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)

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Order in the Court: Medieval Procedural Treatises in Translation Cover Page

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

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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...

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Res judicata and null and void judgment in the doctrine of Sixteenth and Seventeenth century criminal law. Certain interpretative profiles.

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.

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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.

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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.

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A Cultural History of Law in the Middle Ages. Edited by Emanuele Conte and Laurent Mayali Cover Page

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Bibliography_Bulletin of Medieval Canon Law, n.s. 30 (2013) Cover Page

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Exploring the law in medieval minds: the duty of the legal historian to write books of non-written law Cover Page

English Judges and Roman Jurists: The Civilian Learning Behind England's First Case Law

This Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, the justices and clerks of the royal courts began to treat cases as if they were the opinions of great jurists, to apply the same types of dialectical reasoning that were used in civil law discourse to those cases, and to work them into systems of authority. They used cases, as the modern common law does; but they used cases to create systems of the kind we usually associate with civil law. In the second Part of the Article, I turn to the modern common law and, using the methods of medieval case law as a mirror, show that the differences between civil law and common law reasoning are more perceived than real. American lawyers tend to view common law as flexible and creative, whereas they view civil law as ossified and hierarchical. This largely stems from the fact that common lawyers focus on the judicial opinion as the place where legal reasoning takes place. By integrating other texts, like the student outline and the restatement—which seek to create a harmonious system out of judicial opinions—into the picture of common law reasoning, I show that common law reasoning shares quite a bit in common with civil law reasoning.

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Review of Osvaldo Cavallar & Julius Kirshner, Jurists and Jurisprudence in Medieval Italy. Texts and Contexts, Toronto/Buffalo/London, University of Toronto Press, 2020 Cover Page