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| common law in the middle ages: Women in the Medieval Common Law C.1200-1500 Gwen Seabourne, 2023-01-09 This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women's treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women. |
| common law in the middle ages: Sanctuary and Crime in the Middle Ages, 400-1500 Karl Shoemaker, 2011 Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. -- |
| common law in the middle ages: The Cambridge Companion to Medieval English Law and Literature Candace Barrington, Sebastian Sobecki, 2019-08-08 A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England. |
| common law in the middle ages: English Law in the Age of the Black Death, 1348-1381 Robert C. Palmer, 2001-02-01 Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De |
| common law in the middle ages: The Creation of the Common Law Thomas Lund, 2018-07-25 After Edward I became king, Chief Justice Bereford took charge of the legal system and created law in accord with his own sense of justice. Here the most important medieval cases are paraphrased and analyzed, making this interesting and entertaining litigation accessible to everyone. |
| common law in the middle ages: Divorce in Medieval England Sara Margaret Butler, 2013 Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility. |
| common law in the middle ages: Saxon and Medieval Antecedents of the English Common Law Kurt von S. Kynell, 2000 This volume provides an interdisciplinary approach to legal history, utilizing law, linguistics, cultural anthropology and social history to document and analyze the slow but steady growth of the English common law from Anglo-Saxon times to the 19th century. |
| common law in the middle ages: A History of Law in Europe Antonio Padoa-Schioppa, 2017-08-03 The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation. |
| common law in the middle ages: Women in the Medieval Common Law c.1200–1500 Gwen Seabourne, 2021-04-06 This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women. |
| common law in the middle ages: Medieval Justice Hunt Janin, 2009-10-15 A primer on medieval justice, this book focuses on France, Germany and England and covers the thousand years between the transformation of the Roman world in Western Europe, which took place around the 4th and 5th centuries, and the European Renaissance of the 14th and 15th centuries. It highlights key elements in the intricate, overlapping legal systems of the Middle Ages and describes a wide range of contemporary laws and cases. A discussion of the modern legacies of medieval law is included, as are a brief overview of the Inquisition, the 27 articles of Joan of Arc and useful commentary on many other topics. Illustrations range from the earliest known depictions of English courts and illuminations of torture to pictures of important sites, events, and instruments of punishment in medieval law. |
| common law in the middle ages: Law and Kinship in Thirteenth-Century England Sam Worby, 2015 First comprehensive survey of how kinship rules were discussed and applied in medieval England. Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymenand laywomen. They determined whom they might marry (decided in the canon law courts) and they determined from whom they might inherit (decided in the common law courts). This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned toadd to the kinship mix ties of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England. SAM WORBY is a civil servant and independent scholar. |
| common law in the middle ages: The Oxford Handbook of Criminal Law Markus Dirk Dubber, Tatjana Hörnle, 2014 Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically. |
| common law in the middle ages: Marriage, Family, and Law in Medieval Europe Michael M. Sheehan, 1997-01-01 A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years. |
| common law in the middle ages: Power and Justice in Medieval England Joshua C. Tate, 2022-01-01 How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an advowson--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts. |
| common law in the middle ages: Felony and the Guilty Mind in Medieval England Elizabeth Papp Kamali, 2019-08 Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury. |
| common law in the middle ages: The History of Law in Europe Bart Wauters, Marco de Benito, 2017-04-28 Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments. |
| common law in the middle ages: The Law of Treason in England in the Later Middle Ages J. G. Bellamy, John G. Bellamy, 2004-01-29 Professor Bellamy places the theory of treason in its political setting and analyses the part it played in the development of legal and political thought in this period. He pays particular attention to the Statute of Treason of 1352, an act with a notable effect on later constitutional history and which, in the opinion of Edward Coke, had a legal importance second only to that of Magna Carta. He traces the English law of treason to Roman and Germanic origins, and discusses the development of royal attitudes towards rebellion, the judicial procedures used to try and condemn suspected traitors, and the interaction of the law of treason and constitutional ideas. |
| common law in the middle ages: Madness in Medieval Law and Custom Wendy Turner, 2010-09-24 This essay collection examines aspects of mental impairment from a variety of angles to unearth medieval perspectives on mental affliction. This volume on madness in the Middle Ages elucidates how medieval society conceptualized mental afflictions, especially in law and culture. |
