R.J. Schoeck, Natalie Zemon Davis, J.K. McConica (with assistance of William Dean and others), “A Finding List of Renaissance Legal Literature to 1700, Renaissance and Reformation 4 (1967-68): 33-85 (original) (raw)
Order in the Court: Medieval Procedural Treatises in Translation
2016
Introduction 1 1 The Ecclesiastical Ordo iudiciorum Around 1100 25 2 The Early Romano-Canonical Process: The Worlds of Hariulf and Bulgarus 52 3 The Anglo-Norman Ordo iudiciarius: Pseudo-Ulpianus, De edendo 112 4 William of Longchamp's Practica Legum et decretorum 172 5 The Ordo Bambergensis 197 Conclusion 276 Selected Bibliography 287 Index of Sources and Parallels 316 General Index 324 x acknowledgments sorts of questions ranging across medieval law and society. His reading of an initial draft also caught many problems, both great and small, and I have greatly benefitted from his corrections and suggestions. What errors remain are my responsibility alone. Two senior colleagues, whom I also count as friends, must be specially thanked. Dr. Martin Brett has been a great support to me not only during this project but throughout my academic career. I am particularly grateful for his permission to use his unpublished work on the De edendo. Professor Dr. Peter Landau has been, for almost three decades, a second Doktorvater. I cannot thank him too much for his friendship and guidance. I hope what follows will reflect, if inadequately, my admiration for these scholars. Above all, I thank my wife, Darlene. Over the years, she has endured my enthusiasm for, and complaints about, Hincmar of Reims, Ivo of Chartres and, now, among others, William of Longchamp. Her good humor has only been exceeded by her unfailing love and support. I dedicate this book to her and to the One whose love is the fullness of the law.
The Cambridge Companion to Medieval English Law and Literature [Edited book]
Cambridge: Cambridge University Press, 2019
The Cambridge Companion to Medieval Law and Literature addresses the need for an authoritative guide through the bewildering maze of medieval law as well as the need for concise examples of how the law infiltrated literary texts. The Companion combines accessible essays written by leading specialists in legal history with essays exploring literary conversations with the law in the works of later medieval authors from Chaucer to Malory. The first half of this book contains detailed introductions to legal concepts, practices, and institutions in medieval England. In the second half, experts cover a number of texts and authors from across the later medieval period whose verse and prose can be understood as engaging with the law. In this way, the Cambridge Companion to Medieval Law and Literature forms the basis for students wishing to explore this rich area or for scholars to familiarise themselves with literary uses of the law. ISBN: 9781316632345
The Oxford Handbook of English Law and Literature, 1500-1700
Oxford Handbooks Online, 2017
This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition (poetry and drama) and of new legal epistemologies of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and sim...
This paper will investigate the errors that can make the judgment null and void and, therefore, produce the reversal of the res judicata. Res judicata is considered the irrevocable end of a correctly constructed judicial proceeding. We will try to find out what, in the Sixteenth and Seventeenth centuries, gives substance to this assumption in order to better understand the discipline of the miscarriage of justice of the time. We will see what the differences are between final judgment and res judicata; the elements which constitute the authority of the res judicata and the iuris et de iure presumption which gives it foundation; and the judicial errors made in a criminal judgment that are taken into consideration by the jurists. The errors that can be made by the judge while judging are directly proportional to the powers entrusted to the judge itself by the political order within which he operates. The power of judging and the duty to do it according to certain rules converge upon the figure of the judge. The res judicata produces effects precisely because it is the result of the correct interaction between such power and such duty. The power of judging which the political order entrusts to the judge is limited by the fact that he has carried it out within the rules established by the same political order. The widening and narrowing of these limits have repercussions on the irrevocability – or better, on the capacity of not being rescindable – of the res judicata which, in the most extreme hypothesis, could be valid and therefore produce its effects even in the case where the judge operates without respecting the rules . The sources that have been consulted for this paper are essentially of a doctrinal nature and they refer to a period that goes from the end of the Fifteenth to the Seventeenth century. Jurists, that have been taken into consideration, belong to the territories of present-day Germany and central-northern Italy and are known as ius commune jurists.
Accounts and Judicial Experts in Medieval Legal Literature
Revue de la recherche juridique - Droit Prospectif, 2018
In his manual, Tractatus de ratiociniis administratorum, published in 1603, the Castilian jurist Francisco Muñoz de Escobar compares the bookkeeping practices of his time with the analyses of private law. To justify his explanations, the author draws upon the works of his predecessors since the thirteenth century. Among the many topics discussed, Francisco Muñoz de Escobar exposes with great erudition the role of account specialists, including those required to produce a report in a litigation context. According to the author, sometimes, legal rules seem to place these persons in awkward situations concerning initially their appointment, through the appointment by the judge and the judge of the designation, then about their mission, because of its limits and its incidents.
The Renaissance of English Legal History
Cambridge Law Journal, 2021
Cambridge Law Journal. In many ways it was a response to, and development from, F. W. Maitland's Rede Lecture with the same title, published some 80 years previously. Baker's paper marks a punctuation in his study of English law under the early Tudors, a subject which he has made his own, culminating in his magisterial sixth volume of The Oxford History of the Laws of England. In addition, it marked a major break with the earlier orthodoxy that English law in this period was fundamentally distinct from the law which was developing on the European continent. The present paper explores both of these themes.
A Cultural History of Law in the Middle Ages. Edited by Emanuele Conte and Laurent Mayali
2019
This is the second volume of a series of six, published by Bloomsbury in 2019. The contributions included in this volume cast new light on the cultural significance of law in the Middle Ages. As it evolved from a combination of religious norms, local customs, secular legislations and Roman jurisprudence, medieval law defined a normative order that was more than the sum of its parts. It promoted new forms of individual and social representation. It fostered the political renewal that heralded the transition from feudalism to the early modern state and contributed to the diffusion of a common legal language with the emergence of the ius commune.
The beginnings of medieval and modern jurisprudence: The development of European legal thought
Dialog Campus Publisher
In this volume, I have tried to expand in four directions, starting from the field of thinned-out legal theory. In the introductory chapter, I outlined some of the basic features of the development of medieval and modern European law; in the following chapters - and this is the title of the volume - I analysed the main stages in the development of European jurisprudence over the last thousand years; finally, in the last two chapters, I attempted to summarise briefly the development of the main categories of private law dogmatics and criminal law dogmatics. The latter two openings may allow theorists of legal theory and of these two fields of law to develop common forums for discussion, thus reviving the discourses of legal philosophy/criminal law and legal philosophy/private law theory which have been extinct for many decades. It should be pointed out that this four-way opening has brought such a mass of literature into the analysis, less Hungarian than German, Anglo-American and French legal literature, that in this first round I have had to limit myself to a simple excerpt in a number of cases concerning new topics. This is particularly the case in the chapters on glossators and commentators, where I have based my writing mainly on the analyses of Hermann Lange and the Coing-Handbuch, and in the chapter on the development of private law doctrinal categories I have focused mainly on Hans Hattenhauer's monograph on this subject.