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The History of Courts and Procedure in Medieval Canon Law (Hardcover)
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The History of Courts and Procedure in Medieval Canon Law (Hardcover)
Series: History of Medieval Canon Law
Expected to ship within 12 - 17 working days
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Understanding the rules of procedure and the practices of medieval
and early modern courts is of great importance for historians of
every stripe. The authors and editors of this volume present
readers with a description of court procedure, the sources for
investigating the work of the courts, the jurisprudence and the
norms that regulated the courts, as well as a survey of the variety
of courts that populated the European landscape. Not least, the
authors wish to show the relationship between the jurisprudence
that governed judicial procedure and what happened in the court
room. By the end of the thirteenth century, court procedure in
continental Europe in secular and ecclesiastical courts shared many
characteristics. As the academic jurists of the Ius commune began
to excavate the norms of procedure from Justinian's great
codification of law and then to expound them in the classroom and
in their writings, they shaped the structure of ecclesiastical
courts and secular courts as well. These essays also illuminate
striking differences in the sources that we find in different parts
of Europe. In northern Europe the archives are rich but do not
always provide the details we need to understand a particular case.
In Italy and Southern France the documentation is more detailed
than in other parts of Europe but here too the historical records
do not answer every question we might pose to them. In Spain,
detailed documentation is strangely lacking, if not altogether
absent. Iberian conciliar canons and tracts on procedure tell us
much about practicein Spanish courts. As these essays demonstrate,
scholars who want to peer into the medieval courtroom, must also
read letters, papal decretals, chronicles, conciliar canons, and
consilia to provide a nuanced and complete picture of what happened
in medieval trials. This volume will give sophisticated guidance to
all readers with an interest in European law and courts.
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