Law as Profession and Practice in Medieval Europe de Kenneth Pennington

Law as Profession and Practice in Medieval Europe: Essays in Honor of James A. Brundage

Kenneth Pennington

Melodie Harris Eichbauer

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

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Recenzii

'It is thus fitting that Brundage's career to date should be celebrated in this Festschrift, whose editors have assembled a magnificent team of top scholars... The reader wishing to broaden her knowledge of any of the topics - and to read recent work by the top scholars in the field - will find it worthwhile to spend time with this volume. The authors present the complex field of medieval canon law in a way that is accessible to a general audience, a fitting tribute to a scholar who has tried to make medieval canon law accessible to historians with little background in law, lawyers with little background in history, and even to undergraduates.' The Medieval Review 'What unites them all is the strength of the meticulous attention to sources by all the authors... There is, in short, something of interest in this volume for a wide variety of medieval historians and some early modernists as well, and not just those concerned with canon law or even law more generally. Brundage’s own work had an impact over that broad a spectrum of fields, so in that sense too this volume is an apt homage to him.' European History Quarterly

Cuprins

List of Figures, List of Abbreviations, Introduction, Part I. Medieval Legal Thought and Constitutional Ideas, 1. Bishops and Bankers, 2. Defending a Conservative View on Witches: Juan de Torquemada on c. Episcopi [C.26 q.5 c.12], 3. Pope Innocent III and Secular Law, 4. Corporatism, Individualism, and Consent: Locke and Premodern Thought, 5. The Rights of Self-Defence and Justified Warfare in the Writings of the Twelfth- and Thirteenth-Century Canonists, 6. Feudal Oath of Fidelity and Homage, 7. Is the Sea Open or Closed? The Grotius-Selden Debate Renewed, Part II. Schools, the English Church, and Texts, 8. The Sacred Muses and the Twelve Tables: Legal Education and Practice, Latin Philology and Rhetoric, and Roman History, 9. When Did Cambridge Become a Studium generale?, 10. Regulating the Number of Proctors in the English Ecclesiastical Courts: Evidence from an Early Tudor Tract, 11. Collectio Fontanensis: A Decretal Collection of the Twelfth Century for an English Cistercian Abbey, 12. “Deus est procurator fatuorum”: Cloistered Nuns and Equitable Decision-Making in the Court of Chancery, 13. Canon Law as Reflected in the Ecclesiastical History of Orderic Vitalis, 14. Pro Amore Dei: Diplomatic Evidence of Social Conflict During the Reign of King John, Part III. Law, Sex and Marriage, 15. The Mysterious Canonist Bazianus on Marriage, 16. Charlemagne in Hell, 17. Sex and the Romanesque in Occitania-Provence, Part IV.?Law and Crusades, 18. The Templars and Their Legislation, 19. Adhemar of Le Puy, Papal Legate on the First Crusade, Bibliography of James A. Brundage’s Published Works, Index

Descriere

This volume brings together a set of papers by international scholars, distinguished in their own right, in honor of James Brundage. Each contribution corresponds to an important focus of Brundage's own work. The connection between the development of medieval legal thought and constitutional ideas is the theme that marks the first section, while the second centres on the growth of the legal profession. The following papers explore the intersection of law and marriage and finally the influence of legal thinking on the crusading movement.