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Studies in Medieval Legal Thought

Studies in Medieval Legal Thought
Author: Gaines Post
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 650
Release: 2006
Genre: Law, Medieval
ISBN: 1584776927
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Roman Law's Influence on Public Law and the State This collection of eleven distinguished essays explores the revival of Roman law and its subsequent influence on the development of public law and early modern theories of the state. "This very fine book deserves to be judged as something more than a mere collection of scattered essays. There is an impressive unity of thought and argument running through all the various studies, and together they form a coherent and extremely valuable contribution to a recent movement of thought that has been reshaping our understanding of the principles on which medieval government was based."--Brian Tierney, Harvard Law Review 78 (1964-1965):1502 GAINES POST [1902-1987] received an M.A. in 1925 and Ph.D. in 1931 at Harvard University. He researched medieval history and culture at the Ecole de Chartres in France from 1927-1928 and also conducted research in Italy, Germany, and England. Post was a member of the Department of History at the University of Wisconsin, Madison, from 1935 to 1941, a lecturer at the Riccoboro Seminar in 1947, and a lecturer at the Medieval Institute at the University of Notre Dame. Some of his many accomplishments include a Fulbright research award to France in 1951-1952, two Guggenheim Fellowships (1939-1940 and 1955-1956) and an honorary fellowship in the American Society for Legal History. While an instructor at Princeton University from 1959-1960 he was the chairman of the Institute of Research and Study in Medieval Canon Law. In 1954 he accepted a faculty position at Princeton University, where he remained until his retirement in 1970.

Studies in Medieval Legal Thought

Studies in Medieval Legal Thought
Author: Gaines Post
Publisher: Princeton University Press
Total Pages: 650
Release: 2015-12-08
Genre: History
ISBN: 1400879981
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This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Laws, Lawyers and Texts

Laws, Lawyers and Texts
Author:
Publisher: BRILL
Total Pages: 440
Release: 2012-06-22
Genre: History
ISBN: 9004232575
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The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests. Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis. *Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article “Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321" in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, ed. Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: http://aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/

The Medieval Idea of Law as Represented by Lucas de Penna (Routledge Revivals)

The Medieval Idea of Law as Represented by Lucas de Penna (Routledge Revivals)
Author: Walter Ullmann
Publisher: Routledge
Total Pages: 609
Release: 2010-01-29
Genre: History
ISBN: 1136999353
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Upon its original publication in 1946, this work represented a new approach to medieval studies, offering indispensable analysis to the historian of legal, political and social ideas. Research into the original sources leads the author through unexplored realms of medieval thought. By contrasting contemporary opinions with those of his central figure, Lucas de Penna, he comprehensively presents the medieval idea of law – then regarded as the concrete manifestation of abstract justice. The intensity of medieval academic life is revealed in the heated controversies, whilst medieval criminology foreshadows modern developments. A significant discovery is the astonishingly great reliance which Continental scholars placed upon English thought. A challenge to certain current misconceptions, this book shows the resourcefulness of medieval thinking and the extent to which modern ideas were foreshadowed in the fourteenth century, a time when the ideas of law and liberty were identical.

Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe
Author: Kenneth Pennington
Publisher: Ashgate Publishing, Ltd.
Total Pages: 444
Release: 2011
Genre: History
ISBN: 9781409425748
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This volume brings together a set of papers by international scholars, distinguished in their own right, in honor of James Brundage. Each contribution corresponds to an important focus of Brundage's own work. The connection between the development of medieval legal thought and constitutional ideas is the theme that marks the first section, while the second centres on the growth of the legal profession. The following papers explore the intersection of law and marriage and finally the influence of legal thinking on the crusading movement.

Kingship and Law in the Middle Ages

Kingship and Law in the Middle Ages
Author: Fritz Kern
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 246
Release: 2013-07
Genre: Constitutional history, Medieval
ISBN: 158477570X
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A Classic Study of Early Constitutional Law. First published in 1914, this is one of the most important studies of early constitutional law. Kern observes that discussions of the state in the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount. Were they those of the ruler or the people? Kern locates the origins of this debate, which has continued to the twentieth century, in church doctrine and the history of the early German states. He demonstrates that the interaction of "these two sets of influences in conflict and alliance prepared the ground for a new outlook in the relations between the ruler and the ruled, and laid the foundations both of absolutist and of constitutional theory" (4). "[A] pioneering and classic study." --Norman F. Cantor, Inventing the Middle Ages, 106. Fritz Kern [1884-1950] was a professor, journalist and state official. From 1914 to 1918 he worked for the Foreign Ministry and the General Staff in Berlin. One of the leading medieval historians of his time, his works include Die Anfänge der Französischen Ausdehnungspolitik bis zum Jahr 1308 (1910) and Recht und Verfassung im Mittelalter (1919).

Medieval Legal and Political Thought

Medieval Legal and Political Thought
Author: Larry May
Publisher: Cambridge Scholars Publishing
Total Pages: 545
Release: 2021-12-13
Genre: History
ISBN: 1527578143
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Medieval legal and political thought encompasses the period from approximately 500 CE to 1500 CE. The term “Medieval” refers to the legal and political thought from the time of the late Roman Empire to that of the Renaissance. The legal and political thought of the Middle Ages is overwhelmingly characterized by the increasing role that religion played in influencing politics and law. By the high Middle Ages, we find the great theorists, Averroes, Maimonides, and Aquinas linking law to their respective religions of Islam, Judaism, and Christianity. This book argues that the so-called Dark Ages had very significant ideas about the law, especially how violence is to be contained, which make this early Medieval period anything but “Dark.” It suggests that the Christianization and Islamization of legal and political thought created almost as many problems as solutions to the increasingly diverse times that arose in the middle of the Middle Ages. The book also shows that the late Middle Ages already held many of the most important legal and political ideas of the Renaissance–showing that there was no clear break from the Medieval to the Modern periods of legal and political thought. Of central importance is the way that the development of the idea of conscience made the natural law theories of the Medieval times a robust set of ideas that is still felt quite strongly today.

Law | Book | Culture in the Middle Ages

Law | Book | Culture in the Middle Ages
Author:
Publisher: BRILL
Total Pages: 477
Release: 2021-02-01
Genre: History
ISBN: 9004448659
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Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.