Felony and the Guilty Mind in Medieval England

Felony and the Guilty Mind in Medieval England
Author: Elizabeth Papp Kamali
Pages: 350
ISBN: 9781108498791
Available:
Release: 2019-08
Editor: Cambridge University Press
Language: en

Explanation of the Book:

Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

Felony and the Guilty Mind in Medieval England

Felony and the Guilty Mind in Medieval England
Author: Elizabeth Papp Kamali
Pages: 352
ISBN: 1108712746
Available:
Release: 2020-07-09
Editor: Cambridge University Press
Language: un

Explanation of the Book:

This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.

Arthur in Early Welsh Poetry

Arthur in Early Welsh Poetry
Author: Nerys Ann Jones
Pages: 248
ISBN: 9781781889084
Available:
Release: 2019-07-12
Editor: MHRA
Language: en

Explanation of the Book:

For over a thousand years, Arthur has had widespread appeal and influence like no other literary character or historical figure. Yet, despite the efforts of modern scholars, the earliest references to Arthurian characters are still shrouded in uncertainty. They are mostly found in poetic texts scattered throughout the four great compilations of early and medieval Welsh literature produced between 1250 and 1350. Whilst some are thought to predate their manuscript sources by several centuries, many of these poems are notoriously difficult to date. None of them are narrative in nature and very few focus solely on Arthurian material but they are characterised by an allusiveness which would have been appreciated by their intended audiences in the courts of princes and noblemen the length and breadth of Wales. They portray Arthur in a variety of roles: as a great leader of armies, a warrior with extraordinary powers, slayer of magical creatures, rescuer of prisoners from the Otherworld, a poet and the subject of prophecy. They also testify to the possibility of lost tales about him, his father, Uthr, his son, Llachau, his wife, Gwenhwyfar, and one of his companions, Cai, and associate him with a wide array of both legendary and historical figures. Arthur in Early Welsh Poetry, the fourth volume in the MHRA Library of Medieval Welsh Literature series, provides discussion of each of the references to Arthurian characters in early Welsh poetic sources together with an image from the earliest manuscript, a transliteration, a comprehensive edition, a translation (where possible) and a word-list. The nine most significant texts are interpreted in more detail with commentary on metrical, linguistic and stylistic features.

Maintenance in Medieval England

Maintenance in Medieval England
Author: Jonathan Rose
Pages: 200
ISBN: 9781107043985
Available:
Release: 2017-06-22
Editor: Cambridge University Press
Language: en

Explanation of the Book:

Identifying for the first time the true nature of maintenance, this study uses primary sources to reach new findings on its lawfulness.

Chivalry in Medieval England

Chivalry in Medieval England
Author: Nigel Saul
Pages: 438
ISBN: 0674063686
Available:
Release: 2011-10-15
Editor: Harvard University Press
Language: en

Explanation of the Book:

Popular views of medieval chivalry—knights in shining armor, fair ladies, banners fluttering from battlements—were inherited from the nineteenth-century Romantics. This is the first book to explore chivalry’s place within a wider history of medieval England, from the Norman Conquest to the aftermath of Henry VII’s triumph in the Wars of the Roses.

The Medieval Way of War

The Medieval Way of War
Author: Gregory I. Halfond
Pages: 348
ISBN: 9781472419606
Available:
Release: 2015-03-28
Editor: Ashgate Publishing, Ltd.
Language: en

Explanation of the Book:

Few historians have argued so forcefully or persuasively as Bernard S. Bachrach for the study of warfare as not only worthy of scholarly attention, but demanding of it. In his many publications Bachrach has established unequivocally the relevance of military institutions and activity for an understanding of medieval European societies, polities, and mentalities. In so doing, as much as any scholar of his generation, he has helped to define the status quaestionis for the field of medieval military history. The Medieval Way of War: Studies in Medieval Military History in Honor of Bernard S. Bachrach pays tribute to its honoree by gathering in a single volume seventeen original studies from an international roster of leading experts in the military history of medieval Europe. Ranging chronologically from Late Antiquity through the Later Middle Ages (ca. AD 300-1500), and with a broad geographical scope stretching from the British Isles to the Middle East, these diverse studies address an array of critical themes and debates relevant to the conduct of war in medieval Europe. These themes include the formation and implementation of military grand strategies; the fiscal, material, and administrative resources that underpinned the conduct of war in medieval Europe; and religious, legal, and artistic responses to military violence. Collectively, these seventeen studies embrace the interdisciplinarity and topical diversity intrinsic to Bachrach’s research. Additionally, they strongly echo his conviction that the study of armed conflict is indispensable for an accurate and comprehensive understanding of medieval European history.

