University Education and English Ecclesiastical Lawyers 1400–1650

2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz
Keyword(s):  
Thirteenth Century ◽  
Legal Education ◽  
University Education ◽  
Legal Practice ◽  
Negative Opinion ◽  
Ius Commune ◽  
The Law ◽  
The Church ◽  
Academic Study

Most recent historians have expressed a negative opinion of the quality of legal education at the English universities between 1400 and 1650. The academic study of law at Oxford and Cambridge, they have stated, was easy, antiquated and impractical. The curriculum had not changed from the form it assumed in the thirteenth century, and it did little to prepare students for their careers. This article challenges that opinion by examining the inner nature of the ius commune, the law that was applied in the courts of the church, and also by examining some of the works of practice compiled by English civilians during the period. Those works show that the negative opinion rests in part upon a misunderstanding of the nature of legal practice during earlier centuries. In fact, concentration on the texts of the Roman and canon laws, as old-fashioned as it seems to us, was well suited for the tasks advocates and judges would face once they left the academy. It also provided the stimulus needed for advance in the law of the church itself; their legal education made available to potential advocates and judges skills that would permit a sophisticated application of the ius commune, one better suited to their times. The article provides evidence of how this happened.1

The Theory of Papal Monarchy in the Thirteenth Century: The Contribution of the Canonists

Traditio ◽  
1964 ◽  
Vol 20 ◽  
pp. 179-317 ◽  
Author(s):  
J. A. Watt
Keyword(s):  
Political Theory ◽  
Thirteenth Century ◽  
Political Thought ◽  
Source Material ◽  
Academic Literature ◽  
The World ◽  
The Law ◽  
The Church ◽  
Christian Society

The work of the medieval canonists has always formed a significant chapter in the histories of medieval political thought. The law of the Church and its attendant juristic science forms the proper source material for the examination of the system of ideas which lay behind the functioning of papal government. Ecclesiastical jurisprudence was the practical branch of sapientia Christiana. It was concerned with a constitution and the exercise of power within its terms; with an organization and the methods by which it was to be run. It had of necessity to be articulate about the nature of the papacy, the constitutional and organizational linchpin. In consequence the canonists were the acknowledged theorists of papal primacy. To them rather than to the theologians belonged that segment of ecclesiology which treated of the nature of the Church as a visible corporate society under a single ruler. In that period of nearly a century which lay between the accession of Alexander III and the death of Innocent IV, canonists were required to register the increasingly numerous and more diverse applications of papal rulership to the problems of Christian society. The concept of papal monarchy came to be reexamined in academic literature because of the accelerating tempo of papal action. Under the stimulus of an active papacy, the canonists were led to examine many of the assumptions on which the popes based their actions and claims. The world of affairs conditioned the evolution of a political-theory, which in turn helped to shape the course of events.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

scholarly journals O futuro dos cursos de direitos: entre a incerteza e a perplexidade

2018 ◽  
Vol 3 (5) ◽  
Author(s):  
Lana Lisiêr de Lima Palmeira ◽  
Edna Cristina De Prado ◽  
Carla Priscilla Barbosa Santos Cordeiro
Keyword(s):  
Legal Education ◽  
Historical Study ◽  
The Law ◽  
Current Guidelines

Este artigo objetiva discutir a estrutura e organização dos cursos jurídicos sobre o prisma das diretrizes curriculares para o curso de Direito, inseridas na Resolução CNE/CES nº 9/2004. A partir de um estudo histórico sobre o nascimento e formação dos cursos jurídicos no Brasil, pretende-se compreender a evolução do currículo jurídico ao longo dos anos. Em seguida, pretende-se analisar as atuais diretrizes vigentes para o ensino jurídico, compreendendo suas ideias centrais e seus objetivos. Por fim, pretende-se analisar a proposta para as novas diretrizes curriculares para o curso de Direito, verificando-se de que forma as mudanças pretendidas poderão afetar a qualidade do ensino jurídico. Ensino jurídico. diretrizes curriculares. Resolução CNE/CES nº 9/2004.Ensino jurídico. diretrizes curriculares. Resolução CNE/CES nº 9/2004.AbstractThe future of law courses: between uncertainty and perplexityThis article aims to discuss the structure and organization of legal courses on the prism of the curricular guidelines for the Law course, inserted in CNE / CES nº 9/2004 resolution. From a historical study on the birth and formation of legal courses in Brazil, it is intended to understand the evolution of the legal curriculum over the years. Next, we intend to analyze the current guidelines for legal education, understanding its central ideas and objectives. Finally, we intend to analyze the proposal for the new curricular guidelines for the course of Law, and verify how the changes that are intended may affect the quality of legal education.Legal education. curricular guidelines. CNE / CES Resolution 9/2004

