The Emergence of Professional Law in the Long Twelfth Century

2003 ◽  
Vol 21 (2) ◽  
pp. 347-366 ◽  
Author(s):  
Susan Reynolds
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Legal History ◽  
Western Europe ◽  
Customary Law ◽  
Roman Law ◽  
Early Medieval ◽  
American Tradition ◽  
Professional Law ◽  
Anglo American

The object of this article is to draw attention to an area of European legal history that I think deserves more investigation. It is the change in legal practice caused by the transition from the diffused, undifferentiated, customary law of the earlier middle ages to the various forms of expert, esoteric, professional law that dominated the higher courts of the later middle ages. The suggestion that this has not been much studied may seem odd but, though much has been written on the new study of Roman law, those who work on it have tended to concentrate on the intellectual achievements of the glossators and post-glossators, rather than on practice. Practice in canon law has received more attention, notably from legal historians trained in the Anglo-American tradition, but this has not focused closely on twelfth-century origins. The beginnings of English common law have also been much studied and, since it started off as largely a matter of procedures, that has indeed meant looking at practice. The traditional teleology of legal history has, however, prevented much cross-fertilization with the history of other legal systems. One example of the consequent detachment of English legal history is the assumption of some English legal historians that Roman law procedures were followed in what they often characterize simply as “the Continent” more generally and earlier than seems to have been the case in most areas north of the Alps. Both in England and elsewhere many legal historians concentrate on the period from the thirteenth century on, when sources become more plentiful. Meanwhile, social historians of early medieval western Europe, including England, have argued—to my mind successfully, though I am hardly unprejudiced—that early medieval law was not just a weak, ritualized, and irrational response to feuds and violence, but their investigations tend to stop before the professionals took over. The result is that, apart from recent pioneering work on twelfth-century Tuscany by Chris Wickham, the transition in court practice outside England has been neglected.

The English Difference: The Application of Bureaucratic Norms within a Legal System

2003 ◽  
Vol 21 (2) ◽  
pp. 383-388 ◽  
Author(s):  
Paul Brand
Keyword(s):  
Middle Ages ◽  
Legal History ◽  
Western Europe ◽  
Customary Law ◽  
Medieval Period ◽  
Legal Rules ◽  
Early Medieval Period ◽  
Professional Law ◽  
The Relationship ◽  
Legal Procedures

Susan Reynolds has written a typically wide-ranging, and thought-provoking, article about the process of transition from what she calls “the diffused, undifferentiated, customary law” that was characteristic of Western Europe in the early medieval period to the various different forms of “professional law” that were characteristic of the higher courts of Western Europe in the later middle ages. This is a process that she characterizes, surely correctly, as an “important stage of legal history,” for it was only as an end result of this process of transformation that there emerged law courts and legal procedures and substantial bodies of legal rules that are recognizably the distant ancestors of their modern European and American counterparts. It was also this process of transformation that changed for ever the relationship between law and the society that this law regulated and in which it was embedded in Western European societies. Her article makes no claim to be a definitive study of this process. It is more a pointer to the work that still needs to be done to enable full transnational comparisons to be made between the different ways the process happened within different legal systems and between the different systems that were created through these changes. She does, nonetheless, state some tentative conclusions and point to what she sees as some of the prime factors in bringing about the transformation.

Children and Confession in the Early Middle Ages

1994 ◽  
Vol 31 ◽  
pp. 53-65 ◽  
Author(s):  
Rob Meens
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Western Europe ◽  
Sixth Century ◽  
Early Medieval ◽  
Early Middle Ages

The handbooks for confessors known as penitentials are, I shall argue, an important source for our knowledge of early medieval attitudes on the part of churchmen and others towards children. These texts, basically lists of sins with the prescription of an appropriate penance for each iniquity, can be said to reflect widespread practices and ideas. They originated in the Irish and British Churches in the sixth century and spread from there over all of Western Europe, where they remained in use until the twelfth century.

Kings and Knights at Play in Late Medieval and Early Modern Spain

2012 ◽  
Author(s):  
Teofilo F. Ruiz
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Western Europe ◽  
Symbiotic Relationship ◽  
Low Countries ◽  
Early Modern Spain ◽  
Deep Roots ◽  
Late Medieval ◽  
Courtly Culture ◽  
To Come

This chapter examines tournaments. The origins of tournaments in Western Europe can be traced back to classical sources and to a sparse number of references to events that looked like tournaments in the Central Middle Ages. While these early mentions provide interesting glimpses of the genealogy of fictitious combat, it was the twelfth century that truly saw the formal beginnings of these traditions of artificial warfare that would hold such a powerful grip on the European imagination for many centuries to come. Closely tied to courtly culture and in a symbiotic relationship with the great outburst of courtly literature that took place in the twelfth and early thirteenth centuries, the tournament sank deep roots in England, France, the Low Countries, and parts of Germany during the twelfth century, and then developed elaborate rules of engagement and pageantry in succeeding centuries.

