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Books > Law > Jurisprudence & general issues > Legal history
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Windows on Justice in Northern Iberia, 800-1000 (Hardcover, New Ed)
Loot Price: R4,454
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Windows on Justice in Northern Iberia, 800-1000 (Hardcover, New Ed)
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Although it has a rich historiography, and from the late ninth
century is rich in textual evidence, northern Iberia has barely
featured in the great debates of early medieval European history of
recent generations. Lying beyond the Frankish world, in a peninsula
more than half controlled by Muslims, Spanish and Portuguese
experience has seemed irrelevant to the Carolingian Empire and the
political fragmentation (or realignment) that followed it. But
Spain and Portugal shared the late Roman heritage which influenced
much of western Europe in the early middle ages and by the tenth
century records and practice in the Christian north still shared
features with parts farther east. What is interesting, in the wider
European context, is that some of the so-called characteristics of
the Carolingian world - the public court, collective judgment - are
as characteristic of the Iberian world. The suggestion that they
disappeared in the Frankish world, to be replaced by 'private'
mechanisms, has played a major role in debates about the changing
nature of power in the central middle ages: what happened in
judicial courts has been central to the grand narratives of Duby
and successive historians, for they are a powerful lens into the
very real issues of politics and power. Looking at the practice of
judicial courts in Europe west of Frankia allows us to think again
about the nature of the public; identifying all the records of that
practice allows us to adjust the balance between monastic and lay
activity. What these show is that peasants, like other lay people,
used the courts to seek redress and gain advantages. Records were
not entirely framed nor practice entirely dominated by
ecclesiastical interests.
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