scholarly journals Identity Building of Indonesian Legal Education (From Progressive Liberalism to Transgresive Religious Cosmic)

2021 ◽  
Vol 8 (2) ◽  
pp. 481
Author(s):  
Anthon Freddy Susanto
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Analysis Method ◽  
Professional Skill ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
The Social ◽  
The Law ◽  
Heuristic Analysis

Legal Education naturally is education of human and humanity viewing man in his “earthly existence” to appreciate his human nature or will make the humanity humane as such the vital relation is that world will be more humane, managed and maintain according to the relation between he himself and the creator. Legal education encourages man to understand dan be able to interact with reality of the world surrounding; legal education, therefore, should be able to develop human soul, in this case, is the entire creativity, passion and creation. Legal education is closely related to the development of morality of the law enforcement to be able to improve the performance and professional skill in the law enforcement. To support the concept, legal education should always improve the quality of human’s life. Method used was multi-method such as philosophical method using hermeneutic-deconstructive approach; conceptual approach by developing creative ideas through heuristic analysis; method of critique on text to see the new possibilities that can raise in the development made. Philosophical approach can help us to enter into the most essential/fundamental area of the issue developed. Transgressive legal education is human education in the context of Indonesia with the soul of Pancasila. Transgressive legal education is an education to develop moral or conscious to underline the enforcement of the law upon society so that man will aware of the existence of the creator and is able to encourage the development of persons to be critical, tolerant, open, sensitive, and care towards the social problems and law enforcement.

Women and Gender in Canon Law

2013 ◽  
Author(s):  
Sara McDougall
Keyword(s):  
Canon Law ◽  
Legal Theory ◽  
Legal Practice ◽  
Women And Gender ◽  
Men And Women ◽  
Three Stages ◽  
Marriage Formation ◽  
The Law ◽  
And Gender ◽  
The Church

Canon law, the law of the church, defined men and women as distinct and different. Nevertheless, particularly in marriage, canon law also endorsed several important equalities for spouses, irrespective of gender. This article seeks out the balance between gender equalities and inequalities in marriage as found in legal theory and in legal practice, in canon law and in canon law courts. The law itself called for a contradictory positioning of men and women as husbands and wives in a relationship that required both a hierarchical structure and at the same time equality. Ecclesiastical judges practiced a complex implementation of these rules. The article will examine the place of gender in canon law and legal practice concerning marriage in three stages: marriage formation, married life, and dissolution.

Murmurings

2021 ◽  
pp. 11-35
Author(s):  
Ian Ward
Keyword(s):  
Church Of England ◽  
Legal Profession ◽  
Labour Party ◽  
Public Institutions ◽  
Law School ◽  
The Other ◽  
Legal Practice ◽  
Legal Studies ◽  
The Law ◽  
The Church

This chapter focusses on David Hare’s Murmuring Judges; part of his critically acclaimed ‘State of the Nation’ trilogy, produced in the late 1980s and early 1990s. In each of these plays, Hare focussed his attention on the seeming dysfunctionality of particular public institutions. The other two plays in the set examined the Church of England and the Labour Party. Murmuring Judges, as the title suggests, focusses its attention on the legal profession; more closely still the Bar and the police. Hare’s critique of legal practice, and education, chimed with contemporary movements in ‘critical legal studies’ or CLS, as it became known. The CLS movement sought to uncover the ‘politics of the law’, and its consequence, arguing that its roots could be located in the modern law school. This chapter brings this claim and Hare’s play into alignment.

