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Melodie H. EICHBAUER is Professor of Medieval History at Florida
Gulf Coast University, USA. She is the editor of A Cultural History
of Genocide, Vol. 2: The Middle Ages (2021) and The Use of Canon
Law in Ecclesiastical Administration, 1000-1250 (2018) with Danica
Summerlin and other volumes. Her research focuses on the
dissemination of legal knowledge; the interpretation of law; and
the ways in which social, political, and intellectual developments
and trends shaped both between c.1000 and c.1500 James A BRUNDAGE
(1929-2021) was Professor Emeritus of history and, prior to his
retirement, Ahmanson-Murphy chair of medieval European history at
the University of Kansas, USA. His publications included The
Medieval Origins of the Legal Profession: Canonists, Civilians, and
Courts (2008), Handbook of Medieval Sexuality (1996) edited with
Vern L. Bullough, and Law, Sex, and Christian Society in Medieval
Europe (1987).
Melodie H. EICHBAUER is Professor of Medieval History at Florida
Gulf Coast University, USA. She is the editor of A Cultural History
of Genocide, Vol. 2: The Middle Ages (2021) and The Use of Canon
Law in Ecclesiastical Administration, 1000-1250 (2018) with Danica
Summerlin and other volumes. Her research focuses on the
dissemination of legal knowledge; the interpretation of law; and
the ways in which social, political, and intellectual developments
and trends shaped both between c.1000 and c.1500 James A BRUNDAGE
(1929-2021) was Professor Emeritus of history and, prior to his
retirement, Ahmanson-Murphy chair of medieval European history at
the University of Kansas, USA. His publications included The
Medieval Origins of the Legal Profession: Canonists, Civilians, and
Courts (2008), Handbook of Medieval Sexuality (1996) edited with
Vern L. Bullough, and Law, Sex, and Christian Society in Medieval
Europe (1987).
This latest collection of studies by James Brundage deals with the
emergence of the profession of canon law and with aspects of its
practice in the period from the 12th to the 14th centuries.
Substantial numbers of lawyers systematically trained in canon law
first appeared in Western Europe during the second half of the
12th, century and in the 13th they began to dominate the hierarchy
of the Western church. By 1250 canon law had grown into something
more than a profitable occupation: it had become a recognizable
profession in the strict meaning of the term as it is still used
today. University law faculties trained aspiring canonists in the
mysteries of their craft and put them through intellectually
demanding exercises that terminated in a formal examination before
they received their degrees. Judges in church courts formally
admitted them to practice after verifying their educational
qualifications and administered prescribed rules of conduct.
Particular topics are the canonists' system of legal ethics, the
education and training of canon lawyers in university law
faculties, and some fundamental features of the professional
practice of canon law, both in medieval Europe and in the crusading
states of the Levant.
This volume is concerned, above all, with the legal background and
the juristic issues behind the ideology and practice of the
medieval Crusades. This is an area that the author was the first to
investigate systematically, and there are two particular reasons
for his approach: one, the conviction that the historical
phenomenon of the Crusades can only be adequately understood within
the context of the legal systems that permeated the age; the other,
that so much of the documentary evidence " be it charters, decrees
even chronicles " was produced by people whose perceptions had been
shaped by the law. A number of articles focus on the roles of
individual crusaders, or address ideological questions, including
the very concept of Holy War. Others deal with practical issues and
the nature of the obligations incurred by a crusader, and examine
the consequences these had, both for the institutions of medieval
Europe and for the crusader's own family relationships. Ce recueil
s'attache avant tout au contexte legal et aux questions juridiques
qui se trouvent A la base de l'ideologie et de la pratique des
Croisades au Moyen Age. L 'auteur a ete le premier A entreprendre
des recherches de faAon systematique dans ce domaine; deux raisons
precises sont A l'origine de cette demarche premierement, la
conviction que seule la connaissance du contexte des systemes
legaux dont l'epoque etait impregnee, permet de bien comprendre le
phenomene historique des Croisades; deuxiemement, le fait que
quantite de documents " temoins " chartes, decrets, ou encore
chroniques " sont l'oeuvre de gens dont la perception etait
grandement influencee par la loi. Un nombre d'etudes se concentrent
sur la rAle individuel de certains croises, ou s'adressent A des
questions d'ideologie, y compris le concept mAme de la Guerre
Sainte. D'autre traitent de questions d'ordre pratique, ainsi que
de la nature des engagements contractes par le croise; ils en
examinent le
In the aftermath of sixth-century barbarian invasions, the legal
profession that had grown and flourished during the Roman Empire
vanished. Nonetheless, professional lawyers suddenly reappeared in
Western Europe seven hundred years later during the 1230s when
church councils and public authorities began to impose a body of
ethical obligations on those who practiced law. James Brundage's
"The Medieval Origins of the Legal Profession" traces the history
of legal practice from its genesis in ancient Rome to its rebirth
in the early Middle Ages and eventual resurgence in the courts of
the medieval church.
