scholarly journals Myths of the state in the West European Middle Ages

1972 ◽  
Vol 6 ◽  
pp. 160-169
Author(s):  
Lennart Ejerfeldt

In the first centuries of the barbarian kingdoms the most striking feature is the gens, the tribe, as the principle of unity, even if the ethnic homogeneity often was missing. The myth of the Germanic State of the early Middle Ages was in the first place a myth of the common origin of the gens.These histories of tribal origins have some times been influenced by powerful Ancient literary patterns, especially the Trojan myth of Virgil. But the concern of presenting the origin of the gens in mythical form is no doubt Germanic. And it seems probable that the tribal origins are more ancient than the genealogies of royal families with alleged divine ancestors. The kingship among the Germanic tribes was secondary in relation to the tribe. The king was rex Francorum; the king of a certain country or geographic territory is a later conception. The power comes from below; the king is an exponent of the tribe. All the Germanic words for "king" are derivations from terms for "kin, people, tribe." The limitation of the power of the king is also indicated by institutions like the right to resistence, the possibility to depose the king, the participation by all free men in the judicial and criminal procedure through self-help and blood feud.

Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


2021 ◽  
Author(s):  
Kathryn Kost ◽  
◽  
Isaac Maddow-Zimet ◽  
Ashley C. Little

Key Points In almost all U.S. states, pregnancies reported as occurring at the right time or being wanted sooner than they occurred comprised the largest share of pregnancies in 2017, though proportions varied widely by state. The proportion of pregnancies that were wanted later or unwanted was higher in the South and Northeast than in other regions, and the proportion of pregnancies that occurred at the right time or were wanted sooner was higher in the West and Midwest. From 2012 to 2017, the wanted-later-or-unwanted pregnancy rate fell in the majority of states. However, no clear pattern emerged for any changes in the rate of pregnancies that were reported as wanted then or sooner or in the rate of those for which individuals expressed uncertainty.


Author(s):  
M. O. Dadashev

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.


On Hospitals ◽  
2020 ◽  
pp. 59-79
Author(s):  
Sethina Watson

The consistency of the character of hospitals in law, as observed in Chapter 2, suggests a customary legal inheritance that preceded classical canon law. Part II turns now to the early middle ages to discover that inheritance. This chapter begins that process by unpicking the long-held model of the early medieval hospital. It surveys the many hypotheses for the origins of hospital law in the West, which claim that hospital law adopted from the East and accommodated via Frankish councils. The chapter confronts the latter of these claims and re-examines its twin pillars: a legal formula of ‘murderers of the poor’ (necator pauperum) and a hospital reform at Aachen (816). The first hinges on the council of Orléans (549), whose efforts were aimed at one royal foundation, King Childebert and Queen Ultrogotha’s xenodochium at Lyons. The council of Aachen’s (816) rules for canons and canonesses prescribed a way of common life for these religious, with different facilities for each for the poor. The chapter argues that the efforts of both councils were singular, and carefully circumscribed. Frankish councils were not to take an interest in xenodochia until c.850. Legal initiatives regarding hospitals began elsewhere.


1976 ◽  
Vol 11 (4) ◽  
pp. 516-562 ◽  
Author(s):  
Barry Feinstein

Dean Acheson frankly reconfirmed the right of self-preservation, when he asserted, “…law simply does not deal with … questions of ultimate power—power that comes close to the sources of sovereignty…. No law can destroy the state creating the law. The survival of states is not a matter of law”. It is beyond the law.Given the existence of man's elementary loyalty to autonomous states, the necessity for using force springs from the need of states to depend fundamentally on self-help in order to guarantee their survival and welfare. This search for security in a system of politics without government, forces the state to be dependent upon military self-help.


1983 ◽  
Vol 15 (1) ◽  
pp. 73-80
Author(s):  
Vernon W. Ruttan

The productivity of modern agriculture is the result of a remarkable fusion of technology and science. In the West this fusion was built on ideological foundations that, from the early Middle Ages, have valued both the improvement of material well-being and the advancement of knowledge.


Traditio ◽  
1976 ◽  
Vol 32 (1) ◽  
pp. 145-184 ◽  
Author(s):  
John M. McCulloh

Late antiquity and the early Middle Ages witnessed a change in the Christian attitude toward the remains of the saints. Holy bodies came to be treated less and less as normal corpses, worthy of special veneration but still subject to many of the laws and customs which had regulated the treatment of human remains in pagan Antiquity. They came rather to be viewed as cult objects which could be moved or even divided up according to the demands of religion with little regard for earlier prohibitions of these practices. This change occurred relatively early in the Greek, eastern portion of the Roman Empire. In the mid-fourth century the Caesar Gallus translated a saint's body from one tomb to another, and less than two centuries later Justinian asked Pope Hormisdas for portions of the bodies of the apostles. Despite some outstanding exceptions such as the translations performed by St. Ambrose, the Christians of the West were more conservative in these matters. Nevertheless, by the ninth century at the very latest, western Christians had followed the lead of the eastern church in both translating and dismembering holy bodies.


Author(s):  
V.K. Khilchevskyi

A survey study of the general hydroecological status of the historical small rivers of the same name Lybed and Pochayna, known since the Middle Ages (10th-11th centuries) in the Dnieper basin in Ukraine and in the Volga basin in the Russian Federation (RF), has been carried out. These rivers, many centuries ago, were natural objects around which cities formed, and in our time they turned out to be “absorbed” by cities. The state of six small rivers was analyzed: Lybed and Pochayna – tributaries of the Dnieper, Kiev, Ukraine; Lybed and Pochayna – Klyazma tributaries (Volga basin), Vladimir, Russia; Lybed – a tributary of the Oka (Volga basin), Ryazan, Russia; Pochayna – a tributary of the Volga, Nizhny Novgorod, Russia. According to hydromorphological indicators of the state of the rivers (catchment area and water content), the studied ones relate to rivers of very small size and very low water content. A significant part of the channel of these rivers is enclosed in a reservoir (41-100%). The hydroecological condition of these rivers is unsatisfactory, water is prone to pollution. The Pochaina River – a tributary of the Dnieper in Kiev (Ukraine) and the Pochaina River – a tributary of the Volga in Nizhny Novgorod (RF) turned into lost natural heritage sites. Given the involvement in urban infrastructure, the morphometric parameters of the six rivers considered are the greatest prerequisites for being more or less revitalized in the river Lybed – the right tributary of the Dnieper in Kiev (Ukraine).


Author(s):  
Albrecht Diem

This article analyzes the different textual techniques that, by marginalizing female religious life, have created the common perception that female monasticism was a mere variant of a dominant male monastic model. As a counter to that common perception, I examine what female and male monasticism shared in the early middle ages, and I ask to what extent we can regard medieval monastic life as a sequence of unisex experiments, that is, experiments of communal religious life that were not predominantly determined by the gender of practitioners. I then show that many central aspects of medieval monasticism were more rooted in concepts derived from female religious life than from male traditions, especially male traditions derived from desert eremeticism. Figuratively spoken, the first “medieval monk” may have been a nun.


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