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Law and Order in Anglo-Saxon England explores English legal culture
and practice across the Anglo-Saxon period, beginning with the
essentially pre-Christian laws enshrined in writing by King
AEthelberht of Kent in c. 600 and working forward to the Norman
Conquest of 1066. It attempts to escape the traditional
retrospective assumptions of legal history, focused on the late
twelfth-century Common Law, and to establish a new interpretative
framework for the subject, more sensitive to contemporary cultural
assumptions and practical realities. The focus of the volume is on
the maintenance of order: what constituted good order; what forms
of wrongdoing were threatening to it; what roles kings, lords,
communities, and individuals were expected to play in maintaining
it; and how that worked in practice. Its core argument is that the
Anglo-Saxons had a coherent, stable, and enduring legal order that
lacks modern analogies: it was neither state-like nor stateless,
and needs to be understood on its own terms rather than as a
variant or hybrid of these models. Tom Lambert elucidates a
distinctively early medieval understanding of the tension between
the interests of individuals and communities, and a vision of how
that tension ought to be managed that, strikingly, treats strongly
libertarian and communitarian features as complementary.
Potentially violent, honour-focused feuding was an integral aspect
of legitimate legal practice throughout the period, but so too was
fearsome punishment for forms of wrongdoing judged socially
threatening. Law and Order in Anglo-Saxon England charts the
development of kings' involvement in law, in terms both of their
authority to legislate and their ability to influence local
practice, presenting a picture of increasingly ambitious and
effective royal legal innovation that relied more on the
cooperation of local communal assemblies than kings' sparse and
patchy network of administrative officials.
In this volume, ownership is defined as the simple fact of being
able to describe something as 'mine' or 'yours', and property is
distinguished as the discursive field which allows the articulation
of attendant rights, relationships, and obligations. Property is
often articulated through legalism as a way of thinking that
appeals to rules and to generalizing concepts as a way of
understanding, responding to, and managing the world around one. An
Aristotelian perspective suggests that ownership is the natural
state of things and a prerequisite of a true sense of self. An
alternative perspective from legal theory puts law at the heart of
the origins of property. However, both these points of view are
problematic in a wider context, the latter because it rests heavily
on Roman law. Anthropological and historical studies enable us to
interrogate these assumptions. The articles here, ranging from
Roman provinces to modern-day piracy in Somalia, address questions
such as: How are legal property regimes intertwined with economic,
moral-ethical, and political prerogatives? How far do the
assumptions of the western philosophical tradition explain property
and ownership in other societies? Is the 'bundle of rights' a
useful way to think about property? How does legalism negotiate
property relationships and interests between communities and
individuals? How does the legalism of property respond to the
temporalities and materialities of the objects owned? How are
property regimes managed by states, and what kinds of conflicts are
thus generated? Property and ownership cannot be reduced to natural
rights, nor do they straightforwardly reflect power relations: the
rules through which property is articulated tend to be conceptually
subtle. As the fourth volume in the Legalism series, this
collection draws on common themes that run throughout the first
three volumes: Legalism: Anthropology and History, Legalism:
Community and Justice, and Legalism: Rules and Categories
consolidating them in a framework that suggests a new approach to
legal concepts.
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