Audun's Story is the tale of an Icelandic farmhand who buys a polar bear in Greenland for no other reason than to give it to the Danish king, half a world away. It can justly be listed among the finest pieces of short fiction in world literature. Terse in the best saga style, it spins a story of complex competitive social action, revealing the cool wit and finely-calibrated reticence of its three main characters: Audun, Harald Hardradi, and King Svein. The tale should have much to engage legal and cultural historians, anthropologists, economists, philosophers, and students of literature. The...
Audun's Story is the tale of an Icelandic farmhand who buys a polar bear in Greenland for no other reason than to give it to the Danish king, half a w...
The present "revolution" in biological technology is leading lawyers to fundamentally reconsider the laws of human reproduction .What is at stake is not only the transmission of life but also the transmission of a certain order of the things on which society is based. This is the reason why the law has always sought to regulate the transmission of life. Covering themes from Canon and medieval Roman Law to the 1804 'Code civil', the work includes twenty-three articles on the history of law about a number of modern-day questions. They deal with the close connections long maintained between...
The present "revolution" in biological technology is leading lawyers to fundamentally reconsider the laws of human reproduction .What is at stake is n...
The Medieval Church taught that marriage was indissoluble and that consent was the key. Why then could a marriage be dissolved by one spouse joining a religious order after an exchange of consent but before consummation? This question vexed Thirteenth-century academics and, in the fourteenth century, Pope John XXII asked a group of leading theologians and lawyers to study the issue. Position-papers were produced to explain the exception to the rule of indissolubility for chaste monks and nuns, and to explore whether the pope had the power to extend it to celibate priests and deacons. These...
The Medieval Church taught that marriage was indissoluble and that consent was the key. Why then could a marriage be dissolved by one spouse joining a...
This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of "the Session" in the fifteenth century as a judicial sitting of the King's Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This...
This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the deve...
In Cum essem in Constantie, Martin John Cable presents a study of the Padua university jurist Raffaele Fulgosio (Fulgosius) (1367-1427) and his work as an advocate at the Council of Constance in 1414-15. Through the use of archival material and evidence drawn from Fulgosio's works, the book reveals a vivid picture both of teaching practice at a medieval university and the life and output of a working lawyer in early fifteenth-century Italy. The book recreates much of Fulgosio's workload at Constance and his involvement there in debates about representation, imperial and papal power and...
In Cum essem in Constantie, Martin John Cable presents a study of the Padua university jurist Raffaele Fulgosio (Fulgosius) (1367-1427) and his...
A strict definition of kinship - a canonical one - was in introduced in to the Nordic medieval legislation. This replaced a looser definition. According to a canonical definition of kinship - constructed after the Church's incest prohibitions, you were obligated towards all your blood-relatives. This doctrine applies where: 1) The kin group acted as a legal person towards a third party in cases about paying of wergeld, and where the kinsmen collectively took an oath. 2) Rights and obligations between the kindred regulated land transactions either by inheritance, donations or sale. Here the...
A strict definition of kinship - a canonical one - was in introduced in to the Nordic medieval legislation. This replaced a looser definition. Accordi...
This book offers a comprehensive examination of how the Fourth Lateran Council's prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice. It offers a broader understanding of how ideology could penetrate and change jurisprudence firstly by changing the norms, secondly by presupposing new kind of legal institutions. Rather than focusing on pure dogmatics, this investigation will focus on uncovering the ideological character of procedure with...
This book offers a comprehensive examination of how the Fourth Lateran Council's prohibition against trial by ordeal was implemented in Danish secular...
Much research has been done on medieval marriage in the last decades. However, few books have a pronouncedly comparative approach. This book discusses how much was regional and universal in medieval marriage law and practices in Europe. The sources used range from secular and canon law to court practice and from images to private correspondence. Articles discuss medieval and Reformation Belgium, England, France, Germany, Italy, Lithuania, and Sweden. Both marriage formation and marital property, two intertwined aspects, are considered in the articles. The book offers fresh evidence on the...
Much research has been done on medieval marriage in the last decades. However, few books have a pronouncedly comparative approach. This book discusses...
The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning....
The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of...
How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.
How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach d...