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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
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.
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.
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.
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