Law in Common

Law in Common
Author: Tom Johnson
Pages: 320
ISBN: 9780191088476
Available:
Release: 2019-12-12
Editor: Oxford University Press
Language: en

Explanation of the Book:

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of 'legal pluralism'. Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four 'local legal cultures' - in the countryside, in forests, in towns and cities, and in the maritime world- that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. Johnson then turns to examine 'common legalities', widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through legality.

Stones of Hope

Stones of Hope
Author: Lucie White,Jeremy Perelman
Pages: 249
ISBN: 9780804769204
Available:
Release: 2011
Editor: Stanford University Press
Language: en

Explanation of the Book:

Stones of Hope shows how African human rights activists have opened new possibilities for justice in the everyday lives of the world's most impoverished peoples.

The French of Medieval England

The French of Medieval England
Author: Thelma S. Fenster,Carolyn P. Collette
Pages: 340
ISBN: 9781843844594
Available:
Release: 2017
Editor: Boydell & Brewer
Language: en

Explanation of the Book:

Essays on the complexity of multilingualism in medieval England.

Taming the Past

Taming the Past
Author: Robert W. Gordon
Pages: 444
ISBN: 9781107193239
Available:
Release: 2017-06-30
Editor: Cambridge University Press
Language: en

Explanation of the Book:

Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.

Forensic Medicine and Death Investigation in Medieval England

Forensic Medicine and Death Investigation in Medieval England
Author: Sara M. Butler
Pages: 312
ISBN: 9781317610250
Available:
Release: 2014-08-21
Editor: Routledge
Language: en

Explanation of the Book:

England has traditionally been understood as a latecomer to the use of forensic medicine in death investigation, lagging nearly two-hundred years behind other European authorities. Using the coroner's inquest as a lens, this book hopes to offer a fresh perspective on the process of death investigation in medieval England. The central premise of this book is that medical practitioners did participate in death investigation – although not in every inquest, or even most, and not necessarily in those investigations where we today would deem their advice most pertinent. The medieval relationship with death and disease, in particular, shaped coroners' and their jurors' understanding of the inquest's medical needs and led them to conclusions that can only be understood in context of the medieval world's holistic approach to health and medicine. Moreover, while the English resisted Southern Europe's penchant for autopsies, at times their findings reveal a solid understanding of internal medicine. By studying cause of death in the coroners' reports, this study sheds new light on subjects such as abortion by assault, bubonic plague, cruentation, epilepsy, insanity, senescence, and unnatural death.

Priests of the Law

Priests of the Law
Author: Thomas J. McSweeney
Pages: 304
ISBN: 9780198845454
Available:
Release: 2019-11-21
Editor: Oxford University Press, USA
Language: en

Explanation of the Book:

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.

Law and Society in Later Medieval England and Ireland

Law and Society in Later Medieval England and Ireland
Author: Travis R. Baker
Pages: 280
ISBN: 9781317107767
Available:
Release: 2017-09-22
Editor: Routledge
Language: en

Explanation of the Book:

Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.

Pirates and Publishers

Pirates and Publishers
Author: Fei-Hsien Wang
Pages: 368
ISBN: 9780691195414
Available:
Release: 2019-10-01
Editor: Princeton University Press
Language: en

Explanation of the Book:

A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.

