XXIII.—The Thirteenth Century Legal Attitude Toward Woman in Spain

PMLA ◽  
1921 ◽  
Vol 36 (3) ◽  
pp. 492-507 ◽  

The chief source of information concerning the legal attitude toward woman in the thirteenth century is the Código de las Siete Partidas, compiled during the reign of Alfonso X, and representing an attempt to bring order out of the legal chaos then existent and to substitute a general code for the local fueros. The few generalities to be made about the compilation itself can be summed up briefly.As to the sources, Martínez Marina states that Roman laws—Decretals, Digest, Code, Pandects—were used, and complains that in the first and fourth Partidas the laws of the Gothic codes and the municipal fueros were omitted, and Castilian customs were disregarded. The identity of the authors is open to question, although they were undoubtedly selected from the leading jurisconsults of the day. Ureña calls attention to the marked development in the use of a legal terminology in Spanish which is substituted for Latin, previously the language of the law.

2013 ◽  
Vol 69 (3) ◽  
pp. 391-400 ◽  
Author(s):  
John F. Schwaller

In studying the nuances of any legal term from the colonial period in Latin America it is always good to have recourse to the Siete Partidas, the compilation of royal law promulgated, and some say written, by the famous thirteenth-century Castilian monarch, Alfonso X, often called “The Wise.”


2017 ◽  
Vol 40 (2) ◽  
pp. 92
Author(s):  
Adriana Vidotte ◽  
Adaílson José Rui

Resumo: O processo de sucessão de Afonso X, o Sábio, rei de Leão e Castela entre os anos de 1252 e 1284, foi controversa e colocou em questão a legitimidade do poder de seus sucessores. Esse processo, que se prolongou no tempo, será analisado por meio de um estudo dos relatos contidos na Crónica del Rey Don Alfonso Décimo, escrita durante o reinado de Afonso XI (1312-1350), e das leis da Siete Partidas, código jurídico elaborado no século XIII sob a direção de Afonso X. Por meio do estudo e da confrontação das fontes analisaremos, por um lado, uma teoria sobre o poder régio e a sucessão ao trono, e por outro, uma prática que buscava manter a unidade do reino e a afirmar da legitimidade do poder dos monarcas.Abstract: The succession process of Alfonso X, the Wise, King of León and Castile between the years 1252 and 1284, was controversial and brought into question the legitimacy of his successors’ power. This process, which extended in time, will be analyzed through a study of the reports contained in the Crónica del Rey Don Alfonso the Tenth, written during the reign of Alfonso XI (1312-50), and of the laws of Siete Partidas, legal code made in the thirteenth century under the direction of Alfonso X. Through the study and confrontation of sources, on the one hand, we will analyse a theory of the royal power and the succession to the throne and, on the other, a practice that sought to maintain the unity of the kingdom and to affirm the legitimacy of the power of the monarchs.


2013 ◽  
Vol 69 (03) ◽  
pp. 391-400
Author(s):  
John F. Schwaller

In studying the nuances of any legal term from the colonial period in Latin America it is always good to have recourse to the Siete Partidas, the compilation of royal law promulgated, and some say written, by the famous thirteenth-century Castilian monarch, Alfonso X, often called “The Wise.”


Author(s):  
Steven N. Dworkin

This short anthology contains extracts from three Castilian prose texts, one from the second half of the thirteenth century (General estoria IV of Alfonso X the Wise), one from the first half of the fourteenth century (El conde Lucanor of don Juan Manuel), and one from near the mid-point of the fifteenth century (Atalaya de las corónicas of Alfonso Martínez de Toledo, Arcipreste de Talavera). These passages illustrate in context many of the phonological, orthographic, morphological, syntactic, and lexical features of medieval Hispano-Romance described in the body of this book. A linguistic commentary discussing relevant forms and constructions, as well as the meaning of lexical items no longer used or employed with different meanings in modern Spanish, with cross references to the appropriate sections in the five main chapters, accompanies each selection.


2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz

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


Traditio ◽  
1964 ◽  
Vol 20 ◽  
pp. 179-317 ◽  
Author(s):  
J. A. Watt

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.


1995 ◽  
Vol 40 (159) ◽  
pp. 545
Author(s):  
Ana Beatriz Frazão Ribeiro
Keyword(s):  

Alfonso X, o sábio, monarca castelhano do século XIII. patrocinou uma produção intelectual de grande envergadura em todos os campos do conhecimento. No grupo de obras políticas, destaca-se como sua produção mais importante 'Las Siete Partidas'. Influenciada pelo Direito Romano, esta obra visa constituir um código legal com amplitude superior aos antigos fueros locais. Objetivamos estudar como 'Las Siete Partidas' desvelam as aspirações políticas do Rei Sábio, ou seja, o reforço do poder real, sua autoridade como monarca, através da elaboração de uma linha teórica que vise a coesão das leis.


2019 ◽  
Vol 2 (4) ◽  
pp. 307
Author(s):  
Hasan Şehmuz Haştemoğlu ◽  
Engin Kepenek

The Mevlevism order was established in the Seljuk period in Anatolia in the thirteenth century. After the death of Mevlana Celaleddin-i Rumi, his son Sultan Veled systemized his father's thoughts and created his own rules and brought the rituals to a ceremony in the form of sema ceremonies. Sultan Veled gave the name “Mevlevism” to his sect and was called “Mevlevihan” to his Dervish Houses. Nearly 140 Mevlevihane building was established in a wide geography which its east is in Tabriz (Iran), west is in Pecu (Hungary), north is in Gözleve (Ukraine), South is in Cairo (Egypt) and Mecca in Saudi Arabia. Nearly 80 of these Dervish Houses remained in the Republic of Turkey. After the declaration of Turkish Republic, these Dervish Houses were closed in 1925 by the law of “closure Tekkes and Zaviyes”, no. 677. There are two kinds of Mevlevihan, which are “Asitane” and “Zaviye”. Mevlevihan called Asitane are the main Dergahs which are full-fledged and has removing “ordeal” possibilities. The number of Asitane constructions is around 15 in all Mevlevihan buildings. Another Mevlevihan building is Zaviye. Zaviye were ruled by Mevlevi, who has the title of “şeyh” and “dede”. Many of the Mevlevihan become a historical monument because of their architectural style and construction date. However, most of these structures have been ruined over the years. Apart from a small number of Mevlevihan, which was established as "Külliye", "Semahane" parts of these Mevlevihan were used as mosques and remained up to date. When the architectural programs of the Mevlevihans are examined, it is seen that the Mevlevihans, which were settled down in 13th century have an architectural program after the 16th century and they take Konya Mevlana Dergah as an example. However, it is not possible to mention about same sized and specified spaces in all the Mevlevihans. There are similar sections only in the large- scale Mevlevihans which are “Asitane” status. In this study, an evaluation and classification study was carried out on the architectural formation of the Mevlevihans one of the Dervish constructions in Islamic architecture which attracted attention with its wide geography.


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