On the Latin Sources of Thèbes and Énéas

PMLA ◽  
1901 ◽  
Vol 16 (3) ◽  
pp. 375-387
Author(s):  
F. M. Warren
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Western Europe ◽  
Romantic Love ◽  
Classical Antiquity ◽  
The Middle Ages

The French poems Troie, Thèbes, and Énéas, contemporaneous with one another in the sixth and seventh decades of the twelfth century, have many characteristics in common. They each repeat in a modernized form, and with incidents and details suited to their own age, the story of one of the great epics of classical antiquity, the Iliad, the Thebaid, and the Aeneid. They also combine with this traditional outline of adventure and conquest the narrative of romantic love and courtship, as conceived by Western Europe in the Middle Ages. And finally they each and all show an effort to attain some degree of excellence in style and composition. Thus they form a class by themselves, animated, as they are, by the same spirit and having the same purpose in view, and are the first exponents in the modern tongues of the ideals of chivalry. The sources of these poems, therefore, are an object of unusual interest to the student of mediaeval literature.

A neverending stream : human trafficking in Medieval Europe

2019 ◽  
Author(s):  
◽  
Christopher Paolella
Keyword(s):  
Human Trafficking ◽  
Middle Ages ◽  
Twelfth Century ◽  
Late Antiquity ◽  
Western Europe ◽  
Slave Trade ◽  
Labor Demand ◽  
Sex Industry ◽  
Agricultural Labor ◽  
Long Distance

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT REQUEST OF AUTHOR.] This study focuses on human trafficking patterns from Late Antiquity to the Early Modern Era. I argue that while slavery, as a means of compelling agricultural labor, disappeared across much of Western Europe by the middle of the twelfth century, the commercial sex industry grew. As slavery died out, the slave trade withered across Western Europe and gradually reoriented itself around the Mediterranean basin. Yet, human trafficking networks remained in Western Europe, if in attenuated form. They continued to supply a smaller, but no less persistent, labor demand that was now fueled by brothels and prostitution rings instead of agriculture. I argue further that the experiences of women link the sex trade and the slave trade, and that twelfth-century socio-economic development linked the earlier long-distance slave trade and the local and regional trafficking networks of the later Middle Ages.

Religious Culture and Customary Legal Tradition: Historical Foundations of European Market Development

2015 ◽  
Vol 21 (1-2) ◽  
Author(s):  
Leonard P. Liggio
Keyword(s):  
Middle Ages ◽  
Legal System ◽  
Western Europe ◽  
Eleventh Century ◽  
Nuclear Family ◽  
Direct Consequence ◽  
Customary Law ◽  
Legal Tradition ◽  
Commercial World ◽  
The World

AbstractThis paper traces back the sources of our present legal system and of market economy to Medieval Europe which itself benefited from Hellenistic and Roman legal culture and commercial practices. Roman provinces placed Rome in the wider Greek cultural and commercial world. If Aristotle was already transcending the narrow polis-based conceptions of his predecessors, after him Hellenistic Civilization saw the emergence of a new school of philosophy: Stoicism. The legal thought in the Latin West will hence be characterized by Cicero’s writings and its Stoic sources. The Roman legal system was similar to the later northern European customary law and the English common law; Roman law was evolutionary and customary. The rise of Western individualism, whether it dates back to St. Augustine in the fifth century, or to the two Papal Revolutions of Gregory I (establishing the nuclear family as the core of individualism) and of Gregory VII, also played a crucial role in shaping the western legal tradition. The paper describes the main forces that led to this second (Gregorian) revolution. Monasticism is one of them. Benedictine monasticism plaid a leading role in the Peace of God Movement. Hence collective oath-taking by groups in the name of peace was essential in the founding of cities and in the formation of guilds. Europe’s economic resurgence in the Eleventh Century was on the basis of the creation of the rule of law by the Peace of God movement. This movement also allowed for Europe’s agricultural economy to progress. Indeed, the European Middle Ages is one of the major periods of technological innovation in the history of the world. The Gregorian Revolution itself was supported and financed by the Commercial Revolution: Italian bankers sustained Papal reformers against the Emperors. The independence of the Italian cities and provinces reveals one of the most important consequences of the Gregorian Revolution: the polycentricism of Western Europe. This Revolution also witnessed the first large number of political pamphlets in European history; the Gregorian clergy emphasizing a compact theory of government. Soon after, the order of Cistercians was founded (1098) and underwent spectacular growth during the next two centuries. The Cistercians accepted no rents or labor services from feudal donors but would take only full possession of land to do with it as they wished.These monasteries were the most economically effective units that had ever existed in Europe, and perhaps in the world, before that time. Finally, the Magna Carta (1215) that will be so influential on modern political thought can be seen as a direct consequence of the Gregorian Revolution.

scholarly journals Requirements for an Arbitrator: A Comparative Historical Approach

Lex Russica ◽  
2021 ◽  
pp. 101-111
Author(s):  
D. A. Kalinina
Keyword(s):  
Middle Ages ◽  
Life Experience ◽  
Freedom Of Expression ◽  
Customary Law ◽  
Roman Law ◽  
General Idea ◽  
Significant Feature ◽  
Modern Times ◽  
Historical Comparison ◽  
The Middle Ages

