The Medieval Origins of the Legal ProfessionThe Medieval Origins of the Legal Profession

James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church.

Author: James A. Brundage


ISBN: 9781459605800


Page: 648

View: 287

In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

Law as Profession and Practice in Medieval EuropeLaw as Profession and Practice in Medieval Europe

180–181; Brundage, The Profession and Practice of Medieval Canon Law (Aldershot, 2004), and now the splendid The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (Chicago, IL, 2008).

Author: Melodie Harris Eichbauer

Publisher: Routledge

ISBN: 9781317107682


Page: 440

View: 861

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

Law Sex and Christian Society in Medieval EuropeLaw Sex and Christian Society in Medieval Europe

Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital ...

Author: James A. Brundage

Publisher: University of Chicago Press

ISBN: 9780226077895


Page: 698

View: 444

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Western Civilization and the AcademyWestern Civilization and the Academy

Power, Lordship, and the Origins of European Government (Princeton: Princeton University Press, 2009); Robert I. Moore, ... of the Corpus Juris Civilis; among others see, James Brundage, The Medieval Origins of the Legal Professions.

Author: Bradley C. S. Watson

Publisher: Lexington Books

ISBN: 9781498517560


Page: 154

View: 799

This is a go-to volume for all those who seek to address the nature of Western civilization and its enduring significance in American education, especially higher education. There are no other single volume works that incorporate the same range of discussion on this topic by leading scholars.

The Measure of WomanThe Measure of Woman

Brundage, The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (Chicago: University of Chicago Press, 2008), 157–61. Brundage's descriptions are largely based on the 1216 Ordo iudiciarius of Tancred of Bologna; ...

Author: Marie A. Kelleher

Publisher: University of Pennsylvania Press

ISBN: 0812205340


Page: 232

View: 789

By the end of the Middle Ages, the ius commune—the combination of canon and Roman law—had formed the basis for all law in continental Europe, along with its patriarchal system of categorizing women. Throughout medieval Europe, women regularly found themselves in court, suing or being sued, defending themselves against criminal accusations, or prosecuting others for crimes committed against them or their families. Yet choosing to litigate entailed accepting the conceptual vocabulary of the learned law, thereby reinforcing the very legal and social notions that often subordinated them. In The Measure of Woman Marie A. Kelleher explores the complex relationship between women and legal culture in Spain's Crown of Aragon during the late medieval period. Aragonese courts measured women according to three factors: their status in relation to men, their relative sexual respectability, and their conformity to ideas about the female sex as a whole. Yet in spite of this situation, Kelleher argues, women were able to play a crucial role in shaping their own legal identities while working within the parameters of the written law. The Measure of Woman reveals that women were not passive recipients—or even victims—of the legal system. Rather, medieval women actively used the conceptual vocabulary of the law, engaging with patriarchal legal assumptions as part of their litigation strategies. In the process, they played an important role in the formation of a gendered legal culture that would shape the lives of women throughout Western Europe and beyond for centuries to come.

Professionalizing LeadershipProfessionalizing Leadership

James Brundage, The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (Chicago: University of Chicago Press, 2008), p. 2. Brundage, Medieval Origins, pp. 1, 2. Brundage, Medieval Origins, p. 4.

Author: Barbara Kellerman

Publisher: Oxford University Press

ISBN: 9780190695798


Page: 256

View: 760

Over the last 40 years, the leadership industry has grown exponentially. Yet leadership education, training, and development still fall far short. Moreover, leaders are demeaned, degraded, and derided as they never were before. Why? The problem is leadership has stayed stuck. It has remained an occupation instead of becoming a profession. Unlike medicine and law, leadership has no core curriculum considered essential. It has no widely agreed on metric, or criteria for qualification. And it has no professional association to oversee the conduct of its members or assure minimum standards. Professionalizing Leadership looks to a past in which learning to lead was the most important of eruditions. It looks to a present in which learning to lead is as effortless as ubiquitous. And it looks to a future in which learning to be a leader might look different altogether - it might resemble the far more rigorous process of learning to be a doctor or a lawyer. As it stands now, the military is the only major American institution that gets it right. It assumes leadership is a profession that requires those who practice it to be taught in accordance with high professional standards. Barbara Kellerman draws on the military experience specifically to develop a template for learning how to lead generally. Leadership in the first quarter of the present century is different from what it was even in the last quarter of the past century - which is why leadership taught casually and carelessly should no longer suffice. Professionalizing Leadership addresses precisely the problem of how to prepare leaders in accordance with professional norms. It provides the template necessary for transforming leadership from dubious occupation to respectable profession.

