Law And The Illicit In Medieval Europe Download Ebook PDF Epub Online

Author : Ruth Mazo Karras
Joel Kaye
Publisher : University of Pennsylvania Press
Release : 2013-02-11
Page : 336
Category : History
ISBN 13 : 0812208854
Description :


In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.


Author : Ruth Mazo Karras
Publisher : University of Pennsylvania Press
Release : 2012-03-19
Page : 296
Category : History
ISBN 13 : 081220641X
Description :


The Middle Ages are often viewed as a repository of tradition, yet what we think of as traditional marriage was far from the only available alternative to the single state in medieval Europe. Many people lived together in long-term, quasimarital heterosexual relationships, unable to marry if one was in holy orders or if the partners were of different religions. Social norms militated against the marriage of master to slave or between individuals of very different classes, or when the couple was so poor that they could not establish an independent household. Such unions, where the protections that medieval law furnished to wives (and their children) were absent, were fraught with danger for women in particular, but they also provided a degree of flexibility and demonstrate the adaptability of social customs in the face of slowly changing religious doctrine. Unmarriages draws on a wide range of sources from across Europe and the entire medieval millennium in order to investigate structures and relations that medieval authors and record keepers did not address directly, either in order to minimize them or because they were so common as not to be worth mentioning. Ruth Mazo Karras pays particular attention to the ways women and men experienced forms of opposite-sex union differently and to the implications for power relations between the genders. She treats legal and theological discussions that applied to all of Europe and presents a vivid series of case studies of how unions operated in specific circumstances to illustrate concretely what we can conclude, how far we can speculate, and what we can never know.


Author : Melodie Harris Eichbauer
Publisher : Routledge
Release : 2016-04-15
Page : 440
Category : Law
ISBN 13 : 1317107683
Description :


This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.


Author : Shangching Cheng Huitzacua
Publisher :
Release : 2013
Page : 85
Category :
ISBN 13 :
Description :


This thesis examines Las Siete Partidas, a thirteenth-century Castilian legal code of laws, including on marriage and illicit sexual behaviors. Within the scope of medieval marital studies, there are few academic works focused on medieval Iberia in English. This study on the regulation of licit and illicit sexual conduct will analyze the embedded social expectations and stereotypes placed on both sexes. To establish a working definition of this social construct, a pan-European survey of contemporary theological studies on medieval sexuality and marital theories will place the Castilian law into perspective. This definition will be applied to Las Siete Partidas to establish the congruency of the Castilian laws versus other regions of the Medieval Europe. This thesis finds that licit and illicit sexuality shared a symbiotic relationship, where the licit served as a foundation to formulate the illicit. While the Castilian outlook on marriage and illicit sexuality were similar to practices in western Europe, regional variations could be detected in Castilian jurists' synthesis of marital dogma and the particular needs of the community. Las Siete Partidas can thus be seen as the product of a vibrant cultural exchange and an interpretation between the clergy and the laity that challenged the stereotypical image of a culturally stagnant Middle Ages.


Author : Michelle Armstrong-Partida
Publisher : Cornell University Press
Release : 2017-06-06
Page : 364
Category : History
ISBN 13 : 1501707817
Description :


Two hundred years after canon law prohibited clerical marriage, parish priests in the late medieval period continued to form unions with women that were marriage all but in name. In Defiant Priests, Michelle Armstrong-Partida uses evidence from extraordinary archives in four Catalan dioceses to show that maintaining a family with a domestic partner was not only a custom entrenched in Catalan clerical culture but also an essential component of priestly masculine identity, one that extended to the carrying of weapons and use of violence to resolve disputes and seek revenge, to intimidate other men, and to maintain their status and authority in the community. From unpublished episcopal visitation records and internal diocesan documents (including notarial registers, bishops' letters, dispensations for illegitimate birth, and episcopal court records), Armstrong-Partida reconstructs the personal lives and careers of Catalan parish priests to better understand the professional identity and masculinity of churchmen who made up the proletariat of the largest institution across Europe. These untapped sources reveal the extent to which parish clergy were embedded in their communities, particularly their kinship ties to villagers and their often contentious interactions with male parishioners and clerical colleagues. Defiant Priests highlights a clerical culture that embraced violence and illuminates how the parish church could become a battleground in which rivalries among clerics took place and young clerics learned from senior clergymen to meld the lay masculine ideals that were a part of their everyday culture with the privilege and authority of their profession.