| common law in the middle ages: The Nature of Customary Law Amanda Perreau-Saussine, James B. Murphy, 2007-05-17 Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law. |
| common law in the middle ages: Law and Society in Later Medieval England and Ireland Paul Brand, Travis R. Baker, 2020-06-30 Law mattered in later medieval England and Ireland. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a m |
| common law in the middle ages: Law, laity and solidarities Pauline Stafford, Janet L. Nelson, Jane Martindale, 2020-01-03 The primary focus of this collection by leading medieval historians is the laity, in particular the ideas and ideals of lay people. The contributors explore lay attitudes as expressed in legal cases, charters, chronicles and collective activities. Highlights the centrality of kinship, whilst stressing its limitations as an all purpose social bond. Ranges chronologically and geographically from the seventh century to the eve of the Reformation, from Western Britain to papal and urban Italy, from Carolingian dynastic politics to the decline of medieval pilgrimage in the sixteenth century, and from the courts of twelfth-century France to the fifteenth-century wards of London. |
| common law in the middle ages: Medieval Justice Hunt Janin, 2004-01-01 Discusses the types of justice administered in medieval times, how geography and religion shaped it, and its legacy in modern times. |
| common law in the middle ages: The Common Legal Past of Europe, 1000–1800 Manlio Bellomo, 1995 A broad history of the western European legal tradition. Bellomo discusses the great jurists who gave common law its intellectual vigor as well as the humanist jurists of the period. |
| common law in the middle ages: The Oxford Handbook of European Legal History Heikki Pihlajamäki, Markus D. Dubber, Mark Godfrey, 2018-06-28 European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on heartlands of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical fringes such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas. |
| common law in the middle ages: Medieval Women and the Law Noël James Menuge, 2003 Legal records illuminate womens' use of legal processes, with regard to the making of wills, the age of consent, rights concerning marriage and children, women as traders, etc. Determined and largely successful effort to read behind and alongside legal discourses to discover women's voices and women's feelings. It adds usefully to the wider debate on women's role in medieval society. ENGLISH HISTORICAL REVIEW What is really new here is the ways in which the authors approach the history of the law: they use some decidedly non-legal texts to examine legal history; they bring together historical and literary sources; and they debunk the view that medieval laws had little to say about women or that medieval women had little legal agency. ALBION The legal position of the late medieval woman has been much neglected, and it is this gap which the essays collected here seek to fill. They explore the ways in which women of all ages and stations during the late middle ages (c.1300-c.1500) could legally shift for themselves, and how and where they did so. Particular topics discussed include the making of wills, the age of consent, rights concerning marriage, care, custody and guardianship (with particular emphasis on the rights of a mother attempting to gain custody of her own children within the court system), women as traders, women as criminals, prostitution, the rights of battered women within the courts, the procedures women had to go through to gain legal redress and access, rape, and women within guilds. NOELJAMES MENUGE gained her Ph.D. from the Centre of Medieval Studies at the University of York. Contributors: P.J.P. GOLDBERG, VICTORIA THOMPSON, JENNIFER SMITH, CORDELIA BEATTIE, KATHERINE J. LEWIS, NOEL JAMES MENUGE, CORINNE SAUNDERS, KIM M. PHILLIPS, EMMA HAWKES |
| common law in the middle ages: Medieval Law in Context Anthony Musson, 2001-07-06 Offering an important new perspective on medieval political, legal, and social history in England, Anthony Musson examines how medieval people at all social levels thought about law, justice, politics, and their role in society. He provides a history of judicial developments in the 13th and 14th centuries, while interweaving within each chapter a special focus on different facets of legal culture and experience. This illuminating approach reveals a comprehensive picture of two centuries worth of tremendous social change. |
| common law in the middle ages: The Settlement of Disputes in Early Medieval Europe Wendy Davies, Paul Fouracre, 1992-04-23 This is a collection of original essays on the settlement of disputes in the early middle ages, a subject of central importance for social and political history. Case material, from the evidence of charters, is used to reveal the realities of the settlement process in the behaviour and interactions of people - instead of the prescriptive and idealised models of law-codes and edicts. The book is not therefore a technical study of charters evidence. The geographical range across Europe is unusually wide, which allows comparison across differing societies. Frankish material is inevitably prominent, but the contributors have sought to integrate Celtic, Greek, Italian and Spanish material into the mainstream of the subject. Above all, the book aims to 'demystify' the study of early medieval law, and to present a radical reappraisal of established assumptions about law and society. |
| common law in the middle ages: Roman Law in European History Peter Stein, 1999-05-13 This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all. |
| common law in the middle ages: A Concise History of the Common Law Theodore Frank Thomas Plucknett, 2001 Originally published: 5th ed. Boston: Little, Brown and Co., 1956. |
