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Vernacular Law

Writing and the Reinvention of Customary Law in Medieval France

Specificaties
Gebonden, 429 blz. | Engels
Cambridge University Press | e druk, 2022
ISBN13: 9781009217897
Rubricering
Juridisch :
Cambridge University Press e druk, 2022 9781009217897
Onderdeel van serie Studies in Legal His
Verwachte levertijd ongeveer 9 werkdagen

Samenvatting

Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.

Specificaties

ISBN13:9781009217897
Taal:Engels
Bindwijze:Gebonden
Aantal pagina's:429

Inhoudsopgave

Introduction: vernacular writing and the transformation of customary law in Medieval France; Part I. Written Custom and the Formation of Vernacular Law: 1. What is custom? Concept and literary practice; 2. Composing customary law as a vernacular law; 3. Writing a 'ius non scriptum': writtenness, memory and change; Part II. Political and Intellectual Tensions: 4. Uneasy jurisdictions: lay and ecclesiastical law; 5. Roman law, authority and creative citation; Part III. Implications: 6. Custom in lawbooks and records of legal practice; 7. Dynamic text: dialectic, manuscript culture and customary law; 8. Implications of circulating text: crafting a French common law; Conclusion: lasting model and professional community; Bibliography; Index.

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        Vernacular Law