The paper presents a comparative legal and comparative historical analysis of one of the aspects of the institution of the arbitration, namely, the election of an arbitrator. The contractual, non-state nature of arbitration leaves the disputing parties with a wide freedom of expression, including in determining the personality of a mediator or intermediaries in resolving a dispute. The paper focuses on identifying the key features that the disputing parties should pay attention to when choosing an arbitrator (judges). The Roman jurists established comprehensive and justified set of personality traits that an arbitrator should possess in order to maintain the general idea of the conclusiveness of judicial decisions. According to the norms of Roman law, an arbitrator must be a free person, physically healthy, with a developed intellect, with life experience, not tainted by immoral acts, not involved in illegal activities, not interested in a certain outcome of the case. In the Middle Ages, the system of mandatory requirements for a mediator in a dispute was reduced due to the simplification of public relations regulated by customary law, which was reflected in legislative documents. Priority was given to the high social stratum, ethnic and religious conformity of the judge to the disputing persons. In modern times, the freedom of litigants to choose arbitrators is almost absolute, taking into account the tendency to individualize the interests of the parties to the conflict and the inability to take into account all the particular circumstances of various disputes that could affect the choice of an arbitrator. Only when resolving economic disputes, the parties were guided by the judge’s special knowledge, which makes it possible to understand the essence of the property dispute and make a fair decision. The analysis made it possible to identify the continuity of the provisions of Roman law and the requirements imposed on the arbitration intermediary in the Middle Ages and Modern times. Historical comparison revealed a tendency to reduce the number of mandatory features of the candidate for arbitration, which determined the growing importance of the freedom of the disputing parties as the most significant feature of the arbitration court.

Educated Wandering Jews, 800–1250

2012 ◽  
Author(s):  
Maristella Botticini ◽  
Zvi Eckstein
Keyword(s):  
Iberian Peninsula ◽  
Middle Ages ◽  
Western Europe ◽  
Byzantine Empire ◽  
Early Medieval ◽  
Early Middle Ages ◽  
Jewish Diaspora ◽  
Medieval Europe ◽  
Business Opportunities ◽  
Vast Territory

This chapter shows that once the Jews became literate, urban, and engaged in skilled occupations, they began migrating within the vast territory under Muslim rule—stretching from the Iberian Peninsula to India during the eighth through the twelfth centuries, and from the Byzantine Empire to western Europe via Italy and within western Europe in the ninth through the thirteenth centuries. In early medieval Europe, the revival of trade concomitant with the Commercial Revolution and the growth of an urban and commercial economy paralleled the vast urbanization and the growth of trade that had occurred in the Umayyad and Abbasid caliphates four to five centuries earlier. The Jewish diaspora during the early Middle Ages was mainly the outcome of literate Jewish craftsmen, shopkeepers, traders, scholars, teachers, physicians, and moneylenders migrating in search of business opportunities to reap returns on their investment in literacy and education.

Charlemagne, the Carolingian Empire, and Its Successors

2021 ◽  
pp. 468-498
Author(s):  
Rosamond McKitterick
Keyword(s):  
Middle Ages ◽  
Crucial Role ◽  
Western Europe ◽  
Western World ◽  
Administrative System ◽  
Early Medieval ◽  
Early Middle Ages ◽  
Christian Culture ◽  
Carolingian Empire ◽  
Political Units

Both the Christian empire of Charlemagne and the subsequently hugely influential imperial ideology of the early Middle Ages were rooted in the Roman past. This chapter addresses the reality of the early medieval empire and the ways in which it was represented by contemporaries for posterity. It examines the career of Pippin III, the first king of the Carolingian dynasty, and the expansion of the Carolingian Empire under his illustrious son Charlemagne, by both design and chance, to embrace most of western Europe. This vast realm was governed by an elaborate and efficient political and administrative system in which both lay and ecclesiastical magnates played a crucial role. This system of governance was maintained even within the smaller political units of the later ninth, tenth, and eleventh centuries. The Latin Christian culture initially promoted by Charlemagne, moreover, is the most enduring legacy of the medieval empire to the Western world.

Bearing the Stigmata

2020 ◽  
pp. 23-59
Author(s):  
Carolyn Muessig
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Twelfth Century ◽  
Early Medieval ◽  
Early Middle Ages ◽  
Francis Of Assisi

Chapter 1 traces the patristic and early medieval exegesis of Galatians 6:17. It assesses how language and imagery were appropriated and developed by eleventh- and twelfth-century monastic theologians (especially Peter Damian) into a soteriological system of penance and redemption that focused on Christ’s wounds. Significantly, it looks at examples of stigmatization before Francis of Assisi. These cases vary in their form; they gradually move from stigmata being almost exclusively associated with the sacerdotal order in the early Middle Ages to being linked to the laity by the early thirteenth century as with the cases of Peter the Conversus and Mary of Oignies.

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