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Dead Voice - Law, Philosophy, and Fiction in the Iberian Middle Ages (Hardcover)
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Dead Voice - Law, Philosophy, and Fiction in the Iberian Middle Ages (Hardcover)
Series: The Middle Ages Series
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An exploration of the thirteenth-century law code known as Siete
Partidas Conceived and promulgated by Alfonso X, King of Castile
and Leon (r. 1252-1282), and created by a workshop of lawyers,
legal scholars, and others, the set of books known as the Siete
Partidas is both a work of legal theory and a legislative document
designed to offer practical guidelines for the rendering of legal
decisions and the management of good governance. Yet for all its
practical reach, which extended over centuries and as far as the
Spanish New World, it is an unusual text, argues Jesus R. Velasco,
one that introduces canon and ecclesiastical law in the vernacular
for explicitly secular purposes, that embraces intellectual
disciplines and fictional techniques that normally lie outside
legal science, and that cultivates rather than shuns perplexity. In
Dead Voice, Velasco analyzes the process of the Siete Partidas's
codification and the ways in which different cultural, religious,
and legal traditions that existed on the Iberian Peninsula during
the Middle Ages were combined in its innovative construction. In
particular, he pays special attention to the concept of "dead
voice," the art of writing the law in the vernacular of its clients
as well as in the language of legal professionals. He offers an
integrated reading of the Siete Partidas, exploring such matters as
the production, transmission, and control of the material text; the
collaboration between sovereignty and jurisdiction to define the
environment where law applies; a rare legislation of friendship;
and the use of legislation to characterize the people as "the soul
of the kingdom," endowed with the responsibility of judging the
stability of the political space. Presenting case studies beyond
the Siete Partidas that demonstrate the incorporation of
philosophical and fictional elements in the construction of law,
Velasco reveals the legal processes that configured novel
definitions of a subject and a people.
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