By the end of the eleventh century, Brundage argues, renewed
interest in Roman law combined with the rise of canon law of the
Western church to trigger a series of consolidations in the
profession. New legal procedures emerged, and formal training for
proctors and advocates became necessary in order to practice law in
the reorganized church courts. Brundage demonstrates that many
features that characterize legal advocacy today were already in
place by 1250, as lawyers trained in Roman and canon law became
professionals in every sense of the term. A sweeping examination of
the centuries-long power struggle between local courts and the
Christian church, secular rule and religious edict, "The Medieval
Origins of the Legal Profession "will be a resource for the
professional and the student alike.
New interpretations of the effect of Magna Carta and other aspects
of the reign of King John. Magna Carta marked a watershed in the
relations between monarch and subject and has long been the subject
of constitutional and political historical writing. This volume has
a different focus: what was the social, economic, legal, and
religious background to the Charter - what was England like between
1199 and 1215? And, no less important, how was King John perceived
by those who actually knew him? Studies here analyse earlier
Angevin rulers and theeffect of their reigns on John's England, the
causes and results of the increasing baronial fear of the king, the
"managerial revolution" of the English church, and the effect of
the ius commune on English common law; theyalso explore the
burgeoning economy of the early thirteenth century and its effect
on English towns, the background to discontent over the royal
forests which eventually led to the Charter of the Forest, the
effect of Magna Cartaon widows and property, and the course of
criminal justice before 1215. The volume ends with the first
critical edition of an open letter from King John explaining his
position in the matter of William de Briouze. Contributors: James
A. Brundage, David Crook, David Crouch, John Gillingham, Barbara A.
Hanawalt, John Hudson, Janet S. Loengard, James Masschaele, R. V.
Turner.
This monumental study of medieval law and sexual conduct explores
the origin and develpment of the Christian church's sex law and the
systems of belief upon which that law rested. Focusing on the
Church's own legal system of canon law, James A. Brundage offers a
comprehensive history of legal doctrines-covering the millennium
from A.D. 500 to 1500-concerning a wide variety of sexual behavior,
including marital sex, adultery, homosexuality, concubinage,
prostitution, masturbation, and incest. His survey makes strikingly
clear how the system of sexual control in a world we have
half-forgotten has shaped the world in which we live today. The
regulation of marriage and divorce as we know it today, together
with the outlawing of bigamy and polygamy and the imposition of
criminal sanctions on such activities as sodomy, fellatio,
cunnilingus, and bestiality, are all based in large measure upon
ideas and beliefs about sexual morality that became law in
Christian Europe in the Middle Ages. Brundage's book is
consistently learned, enormously useful, and frequently
entertaining. It is the best we have on the relationships between
theological norms, legal principles, and sexual practice.--Peter
Iver Kaufman, Church History
In the aftermath of sixth-century barbarian invasions, the legal
profession that had grown and flourished during the Roman Empire
vanished. Nonetheless, professional lawyers suddenly reappeared in
Western Europe seven hundred years later during the 1230s when
church councils and public authorities began to impose a body of
ethical obligations on those who practiced law. James Brundage's
"The Medieval Origins of the Legal Profession" traces the history
of legal practice from its genesis in ancient Rome to its rebirth
in the early Middle Ages and eventual resurgence in the courts of
the medieval church.
By the end of the eleventh century, Brundage argues, renewed
interest in Roman law combined with the rise of canon law of the
Western church to trigger a series of consolidations in the
profession. New legal procedures emerged, and formal training for
proctors and advocates became necessary in order to practice law in
the reorganized church courts. Brundage demonstrates that many
features that characterize legal advocacy today were already in
place by 1250, as lawyers trained in Roman and canon law became
professionals in every sense of the term. A sweeping examination of
the centuries-long power struggle between local courts and the
Christian church, secular rule and religious edict, "The Medieval
Origins of the Legal Profession "will be a resource for the
professional and the student alike.
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