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Islands of Transnational Governance

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0010
Subject:
Political Science, Comparative Politics

The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ... More


Medieval Incest Law—Theory and Practice

Elizabeth Archibald

in Incest and the Medieval Imagination

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198112099
eISBN:
9780191708497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198112099.003.0002
Subject:
Literature, Early and Medieval Literature

This chapter presents an overview of the development of medieval incest law, in relation to biblical teaching and Greco-Roman law. It raises questions about the rationale for a system of taboos that ... More


Servitude Doctrine in Early Law

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0003
Subject:
Law, Environmental and Energy Law

Water rights in England developed first through the application of title and nuisance actions to land-use disputes, and then by the adaptation of Roman law doctrine as lawyers categorized the results ... More


Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages

Theodor Meron

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258117
eISBN:
9780191681790
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258117.001.0001
Subject:
Law, Public International Law

Shakespeare's Henry V has traditionally been acclaimed for its impressive depiction of the psychological and political impact of warfare, and it remains one of the most widely-discussed plays in the ... More


The Property

Alexander Murray

in Suicide in the Middle Ages: Volume ii: The Curse on Self-Murder

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198207313
eISBN:
9780191677625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198207313.003.0003
Subject:
History, European Medieval History, Social History

This chapter examines the handling of the property of the one who committed suicide. As far as can be divined from the treatment of a suicide's property, it examines by whom suicide was conceived to ... More


The Sources of Medieval Learned Law

Harry Dondorp and Eltjo J H Schrage

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0011
Subject:
Law, Legal History

This chapter presents the sources and editions of medieval learned law. As well as guidance on the texts, it offers advice on how to approach the study in more general terms. It draws on and updates ... More


From England to France: Felony and Exile in the High Middle Ages

William Chester Jordan

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691164953
eISBN:
9781400866397
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691164953.001.0001
Subject:
History, World Medieval History

At the height of the Middle Ages, a peculiar system of perpetual exile— or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out ... More


Towards the Medieval Law of Hypothec

Paul J du Plessis

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0017
Subject:
Law, Legal History

This chapter makes a modest contribution to modern understanding of the law of hypothec by investigating a single aspect of this legal institution and its transmission into medieval learned law. The ... More


The Law of Slavery and the European Ius Commune

R.H. Helmholz

in The Legal Understanding of Slavery: From the Historical to the Contemporary

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660469
eISBN:
9780191745508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660469.003.0003
Subject:
Law, Human Rights and Immigration, Legal History

This chapter explores the ways slavery was defined in the medieval and early modern ius commune. It studies some of the consequences of that definition of slavery for men and women in Europe. It ... More


An Insular Tradition of Ecclesiastical Law: Fifth to Eighth Century

Roy Flechner

in Anglo-Saxon/Irish Relations before the Vikings

Published in print:
2009
Published Online:
January 2012
ISBN:
9780197264508
eISBN:
9780191734120
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264508.003.0002
Subject:
History, European Medieval History

This chapter examines the immediate background of the emergence of the highly influential insular canonical collections and investigates the way they relate to the earliest canonical texts compiled ... More


‘Go and Look in the Latin Books’: Latin and the Vernacular in Medieval Wales

Paul Russell

in Latin in Medieval Britain

Published in print:
2017
Published Online:
September 2017
ISBN:
9780197266083
eISBN:
9780191851476
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266083.003.0010
Subject:
History, British and Irish Medieval History

In one form or another Latin and Welsh have coexisted and interacted in Wales from the Roman period onwards: whether in the quasi-charters of the Lichfield/Llandeilo Gospels, Braint Teilo ‘The ... More


The Creation of the Ius Commune: From Casus to Regula

John W. Cairns and Paul J. du Plessis

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.001.0001
Subject:
Law, Legal History

This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of ... More


Speaking Treason

David Cressy

in Dangerous Talk: Scandalous, Seditious, and Treasonable Speech in Pre-Modern England

Published in print:
2010
Published Online:
October 2011
ISBN:
9780199564804
eISBN:
9780191701917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564804.003.0003
Subject:
History, British and Irish Early Modern History, Cultural History

This chapter discusses the medieval law of treason and its development up to the mid-16th century, reviewing case histories from the reign of Henry VI to the reign of Philip and Mary, with extended ... More


The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules?

Jan Hallbeek

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0018
Subject:
Law, Legal History

This chapter investigates the way in which developments in medieval learned law contributed to the formation of a more general doctrine on the ignorant seller's liability for latent defects, as far ... More


4. The Substantive Law of Torts

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0005
Subject:
Law, Law of Obligations, Legal History

This chapter begins with a discussion of how the substantive law of torts in the Middle Ages was inherently messy, mainly because the law of torts always responds retrospectively to alleged ... More


The making of marriage in fifteenth-century Valencia: canon law, civil law and community opinion

Dana Wessell Lightfoot

in Women, dowries and agency: Marriage in fifteenth-century Valencia

Published in print:
2013
Published Online:
May 2014
ISBN:
9780719089466
eISBN:
9781781706633
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719089466.003.0002
Subject:
History, Social History

This chapter gives a brief history of the city from its conquest from the Muslims in 1238 to its rapid rise as the centre of the Crown of Aragon, the wider polity of which it was a part. It then ... More


8. Trespass, Case, and the Moral Basis of Liability

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0009
Subject:
Law, Law of Obligations, Legal History

This chapter shows how central to the later medieval law of torts was the division between the action of trespass and action on the case. The former lay for invasive interferences to land, goods, or ... More


Thomas Littleton

in Shaping the Common Law: From Glanvill to Hale, 1188-1688

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757140
eISBN:
9780804779593
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757140.003.0004
Subject:
Law, Legal History

This chapter focuses on Sir Thomas Littleton and his book, Tenures. Littleton's arrangement of the tenures and the estates of medieval English law passed into the entire literature of the law and the ... More


Women, dowries and agency: Marriage in fifteenth-century Valencia

Dana Wessell Lightfoot

Published in print:
2013
Published Online:
May 2014
ISBN:
9780719089466
eISBN:
9781781706633
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719089466.001.0001
Subject:
History, Social History

This book examines labouring-status women in late medieval Valencia as they negotiated the fundamentally defining experience of their lives: marriage. Through the use of notarial records and civil ... More


Conclusion

Dana Wessell Lightfoot

in Women, dowries and agency: Marriage in fifteenth-century Valencia

Published in print:
2013
Published Online:
May 2014
ISBN:
9780719089466
eISBN:
9781781706633
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719089466.003.0008
Subject:
History, Social History

The conclusion to this monograph re-emphasizes the role of socio-economic status and immigration on the manoeuvrability of labouring-status women in terms of marriage and the law. It highlights how ... More


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