Author : Shannon McSheffrey
Publisher : Oxford University Press
Release : 2017-06-23
Page : 288
Category : History
ISBN 13 : 0192519115
Description :


Seeking Sanctuary explores a curious aspect of premodern English law: the right of felons to shelter in a church or ecclesiastical precinct, remaining safe from arrest and trial in the king's courts. This is the first volume in more than a century to examine sanctuary in England in the fifteenth and sixteenth centuries. Looking anew at this subject challenges the prevailing assumptions in the scholarship that this 'medieval' practice had become outmoded and little-used by the fifteenth and sixteenth centuries. Although for decades after 1400 sanctuary-seeking was indeed fairly rare, the evidence in the legal records shows the numbers of felons seeing refuge in churches began to climb again in the late fifteenth century and reached its peak in the period between 1525 and 1535. Sanctuary was not so much a medieval practice accidentally surviving into the early modern era, as it was an organism that had continued to evolve and adapt to new environments and indeed flourished in its adapted state. Sanctuary suited the early Tudor regime: it intersected with rapidly developing ideas about jurisdiction and provided a means of mitigating the harsh capital penalties of the English law of felony that was useful not only to felons but also to the crown and the political elite. Sanctuary's resurgence after 1480 means we need to rethink how sanctuary worked, and to reconsider more broadly the intersections of culture, law, politics, and religion in the years between 1400 and 1550.


Author : Elisheva Baumgarten
Ruth Mazo Karras
Publisher : University of Pennsylvania Press
Release : 2016-12-16
Page : 368
Category : History
ISBN 13 : 0812248686
Description :


Entangled Histories: Knowledge, Authority, and Jewish Culture in the Thirteenth Century provides a multifaceted account of Jewish life in Europe and the Mediterranean basin at a time when economic, cultural, and intellectual encounters coincided with heightened interfaith animosity.


Author : Ruth Mazo Karras
Publisher : Routledge
Release : 2017-01-20
Page : 258
Category : History
ISBN 13 : 1351979892
Description :


Challenging the way the Middle Ages have been treated in general histories of sexuality, Sexuality in Medieval Europe shows how views at the time were conflicted and complicated; there was no single medieval attitude towards sexuality any more than there is one modern attitude. Focusing on marital sexual activity, as well as behavior that was seen as transgressive, the chapters cover such topics as chastity, the role of the church, and non-reproductive activity. Combining an overview of research on the topic with original interpretations, Ruth Mazo Karras demonstrates that medieval culture developed sexual identities that were quite distinct from the identities we think of today, yet were still ancestral to our own. Using a wide collection of evidence from the late antique period until the fifteenth century, this fully revised third edition has been updated to include the latest scholarship throughout, including expanded coverage of Islamic and Jewish cultures and new ideas on how medieval sexual violence relates to the modern world. A new companion website supplements the text featuring an interactive timeline of key events, links to key primary sources, and references to further reading. Sexuality in Medieval Europe is essential reading for those who study medieval history and culture.