Searching for a Universal EthicSearching for a Universal Ethic

Most important, medieval jurists gave great weight to the ideal of the independence of the law, and they insisted on norms ... See Pennington, The Prince and the Law, 148-64, and Brundage, The Medieval Origins of the Legal Profession, ...

Author: William C. Mattison III

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802868442


Page: 327

View: 690

In this volume twenty-three major scholars comment on and critically evaluate In Search of a Universal Ethic, the 2009 document written by the International Theological Commission (ITC) of the Catholic Church. That historic document represents an official Church contribution both to a more adequate understanding of a universal ethic and to Catholicism s own tradition of reflection on natural law. The essays in this book reflect the ITC document s complementary emphases of dialogue across traditions (universal ethic) and reflection on broadly applicable ethical guidance within the Christian tradition (natural law). Among other things, the document situates the natural law ethical tradition within the larger search for a universal ethic. Along with its insightful essays, Searching for a Universal Ethic offers — for the first time in published form — the Vatican s official English translation of In Search of a Universal Ethic. Contributors: John Berkman Serge-Thomas Bonino, O.P. David Burrell, C.S.C. Lisa Sowle Cahill Joseph E. Capizzi David Cloutier Anver M. Emon Robert P. George Sherif Girgis Jennifer A. Herdt Russell Hittinger M. Cathleen Kaveny Anthony J. Kelly, C.Ss.R. Fergus Kerr, O.P. Steven A. Long William C. Mattison III Gilbert Meilaender Livio Melina Michael S. Northcott David Novak Jean Porter Martin Rhonheimer Tracey Rowland

Lost Letters of Medieval LifeLost Letters of Medieval Life

For example, when Richard of Anstey went to law in 1158 against his cousin, Mabel de Francheville, to obtain her inheritance on the ... Sayers, Papal Judges Delegate, 221–38; Brundage, Medieval Origins of the Legal Profession, 353–64.

Author: Martha Carlin

Publisher: University of Pennsylvania Press

ISBN: 9780812207569


Page: 360

View: 791

Everyday life in early thirteenth-century England is revealed in vivid detail in this riveting collection of correspondence of people from all classes, from peasants and shopkeepers to bishops and earls. The documents presented here include letters between masters and servants, husbands and wives, neighbors and enemies, and cover a wide range of topics: politics and war, going to fairs and going to law, attending tournaments and stocking a game park, borrowing cash and doing favors for friends, investigating adultery and building a windmill. While letters by celebrated people have long been known, the correspondence of ordinary people has not survived and has generally been assumed never to have existed in the first place. Martha Carlin and David Crouch, however, have discovered numerous examples of such correspondence hiding in plain sight. The letters can be found in manuscripts called formularies—the collections of form letters and other model documents that for centuries were used to teach the arts of letter-writing and keeping accounts. The writing-masters and their students who produced these books compiled examples of all the kinds of correspondence that people of means, members of the clergy, and those who handled their affairs might expect to encounter in their business and personal lives. Tucked among the sample letters from popes to bishops and from kings to sheriffs are examples of a much more casual, ephemeral kind of correspondence. These are the low-level letters that evidently were widely exchanged, but were often discarded because they were not considered to be of lasting importance. Two manuscripts, one in the British Library and the other in the Bodleian Library, are especially rich in such documents, and it is from these collections that Carlin and Crouch have drawn the documents in this volume. They are presented here in their first printed edition, both in the original Latin and in English translation, each document splendidly contextualized in an accompanying essay.

The Profession of Ecclesiastical LawyersThe Profession of Ecclesiastical Lawyers

J A Brundage, The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (Chicago, IL 2008), pp. 46–74; see also M Bellomo, The Common Legal Past of Europe 1000– 1800, L Cochrane (trans) (Washington, ...

Author: R. H. Helmholz

Publisher: Cambridge University Press

ISBN: 9781108499064


Page: 248

View: 538

Exploration of manuscript records and civil law sources to provide a fuller account of the history of the legal profession in England.

European Legal HistoryEuropean Legal History

Coercion and Limit: the Medieval Origins ofParliamentary Democracy, Leyden 1987; H. Mitteis, The State in the Middle Ages: a ... Brundage, The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts, Chicago 2008. 8.