3 LEGAL EDUCATION AND THE INTRODUCTION OF SKILLS OF ARGUMENT At the academic stage of education the standard framework around which teaching takes place is that of legal analysis. Legal education is orientated towards the case method: how cases in courts are described and analysed. The student’s skill in understanding cases, how they have been argued and how the law has been applied, is tested by asking the student to solve a hypothetical problem. The student is given the hypothetical facts. Often students are asked to present advice for one fictional party to a case. The student goes to the library (virtual or real) and searches in books and journals, and the law reports to find similar, analogous cases, noting how these have been decided and why Then that student infers how the hypothetical case he or she has to argue will be decided, basing their inferences on the way applicable legal rules were applied in real cases. The legal analysis that students are trained to do, of course, involves basic analysis of the facts of the case. Which are the material facts? How can the facts as given be organised to make it clear that earlier cases apply? In the standard university problem question (see Chapter 8), the facts do not need to be ascertained, they are given as a neat logically ordered story. In real life, these stories are messier, the relevant facts more difficult to extract, and the doubts and solutions are not so clear. At the vocational stage of legal training, the student is taught to engage in factual analysis and this provides the framework for the course. The student is also taught how to structure, organise and analyse a large amount of what we could call ‘raw data’. They are taught to draw out the probable story from clients, the inferences in the data and see how available evidence can support the argument on the case to be proved. Evidence is correlated to the relevant facts, the facts in issue (eg, that Anna stole a book). The legal principles are assumed. Indeed this aspect of legal education reverses the process noted above in university education of drawing out legal analysis. The legal principles are for the present at least, not in issue, but a given. Theft is against the law. The test of development for the student is to see how skilled they are in deciding whether the factual data that has been made available can be put into a structure that makes it possible to construct a viable argument. An argument that proves Anna is guilty of theft, for example, because enough evidence exists to prove the elements of the unlawful act according to the relevant standard of proof. In reality the good lawyer needs to be able to engage in competent legal analysis and factual analysis. Whilst the difference between the two is important the rigid demarcation between the two for the purpose of the academic/vocational divide is unnecessary and at the early stages of acquiring a legal education highly problematic. This demarcation is beginning to break down as the value of legal skills at the academic stage of training is being recognised in UK law schools. Teaching legal analysis alongside factual analysis, and then subjecting the outcomes of both processes to critical analysis, gives a more holistic approach to the theoretical and the practical study of law. In addition, legal education does not only address factual analysis and legal analysis; it critically addresses macro issues relating to the law as an institution, interrogating the development of substantive law, personnel, methods of reform, underpinning ideologies and prevailing attitudes towards legal philosophy.

2012 ◽  
pp. 212-212
Keyword(s):  
Legal Education ◽  
Real Life ◽  
Holistic Approach ◽  
University Education ◽  
Legal Analysis ◽  
Legal Principles ◽  
The Law ◽  
The Difference ◽  
Substantive Law ◽  
Law Reports

9. Providing legal services: the legal professions

2021 ◽  
pp. 255-290
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2019 ◽  
pp. 244-278
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

The Jews, The Law, and The Church: The Concept of Jewish Serfdom in Thirteenth-Century England

1991 ◽  
Vol 9 ◽  
pp. 153-172 ◽  
Author(s):  
J. A. Watt
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Legal Status ◽  
Ecclesiastical Law ◽  
The Law ◽  
The Church ◽  
Legal Condition

The concept of Jewish serfdom has always figured prominently in interpretations of the medieval Jewish European past. It has seemed at once to hold the key to the understanding of Jewish status at both civil and ecclesiastical law and to mark in an especially dramatic way the degraded position (to some historians, a legal condition of rightlessness) forced on Jews in the period that witnessed a marked deterioration in their position in Christendom. ‘Crucial for an understanding of the entire Jewish position in the medieval world’, Salo Baron has written, summarizing a long-established interpretation, ‘is the institution of “Jewish serfdom”.’ And Gavin Langmuir sees the concept as dominating present historiography about the legal status of medieval Jews. This dominance, however, he has challenged: ‘To speak of Jews as royal serfs or “serfs” only obscures legal realities… Neither Jewish status in canon law nor Jewish status in secular law are accurately described as Jewish serfdom.’

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