Author : Ruth Mazo Karras
Publisher : Oxford University Press on Demand
Release : 1996
Page : 221
Category : History
ISBN 13 : 0195062426
Description :


"Common women" in medieval England were prostitutes, whose distinguishing feature was not that they took money for sex but that they belonged to all men in common. Common Women: Prostitution and Sexuality in Medieval England tells the stories of these women's lives: their entrance into the trade because of poor job and marriage prospects or because of seduction or rape; their experiences as streetwalkers, brothel workers or the medieval equivalent of call girls; their customers, from poor apprentices to priests to wealthy foreign merchants; and their relations with those among whom they lived. Common Women crosses the boundary from social to cultural history by asking not only about the experiences of prostitutes but also about the meaning of prostitution in medieval culture. The teachings of the church attributed both lust and greed, in generous measure, to women as a group. Stories of repentant whores were popular among medieval preachers and writers because prostitutes were the epitome of feminine sin. Through a sensitive use of a wide variety of imaginative and didactic texts, Ruth Karras shows that while prostitutes as individuals were marginalized within medieval culture, prostitution as an institution was central to the medieval understanding of what it meant to be a woman. This important work will be of interest to scholars and students of history, women's studies, and the history of sexuality.


Author : Stefan Jurasinski
Lisi Oliver
Publisher : Cambridge University Press
Release : 2021-05-27
Page : 320
Category : History
ISBN 13 : 1108840906
Description :


The first critical edition of Alfred the Great's domboc ('book of laws') in over a century.


Author : Hunt Janin
Publisher : McFarland
Release : 2004-04-28
Page : 231
Category : History
ISBN 13 : 0786445025
Description :


Discusses the types of justice administered in medieval times, how geography and religion shaped it, and its legacy in modern times.


Author : Antonio Padoa-Schioppa
Publisher : Cambridge University Press
Release : 2017-08-03
Page : 820
Category : History
ISBN 13 : 1107180694
Description :


The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.


Author : Nicholas Vincent
Publisher : Robinson
Release : 2011-06-23
Page : 160
Category : History
ISBN 13 : 1849012148
Description :


From the Battle of Hastings to the Battle of Bosworth Field, Nicholas Vincent tells the story of how Britain was born. When William, Duke of Normandy, killed King Harold and seized the throne of England, England's language, culture, politics and law were transformed. Over the next four hundred years, under royal dynasties that looked principally to France for inspiration and ideas, an English identity was born, based in part upon struggle for control over the other parts of the British Isles (Scotland, Wales and Ireland), in part upon rivalry with the kings of France. From these struggles emerged English law and an English Parliament, the English language, English humour and England's first overseas empires. In this thrilling and accessible account, Nicholas Vincent not only tells the story of the rise and fall of dynasties, but investigates the lives and obsessions of a host of lesser men and women, from archbishops to peasants, and from soldiers to scholars, upon whose enterprise the social and intellectual foundations of Englishness now rest. This the first book in the four volume Brief History of Britain which brings together some of the leading historians to tell our nation's story from the Norman Conquest of 1066 to the present-day. Combining the latest research with accessible and entertaining story telling, it is the ideal introduction for students and general readers.


Author : Maurice Keen
Publisher : Routledge
Release : 2015-10-05
Page : 292
Category : History
ISBN 13 : 1317397584
Description :


Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.


Author : Sara McDougall
Publisher : Oxford University Press
Release : 2016-10-20
Page : 320
Category : History
ISBN 13 : 0191088846
Description :


The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.


Author : Silvana Seidel Menchi
Publisher : University of Toronto Press
Release : 2016
Page : 405
Category : History
ISBN 13 : 1442637501
Description :


Marriage in Europe, 1400-1800 examines the institution not just as it was theorized by jurists and theologians, but as it was lived in reality.