Author: Randall Lesaffer

Publisher: Cambridge University Press

ISBN: 9780521877985


Page: 549

View: 850

This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.

Bishops Clerks and Diocesan Governance in Thirteenth Century EnglandBishops Clerks and Diocesan Governance in Thirteenth Century England

While some lords were perhaps unaware of such rules, bishops with a background in canon law would not have been among them.8° The same hesitance to pay could have been ... 85 Brundage, Medieval Origins of the Legal Profession, 479.

Author: Michael Burger

Publisher: Cambridge University Press

ISBN: 9781139536745



View: 593

This book investigates how bishops deployed reward and punishment to control their administrative subordinates in thirteenth-century England. Bishops had few effective avenues available to them for disciplining their clerks and rarely pursued them, preferring to secure their service and loyalty through rewards. The chief reward was the benefice, often granted for life. Episcopal administrators' security of tenure in these benefices, however, made them free agents, allowing them to transfer from diocese to diocese or even leave administration altogether; they did not constitute a standing episcopal civil service. This tenuous bureaucratic relationship made the personal relationship between bishop and clerk more important. Ultimately, many bishops communicated in terms of friendship with their administrators, who responded with expressions of devotion. Michael Burger's study brings together ecclesiastical, social, legal and cultural history, producing the first synoptic study of thirteenth-century English diocesan administration in decades. His research provides an ecclesiastical counterpoint to numerous studies of bastard feudalism in secular contexts.

Dissolving Royal MarriagesDissolving Royal Marriages

The setting in life of this mode of thought is the professionalisation of canon law. It is part of a wider process. ... 8 James A. Brundage, The Medieval Origins of the Legal Profession: Canonists, Civilians and Courts (Chicago, 2008).

Author: David d'Avray

Publisher: Cambridge University Press

ISBN: 9781107062504


Page: 326

View: 519

This book offers a chronological and geographical study of royal divorce cases from the Middle Ages through to the Reformation period.

Legal Procedure and Practice in Medieval DenmarkLegal Procedure and Practice in Medieval Denmark

The same is the case for the formalisation and streamlining of the profession of law, which took place in most other parts of Europe at a much earlier time.103 It ... 103 James A. Brundage, The Medieval Origins of the Legal profession.

Author: Per Andersen

Publisher: BRILL

ISBN: 9789004206588


Page: 468

View: 205

This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice.

Moral Dilemmas in Medieval ThoughtMoral Dilemmas in Medieval Thought

Wilfried Hartmann and Kenneth Pennington (Washington, DC: The Catholic University of America Press, ), – ; James A. Brundage, The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (University of ...

Author: M. V. Dougherty

Publisher: Cambridge University Press

ISBN: 9781139501439



View: 647

The history of moral dilemma theory often ignores the medieval period, overlooking the sophisticated theorizing by several thinkers who debated the existence of moral dilemmas from 1150 to 1450. In this book Michael V. Dougherty offers a rich and fascinating overview of the debates which were pursued by medieval philosophers, theologians and canon lawyers, illustrating his discussion with a diverse range of examples of the moral dilemmas which they considered. He shows that much of what seems particular to twentieth-century moral theory was well-known long ago - especially the view of some medieval thinkers that some forms of wrongdoing are inescapable, and their emphasis on the principle 'choose the lesser of two evils'. His book will be valuable not only to advanced students and specialists of medieval thought, but also to those interested in the history of ethics.

Law Person and CommunityLaw Person and Community

Philosophical, Theological, and Comparative Perspectives on Canon Law John J. Coughlin ... See James A. Brundage, The Medieval Origins of the Legal Profession, Canonist, Civilians, and Courts 221–222 (University of Chicago Press 2008).

Author: John J. Coughlin

Publisher: Oxford University Press

ISBN: 9780199877188


Page: 320

View: 898

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.

Fractional FreedomsFractional Freedoms

As Tamar Herzog notes with reference to letrados in Quito, “Most lawyers graduated in both laws (Roman and canon). Those who chose a single career usually chose to ... See Brundage, Medieval Origins of the Legal Profession, 268–69.