| common law in the middle ages: Negligence E. J. H. Schrage, 2001 Der Autor zielt auf eine dynamische Vergleichung der Probleme auf dem Gebiet des Rechts der unerlaubten Handlung, die sich in der Geschichte auf der einen Seite auf dem Kontinent Westeuropas, auf der anderen Seite im Bereich des common law dargeboten haben. Das allgemeine Konzept der unerlaubten Handlung als solche ist, soweit es den Kontinent anbelangt, eine Schöpfung des mittelalterlichen, namentlich des kanonischen Rechts. Auf der anderen Seite des Kanals geht die unerlaubte Handlung, die man als negligence anzudeuten pflegt, hauptsächlich auf das 19. Jahrhundert zurück, obwohl deren Wurzeln sich schon beträchtlich früher auffinden lassen. In beiden Rechtskreisen handelt es sich um eine Generalisierung schon seit Alters her bestehender Konzepte, die mit der Formulierung der alten Klagen geradewegs in Verbindung stehen. Dieser Prozeß der Generalisierung hat sich aber nicht unbehindert vollzogen. Gerade die Hürden und Schwierigkeiten auf dem Wege zur Generalisierung der alten Klagen und Konzepte bilden das zentrale Thema dieses Buches. Sie werden von voranstehenden Rechtshistorikern aus dem Bereich des deutschen, englischen, französischen, niederländischen und schottischen Rechts erläutert. Der Herausgeber, der schon früher in dieser Reihe einen Band über ungerechtfertigte Bereicherung veröffentlicht hat, ist für die Einführung aus rechtsvergleichender Sicht verantwortlich. |
| common law in the middle ages: Common Women Ruth Mazo Karras, 1996 Common women in medieval England were prostitutes, whose distinguishing feature was not that they took money for sex but that they belonged to all men in common. Common Women: Prostitution and Sexuality in Medieval England tells the stories of these women's lives: their entrance into the trade because of poor job and marriage prospects or because of seduction or rape; their experiences as street-walkers, brothel workers or the medieval equivalent of call girls; their customers, from poor apprentices to priests to wealthy foreign merchants; and their relations with those among whom they lived. Through a sensitive use of a wide variety of imaginative and didactic texts, Ruth Karras shows that while prostitutes as individuals were marginalized within medieval culture, prostitution as an institution was central to the medieval understanding of what it meant to be a woman. This important work will be of interest to scholars and students of history, women's studies, and the history of sexuality. |
| common law in the middle ages: The Laws of Late Medieval Italy (1000-1500) Mario Ascheri, 2013-07-11 In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system. |
| common law in the middle ages: When Should Law Forgive? Martha Minow, 2019-09-24 “Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts. |
| common law in the middle ages: Money in the Western Legal Tradition David Murray Fox, Wolfgang Ernst, 2016 Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions. |
| common law in the middle ages: The Legal Code of Ælfred the Great Great Britain, 1893 |
| common law in the middle ages: The Cambridge Companion to the Age of Justinian Michael Maas, 2005-04-18 This book introduces the Age of Justinian, the last Roman century and the first flowering of Byzantine culture. Dominated by the policies and personality of emperor Justinian I (527–565), this period of grand achievements and far-reaching failures witnessed the transformation of the Mediterranean world. In this volume, twenty specialists explore the most important aspects of the age including the mechanics and theory of empire, warfare, urbanism, and economy. It also discusses the impact of the great plague, the codification of Roman law, and the many religious upheavals taking place at the time. Consideration is given to imperial relations with the papacy, northern barbarians, the Persians, and other eastern peoples, shedding new light on a dramatic and highly significant historical period. |
| common law in the middle ages: Married Women and the Law in Premodern Northwest Europe Cordelia Beattie, Matthew Frank Stevens, 2013 Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries. |
| common law in the middle ages: Justinian's Institutes Justinian I (Emperor of the East), 1987 |
| common law in the middle ages: Medieval Women and Urban Justice Teresa Phipps, 2020-03-05 This is the first in-depth, comparative study of women's access to justice in medieval English towns. It compares the records of Nottingham, Chester and Winchester and a wide range of legal actions to highlight the variable nature of women's legal status in actions that arose from the complex, messy ties of everyday life. |
| common law in the middle ages: Lists and Indexes Great Britain. Public Record Office, 1897 |
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Common (rapper) - Wikipedia
Lonnie Rashid Lynn[7][8][9] (born March 13, 1972), known professionally as Common (formerly known as Common Sense), is an American rapper and actor. The recipient of three Grammy …
COMMON Definition & Meaning - Merriam-Webster
The meaning of COMMON is of or relating to a community at large : public. How to use common in a sentence. Synonym Discussion of Common.
COMMON Definition & Meaning - Dictionary.com
Common definition: belonging equally to, or shared alike by, two or more or all in question.. See examples of COMMON used in a sentence.
COMMON | definition in the Cambridge English Dictionary
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COMMON definition and meaning | Collins English Dictionary
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