Author : Michael D. Bailey
Publisher : Cornell University Press
Release : 2017-11-15
Page : 312
Category : History
ISBN 13 : 0801467306
Description :


Superstitions are commonplace in the modern world. Mostly, however, they evoke innocuous images of people reading their horoscopes or avoiding black cats. Certain religious practices might also come to mind—praying to St. Christopher or lighting candles for the dead. Benign as they might seem today, such practices were not always perceived that way. In medieval Europe superstitions were considered serious offenses, violations of essential precepts of Christian doctrine or immutable natural laws. But how and why did this come to be? In Fearful Spirits, Reasoned Follies, Michael D. Bailey explores the thorny concept of superstition as it was understood and debated in the Middle Ages. Bailey begins by tracing Christian thinking about superstition from the patristic period through the early and high Middle Ages. He then turns to the later Middle Ages, a period that witnessed an outpouring of writings devoted to superstition—tracts and treatises with titles such as De superstitionibus and Contra vitia superstitionum. Most were written by theologians and other academics based in Europe’s universities and courts, men who were increasingly anxious about the proliferation of suspect beliefs and practices, from elite ritual magic to common healing charms, from astrological divination to the observance of signs and omens. As Bailey shows, however, authorities were far more sophisticated in their reasoning than one might suspect, using accusations of superstition in a calculated way to control the boundaries of legitimate religion and acceptable science. This in turn would lay the conceptual groundwork for future discussions of religion, science, and magic in the early modern world. Indeed, by revealing the extent to which early modern thinkers took up old questions about the operation of natural properties and forces using the vocabulary of science rather than of belief, Bailey exposes the powerful but in many ways false dichotomy between the "superstitious" Middle Ages and "rational" European modernity.


Author : Ragnhild Johnsrud Zorgati
Publisher :
Release : 2012
Page : 216
Category : History
ISBN 13 : 9780415881319
Description :


The challenges of cultural and religious diversity that face European and American societies today are not a new phenomenon. People in the Middle Ages lived in pluralistic societies, and they found highly interesting ways of dealing with religious and cultural diversity. While religious and political authorities commanded people to stick to their kind, some people explored the borderland between religious identities. In medieval Iberia, Christians and Muslims challenged the legal authoritiesâe(tm) prohibitions against crossing religious and cultural boundaries when they engaged in mixed marriages between Muslims and Christians or converted from one religion to the other. By examining the topics of conversion and mixed marriages in legal texts of Muslim and Christian origin, Pluralism in the Middle Ages explores the construction of boundaries as well as the reasons explaining such constructions. It demonstrates that the religious and social boundaries were not static, nor were they similarly defined by Islamic and Christian medieval cultures. Moreover, the book argues that Muslims and Christians in medieval Iberia did not constitute clearly separated groups, since various categories of people haunted the boundaries between them: false converts employing taqiya strategy (taking on an outward Christian identity while practicing Islam in secret), those engaged in mixed marriages or interreligious sexual relations (and their children), and converts, whose conversion may be perceived as sincere or insincere, total or partial.


Author : Richard W. Kaeuper
Publisher : Oxford University Press on Demand
Release : 2001
Page : 338
Category : History
ISBN 13 : 0199244588
Description :


This original and authoritative text reveals how chivalry was part of the problem of violence in medieval Europe, not merely its solution. The ideal was to internalize restraint in knights, but a close reading of chivalric literature shows chivalry also praised heroic violence by knights. This fascinating book lays bare the conflicts and paradoxes surrounding the concept of chivalry in medieval Europe.


Author : Lester K. Little
Publisher : Cornell University Press
Release : 1983
Page : 267
Category : History
ISBN 13 : 9780801492471
Description :


In this stimulating and important book Lester Little advances the original thesis that, paradoxically, it was the leading practitioners of voluntary poverty, Franciscan and Dominican friars, who finally formulated a Christian ethic which justified the activities of merchants, moneylenders, and other urban professionals, and created a Christian spirituality suitable for townsmen. Little has synthesized a vast body of specialized literature in Italian, German, French, and English to write an interpretive essay which provides a new perspective on the interaction between economic and social forces and the religious movements advocating the apostolic ideal of voluntary poverty...Little's book is a major contribution, not only to the history of the religious movement of voluntary poverty, but also to the interdisciplinary study of the middle ages. --Journal of Social History