Author: Michelle A. McKinley

Publisher: Cambridge University Press

ISBN: 9781316739631



View: 885

Fractional Freedoms explores how thousands of slaves in colonial Peru were able to secure their freedom, keep their families intact, negotiate lower self-purchase prices, and arrange transfers of ownership by filing legal claims. Through extensive archival research, Michelle A. McKinley excavates the experiences of enslaved women whose historical footprint is barely visible in the official record. She complicates the way we think about life under slavery and demonstrates the degree to which slaves were able to exercise their own agency, despite being ensnared by the Atlantic slave trade. Enslaved women are situated as legal actors who had overlapping identities as wives, mothers, mistresses, wet-nurses and day-wage domestics, and these experiences within the urban working environment are shown to condition their identities as slaves. Although the outcomes of their lawsuits varied, Fractional Freedoms demonstrates how enslaved women used channels of affection and intimacy to press for liberty and prevent the generational transmission of enslavement to their children.

The Oxford Handbook of ChaucerThe Oxford Handbook of Chaucer

On the medieval origins and studies of civil and canon law in the universities , see James A . Brundage , The Medieval Origins of the Legal Profession : Canonists , Civilians , and Courts ( Chicago , IL : University of Chicago Press ...

Author: Suzanne Conklin Akbari

Publisher: Oxford University Press, USA

ISBN: 9780199582655


Page: 672

View: 186

As the 'father' of the English literary canon, one of a very few writers to appear in every 'great books' syllabus, Chaucer is seen as an author whose works are fundamentally timeless: an author who, like Shakespeare, exemplifies the almost magical power of poetry to appeal to each generation of readers. Every age remakes its own Chaucer, developing new understandings of how his poetry intersects with contemporary ways of seeing the world, and the place of the subject who lives in it. This Handbook comprises a series of essays by established scholars and emerging voices that address Chaucer's poetry in the context of several disciplines, including late medieval philosophy and science, Mediterranean Studies, comparative literature, vernacular theology, and popular devotion. The volume paints the field in broad strokes and sections include Biography and Circumstances of Daily Life; Chaucer in the European Frame; Philosophy and Science in the Universities; Christian Doctrine and Religious Heterodoxy; and the Chaucerian Afterlife. Taken as a whole, The Oxford Handbook of Chaucer offers a snapshot of the current state of the field, and a bold suggestion of the trajectories along which Chaucer studies are likely to develop in the future.

The Role of the Arab Islamic World in the Rise of the WestThe Role of the Arab Islamic World in the Rise of the West

34; von Moschzisker, 'The Historic Origin of Trial by Jury II', p. 84. 5 . J. A. Brundage (2008), The Medieval Origins of the Legal Profession: Canonists, Civilians and Courts (Chicago: Chicago University Press), pp. 75–7. 6 .

Author: Nayef R.F. Al-Rodhan

Publisher: Palgrave Macmillan

ISBN: 9780230393202


Page: 241

View: 744

Introduction: A Thousand Years of Amnesia The Arabs and the Italian Renaissance Re-orienting the Reformation? Prolegomena for a History of the Reformation's Connection with the Islamic World The Possible Contribution of Islamic Legal Institutions to the Emergence of a Rule of Law and the Modern State in Europe Islamic Commerce and Finance in the Rise of the West Suppressed or Falsified History? The Untold Story of Arab-Islamic Rationalist Philosophy A Forgotten Debt: Humanism and Education, from the Orient to the West The Arabic-Latin Intercultural Transmission of Scientific Knowledge in Pre-modern Europe: Historial Context and Case Studies The Way Forward: Implications for Contemporary Trans-cultural Relations.

Learning Law and Travelling Europe Study Journeys and the Developing Swedish Legal Profession c 1630 1800Learning Law and Travelling Europe Study Journeys and the Developing Swedish Legal Profession c 1630 1800

4; John Finlay, Men of Law in PreReformation Scotland (East Linton, 2000), p. 7; Brundage, The Medieval Origins, p. 2; Paul Brand, The Origins of the English Legal Profession (Oxford, 1992), ...

Author: Marianne Vasara-Aaltonen

Publisher: BRILL

ISBN: 9789004431669


Page: 444

View: 986

In Learning Law and Travelling Europe, Marianne Vasara-Aaltonen offers an account of the study journeys of Swedish lawyers in the early modern period, and their connection to the state-building process and the development of the Swedish legal profession.

Priests of the LawPriests of the Law

Roman Law and the Making of the Common Law's First Professionals Thomas J. McSweeney ... The Medieval Origins of the Legal Profession: Canonists, Civilians and Courts (University of Chicago Press 2008) 299 (hereafter Brundage, Medieval ...

Author: Thomas J. McSweeney

Publisher: Oxford University Press

ISBN: 9780192584199


Page: 320

View: 387

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.