Fields Fens and Felonies

Fields  Fens and Felonies
Author: Gregory J Durston
Pages: 736
ISBN: 9781909976115
Available:
Release: 2016-12-09
Editor: Waterside Press
Language: en

Explanation of the Book:

A new work on Crime and Punishment in East Anglia (and elsewhere) during the eighteenth century. It was a time of highwaymen, footpads and desperate petty offenders, draconian penalties, extremes of wealth and poverty, corruption and rough and emerging forms of justice. The contents include justices of the peace, policing, crimes, courts and judges as well as such matters as summary trial and disposal, jury trial, execution (and reprieve), a variety of offences including murder (and other homicides), violence and sexual offences, smuggling, poaching, property crimes, riots and disturbances. The book also looks at the various hierarchies that existed whether social, legal, judicial, religious, military or otherwise so as to exert a variety of social controls at a time of relative lawlessness. A fascinating and statistically absorbing account of crimes, responses and penal outcomes of the era. Neither a micro-history in the context of a parish, hundred, or small town nor national account, but a more unusual criminal justice history of a major English region with its own correlation with London and the rest of England in addition to its local differences and ‘quirks’.

Armed with Swords Scales

Armed with Swords   Scales
Author: Sascha Auerbach
Pages: 336
ISBN: 9781108491556
Available:
Release: 2021-02-28
Editor: Cambridge University Press
Language: en

Explanation of the Book:

Explores how local courtrooms have been a common feature of everyday life and culture since the eighteenth century.

Victorian Political Culture

Victorian Political Culture
Author: Angus Hawkins
Pages: 428
ISBN: 9780198728481
Available:
Release: 2015
Editor: Oxford University Press, USA
Language: en

Explanation of the Book:

Victorian Britain is often described as an age of dawning democracy and as an exemplar of the modern Liberal state; yet a hereditary monarchy, a hereditary House of Lords, and an established Anglican Church survived as influential aspects of national public life with traditional elites assuming redefined roles. After 1832, constitutional notions of 'mixed government' gradually gave way to the orthodoxy of 'parliamentary government', shaping the function and nature of political parties in Westminster and the constituencies, as well as the relations between them. Following the 1867-8 Reform Acts, national political parties began to replace the premises of 'parliamentary government'. The subsequent emergence of a mass male electorate in the 1880s and 1890s prompted politicians to adopt new language and methods by which to appeal to voters, while enduring public values associated with morality, community and evocations of the past continued to shape Britain's distinctive political culture. This gave a particularly conservative trajectory to the nation's entry into the twentieth century. This study of British political culture from the late eighteenth to the early twentieth century examines the public values that informed perceptions of the constitution, electoral activity, party partisanship, and political organization. Its exploration of Victorian views of status, power, and authority as revealed in political language, speeches, and writing, as well as theology, literature, and science, shows how the development of moral communities rooted in readings of the past enabled politicians to manage far-reaching change. This presents a new over-arching perspective on the constitutional and political transformations of the Victorian age.

Women in the Medieval Common Law c 1200 1500

Women in the Medieval Common Law c 1200   1500
Author: Gwen Seabourne
Pages: 176
ISBN: 9781134775903
Available:
Release: 2021-04-06
Editor: Routledge
Language: en

Explanation of the Book:

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

Mandeville s Medieval Audiences

Mandeville s Medieval Audiences
Author: Rosemary Tzanaki
Pages: 318
ISBN: 9781351920179
Available:
Release: 2017-07-05
Editor: Routledge
Language: en

Explanation of the Book:

The so-called travels of Sir John Mandeville to the Holy Land, India and Cathay were immensely popular throughout Europe during the late medieval period and were translated into nine different languages. This is a detailed study of the audiences of Mandeville's Book, with particular emphasis on its reception in England and France from the time the Book appeared in the 1350s to the mid-16th century. The multiple ways in which audiences interpreted the work, depending on wider social and cultural contexts, are analysed thematically, under the headings of pilgrimage, geography, romance, history and theology, and contrasted with what can be learned of the author's intentions. The book is well-illustrated with images taken from both manuscript and early printed editions: in her study of these and the marginal notes, Rosemary Tzanaki shows their importance for seeing what readers found of interest. Her analysis makes a significant contribution to our understanding of how people in medieval Europe perceived the outside world.

Town Courts and Urban Society in Late Medieval England 1250 1500

Town Courts and Urban Society in Late Medieval England  1250 1500
Author: Richard Goddard,Teresa Phipps
Pages: 263
ISBN: 1783274255
Available:
Release: 2019
Editor: Unknown
Language: en

Explanation of the Book:

First full analysis of the rich records surviving from medieval English town courts.