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Articles 1 - 24 of 24
Full-Text Articles in Legal History
Emotions In The Early Common Law (C. 1166–1215), John Hudson
Emotions In The Early Common Law (C. 1166–1215), John Hudson
Articles
Beyond dealing with wrongdoing and litigation, law has many other functions. It can be designed to make life more predictable, it can facilitate and promote certain actions, it can seek to prevent disputes by laying down rules, and provide routes to solutions other than litigation should disputes arise. All of these can have connections to matters of emotion. Using both lawbooks and records of cases from the Angevin period, the present article begins by looking at issues of land law rather than crime, and at law outside rather than inside court. It then returns to crime and litigation before exploring …
In Defense Of Revenge, William I. Miller
In Defense Of Revenge, William I. Miller
Book Chapters
One of the risks of studying the Icelandic sagas and loving them, is, precisely, loving them. And what is one loving when one loves them? The wit, the entertainment provided by perfectly told tales? And just how are these entertaining tales and this wit separable from their substance: honor, revenge, individual assertion, and yes, some softer values, too, like peacefulness and prudence? Yet one suspects, and quite rightly, that the softer values are secondary and utterly dependent on being responsive to the problems engendered by the rougher values of honor and vengeance. Is it possible to study the sagas and …
"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.
"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.
Michigan Law Review
A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Michigan Law Review
A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Michigan Law Review
A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau
Trial By Ordeal, Robert C. Palmer
Trial By Ordeal, Robert C. Palmer
Michigan Law Review
A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett
Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher
Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Book Review. The Origins Of Medieval Jurisprudence: Pavia And Bologna, 850-1150 By Charles M. Radding, Richard M. Fraher
Book Review. The Origins Of Medieval Jurisprudence: Pavia And Bologna, 850-1150 By Charles M. Radding, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
The Settlement Of Disputes In Early Medieval Europe, David A. Westrup
The Settlement Of Disputes In Early Medieval Europe, David A. Westrup
Michigan Law Review
A Review of The Settlement of Disputes in Early Medieval Europe Edited by Wendy Davies and Paul Fouracre
Ordeal In Iceland, William I. Miller
Ordeal In Iceland, William I. Miller
Articles
Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
Book Chapters
My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …
Review Of Culture And History In Medieval Iceland, William I. Miller
Review Of Culture And History In Medieval Iceland, William I. Miller
Reviews
It is a common dysfunction of scholars, particularly medieval historians, to fear grand syntheses and all-encompassing explanations. This is less frequently a disease among anthroplogists, and in fact in anthropologists of a structural bent there is no reticence whatsoever, but positive delight in the big, the general, the quasi- and the just plain theoretical. And in the best French tradition they often construct their models per ecartant les faits. Kirsten Hastrup is a structuralist more influenced by Levi-Strauss than Evans-Pritchard; she is also a trained anthropologist. This is both good and bad news. The Icelandic materials are as well suited …
Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller
Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller
Articles
An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Books
This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …
Mourir Pour La Patrie : Et Autres Textes, Laurent Mayali, Ernst Kantorowicz
Mourir Pour La Patrie : Et Autres Textes, Laurent Mayali, Ernst Kantorowicz
Laurent Mayali
No abstract provided.
The Feudal Framework Of English Law, Robert C. Palmer
The Feudal Framework Of English Law, Robert C. Palmer
Michigan Law Review
A Review of The Legal Framework of English Feudalism by S.F.C, Milsom
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Michigan Law Review
A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt
Book Review. De Legibus Et Consuetudinibus Angliae, Morris S. Arnold
Book Review. De Legibus Et Consuetudinibus Angliae, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Michigan Law Review
A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard
Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.
Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.
Michigan Law Review
The Right Reverend William Stubbs, D.D. (1825-1901), was the Anglican Bishop of Oxford, sometime Regius Professor of Modern History at Oxford, and a scholar of considerable repute. His Constitutional History of England was, until quite recently, the standard work in the field, and his editions of texts for the Rolls Series leave no doubt that he spent long hours ·with basic source material. Frederic William Maitland, M.A. (1850-1906), was an agnostic, the Downing Professor of the Laws of England at Cambridge, and a scholar whose reputation during his life was perhaps not so wide as Stubbs' but whose work commanded …
Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green
Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green
Reviews
Slowly but surely the history of English criminal law is being rewritten. Abundant monographs, articles and introductions to texts have appeared in the past couple of decades; many more are on the way. Work has gone ahead on the substantive law of crimes, on the procedures of the criminal law and its institutions andmore tentatively-on the social history of English criminal law. While medievalists have led the way, work is now being undertaken by early modern and modern historians as well.
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Faculty Scholarship
No abstract provided.