English Nuns and the Law in the Middle Ages: Cloistered Nuns and their Lawyers, 1293–1540 by Elizabeth Makowski

Parergon ◽  
2014 ◽  
Vol 31 (2) ◽  
pp. 190-192
Author(s):  
Dianne Hall
Keyword(s):  
Middle Ages ◽  
The Law ◽  
The Middle Ages

scholarly journals Law in action, law in books: the practicality of medieval theft law

2002 ◽  
Vol 17 (3) ◽  
pp. 309-331 ◽  
Author(s):  
RICHARD W. IRELAND
Keyword(s):  
Middle Ages ◽  
Public Order ◽  
England And Wales ◽  
Functional Perspective ◽  
The Social ◽  
The Law ◽  
Medieval Law ◽  
Perpetrators And Victims ◽  
The Individual ◽  
The Middle Ages

This article approaches the medieval law of theft from a ‘functional’ perspective. It seeks, that is, to consider the rules of law principally in relation to the social circumstances which give rise to them and upon which they, in turn, have an impact. Concentrating primarily upon material from England and Wales, the essay considers general issues of definition, jurisdiction and proof in the law of the middle ages before concentrating specifically upon the rules respecting theft. The ideas of manifest and non-manifest theft are explored in an attempt to discover why the law distinguished between them. Potential difficulties concerning the bringing of theft actions and the defences which might be offered to them are also examined and related to the practical world in which perpetrators and victims of theft found themselves. Finally, the possible tension between the satisfaction of the demands of the individual victim and the wider desire to maintain public order is investigated.

scholarly journals Beyond War and Contracts: The Medieval and Religious Roots of the European State

2020 ◽  
Vol 23 (1) ◽  
pp. 19-36 ◽  
Author(s):  
Anna Grzymala-Busse
Keyword(s):  
Middle Ages ◽  
Early Modern Period ◽  
The State ◽  
European State ◽  
Medieval Church ◽  
Open Questions ◽  
Royal Courts ◽  
Social Discipline ◽  
The Law ◽  
The Middle Ages

Where does the state come from? Two canonical answers have been interstate wars and contracts between rulers and the ruled in the early modern period. New scholarship has pushed back the historical origins of the European state to the Middle Ages, and focused on domestic institutions such as parliaments, universities, the law, inheritance rules, and cities. It has left open questions of the causes of territorial fragmentation, the structural similarities in state administrations, and the policy preoccupations of the state. One answer is a powerful but neglected force in state formation: the medieval Church, which served as a rival for sovereignty, and a template for institutional innovations in court administrations, the law, and the formation of human capital. Church influence further helps to explain why territorial fragmentation in the Middle Ages persisted, why royal courts adopted similar administrative solutions, and why secular states remain concerned with morality and social discipline.

MORAL AMBIGUITIES UNDERLYING THE LAWS OF ARMED CONFLICT: A PERSPECTIVE FROM MILITARY ETHICS

2008 ◽  
Vol 11 ◽  
pp. 3-49 ◽  
Author(s):  
Th.A. van Baarda
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Armed Conflict ◽  
Military Ethics ◽  
Military Commander ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Principles Of Justice ◽  
Secretary Of War ◽  
The Middle Ages

AbstractThe law of armed conflict suffers from an internal ambiguity. The Declaration of St Petersburg (1868) made the ambiguity explicit when it stated that ‘the necessities of war ought to yield to the requirements of humanity’. The Lieber Code (1863) was less explicit, though it suffered from the same ambiguity. The Code received a lengthy critique from the Confederate Secretary of War who stated bluntly: ‘A military commander under this code may pursue a line of conduct in accordance with the principles of justice, faith and honour, or he may justify conduct correspondent with warfare of the barbarous hordes who overran the Roman Empire, or who, in the Middle Ages, devastated the continent of and menaced the civilisation of Europe’. Which of the two considerations, the Confederate Secretary demanded to know, should prevail: humanity or necessity?

scholarly journals XXII.—Some Historical Aspects of the English Law of Attainder and Forfeiture for High Treason

Archaeologia ◽  
1883 ◽  
Vol 47 (2) ◽  
pp. 409-428
Author(s):  
Alfred Bailey
Keyword(s):  
Middle Ages ◽  
Proper Understanding ◽  
Historical Aspects ◽  
Wars Of The Roses ◽  
History Of ◽  
English Law ◽  
The Law ◽  
The Middle Ages

A knowledge of the working of the English Law of Attainder and Forfeiture for High Treason is essential to a proper understanding of the History of England in the Middle Ages, especially during the period of the Wars of the Roses.Perhaps the working of the law can be shown best in individual cases. Let us select as examples the fortunes of the dignities and estates which but for forfeiture and other intervening circumstances would have centred in the ill-fated Edward Earl of Warwick, last male scion of the splendid House of Plantagenet.

The History of International Relations During Antiquity and the Middle Ages

1911 ◽  
Vol 5 (4) ◽  
pp. 901-933 ◽  
Author(s):  
Amos S. Hershey
Keyword(s):  
Middle Ages ◽  
International Community ◽  
Law Of Nations ◽  
History Of ◽  
Independent States ◽  
Full Sense ◽  
General Recognition ◽  
The Law ◽  
History Of International Law ◽  
The Middle Ages

The history of international law is essentially a history of the law governing the members of the international community of states in their relations with one another. Inasmuch as the observance of well-established customs of the law of nations implies the existence of an international community of states based upon a general recognition of the fundamental principles of territorial sovereignty and legal equality of independent states, such a law (in the strict and full sense of this term) could not possibly have been developed prior to the rise of the modern European state system, at the close of the Middle Ages or during the fifteenth and sixteenth centuries of our era. Nevertheless, we are by no means without evidence of the observance in intercommunity intercourse of certain rules and customs, even during antiquity and the Middle Ages, mainly with a religious sanction. This was especially the case in Greece, where there were developed rules and customs of intermunicipal law which, in many respects, bear a truly remarkable resemblance to our modern system of international jurisprudence.

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