Medieval Law
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Recent papers in Medieval Law
As part of the historical landscape of the Transylvanian voivodat, the medieval road system benefits of scattered details and general information that scholars can use when attempting at its reconstruction. While the overall situation... more
In his Lex Castrensis, the twelfth-century Danish writer Sven Aggesen tells the story of the creation of a law that he attributes to Knútr inn ríki (Cnut the Great) as a means of governing his substantial military following of retainers,... more
Testaments in Lübeck Law. Exemplified with the practice of Elbing from the 15th to the early 16th c. The article presents the practice of making testaments in towns governed by the Lübeck Law, illustrated with the mediaeval Elbląg... more
This is an attempt to make sense of my thoughts so far on the nature of customary law. It is very much a draft and I would, as always, be grateful for comments and advice. I have left out footnotes and bibliography, but can supply... more
Mittelalter. Ausgewählte Quellen zur deutschen Geschichte des Mittelalters 31 (Darmstadt 1967), 326-329.
Sumptuary law of Nuremberg 15th century. In German.
The pontificate of Innocent III has often been presented as a turning point in the history of the rise of medieval anti-Judaism: through his virulent anti-Jewish rhetoric and his attempts to restrict Christian-Jewish contact, the pope... more
In the first decades of the fifteenth century, Alonso of Cartagena assumed the task of translating quite a few works written by or attributed to Seneca. One of them is the so-called Copilación, which is a romance version of a selection of... more
Cette communication propose de revenir sur le terme « viking » en analysant la notion de piraterie dans les sources norroises. Si les historiens sont familiers des témoignages des victimes de ces pirates du Nord, les sources norroises... more
Temaet for denne artikkelen er historiske lovbestemmelser knyttet til funn av verdisaker, og hvordan disse danner bakgrunn for dagens lovregulerte finnerlønnsordning for funn av løse kulturminner. Finnerlønn handler om eierskap til... more
The nutritional, economic and politícal importance of hunting in medieval Aragón is revealed by the development of a legal framework to legislate this activity and its survival until the middle of the 20th century. Our research on hunting... more
El de Las Hurdes ha sido, desde sus primeras apariciones documentales, un territorio en disputa. Bajo la jurisdicción feudal de la vecina villa salmantina de La Alberca, los hurdanos se han visto sometidos a un largo proceso de dominación... more
The Cambridge Companion to Medieval Law and Literature addresses the need for an authoritative guide through the bewildering maze of medieval law as well as the need for concise examples of how the law infiltrated literary texts. The... more
A translation of the document that gave Magna Carta its name.
Sumptuary law of Frankfurt 1356. In German.
From Winston Black in The Medieval Review 15.06.24... 'In the concluding essay, "The Bright Side of the Knife: Dismemberment in Medieval Europe and the Modern Imagination," Lila Yawn clearly takes the most chances and has the most fun in... more
This paper gives an account of the Medieval legal theories on coinage and money in the Glossators' era, and especially of the role played by a brocard of the jurist Azo (12th-13th century) in the elaboration of this theories. The matter... more
Dans les Statuts de Salon en 1293, les statuts IX & X régissent le port d’armes, le IX Nullus projiciat cum balista vel archu infra Sallonem, spécifiant une arme particulière, le bodoquerium, dont la signification exacte avait été perdue... more
Utsagan "Under 1100-talet fick Sverige ett heltäckande nät av sockenkyrkor" skulle de flesta godkänna, förutsatt att den tillförs några definitioner.
Published in "Fourteenth Century England", vol. VII, ed. M. Ormrod (2012). This is about the lawyer from Toulouse Ramon Durand who served the king of England-duke of Aquitaine Edward II as lawyer, then as seneschal of Périgord and... more
Toward 1270, a noblewoman wrote to Thomas Aquinas, John Peckham, and an anonymous jurist, seeking their counsel concerning the good government of her subjects and of Jews. Whether the correspondent was a duchess of Brabant or the countess... more
The overt mercantilism of The Libelle of Englyshe Polycye has overshadowed important questions surrounding the poem’s purpose and literary form. As the work attempts to justify economic protectionism, its preoccupation with legal and... more
The subject of this article is the trial of reconstrution of the local law proclamation history during the 1st Polish Republic. The proclamation of local acts is important competence of the local self government organs that... more
Le Costitutiones Melphitanae rappresentano un corpo organico di leggi promulgato per ordine dell’Imperatore Federico II nell’anno 1231. Uno dei manoscritti più antichi di questo importante corpus legislativo medievale è stato recentemente... more
In the judicial duel, procedure and ceremony collapsed into one another in a way that had powerful resonances for the later Capetians kings of France. What bothered King Louis IX and his grandson Philip IV about duel was its violent and... more
Steven Pinker’s view of the Middle Ages as an era of hyperviolence, in which governments engaged in democide and civilians lived in terror, is not supported by the evidence. By analyzing Pinker’s sources for the medieval period and... more
Offprints of most of my published work can be found at my website: https://www.bruceobrien.org
Norman legal sources are scarce; we should examine these sources to see if they are reliable instead of taking them for granted and singling out only those topics we want to discuss. The Leges are our most wide-ranging source from the... more
Accusations of Maleficium and Veneficium in the Várad Register In Hungary – like all over Europe – people believed in the effectiveness of ordeals. However, in the Várad Register the number of those who were convicted by ordeal was... more
A draft translation of the 'Edictum de beneficiis regni italici' (Edict on the Benefices of the Kingdom of Italy), also known as the 'Constitutio de feudis' (Constitution or Ordinance on Fiefs) issued by Emperor Conrad II (r.1024-1039) on... more
Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, they were... more
There is not substantial reserve that in entire medieval epoch captured warriors and abducted non-combatants have been used as means of extracting the military, political and economic benefits. It is well acknowledged that practices... more
The paper aims to show the Romanistic foundations of the Spanish insolvency reform de mecanismo de segunda oportunidad (Rdl 1/2015, de 27 de febrero y Ley 25/2015, de 28 de julio), starting from the link, explicitly identified by the... more
Ostensibly a conflict over principles, the root cause of the Becket affair was political, i.e. a power struggle over the Church. At most, the affair was exacerbated by a clash of personalities, but not caused by it.
The Fechtbuch (Fight-Book) from 1459 AD by Hans Talhoffer is truly an uncanny work. In this edition of his work, the fight-master opens a window for us to his world. He shares knowledge from his own field of expertise – the martial arts... more
Discovering that the Supreme Court of the United States of America, now dominated by an ultra conservative majority of chiefly white men, is planning to overturn Roe v. Wade (1973) was not as unexpected as one might imagine. At least, for... more