That kings, prelates and even lowly freemen were, under certain specified conditions, capable of offering protection or 'peace' to others, usually their inferiors, is relatively well known. That a breach of this protection might entitle, or indeed oblige, the protector to take action against the violator is similarly well understood. However, this protective dynamic has rarely received direct scholarly attention, despite its being evident in an extraordinary range of contexts. The emotional aspects of protection - the honour and love associated with the bond it creates, and the shame and anger that accompany its breach - resonate in both heroic and chivalric ideals, whilst in legal fiction at least, the king's protection or peace would come to underpin the common law of trespass. Such a broad sweep, taking in social, legal, religious and cultural elements, suggests that protection as a concept may have a wider significance than its marginal role in current historiography would indicate. Indeed, the influence of protection both in forming social bonds and in providing a framework for the legitimate use of force suggests that the concept could serve as a valuable counterpoint to more traditional 'institutional' understandings of power. This book explores peace and protection as a fundamental motor of medieval society, across a broad geographical and chronological span; brings together literary, legal and historical studies making use of a wide range of approaches; and focuses scholarly attention as never before on the concept of peace and protection viewed in relation to kings and lords, charity and mercy, and the action of feud and vendetta.

Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice. Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidence from notarial archives and supports it with sermons, hagiography, political treatises, and chronicle accounts. She paints a vivid picture of life in an Italian commune, a socially and politically unstable world that strove to achieve peace. Jansen also assembles a wealth of visual material from the period, illustrating for the first time how the kiss of peace—a ritual gesture borrowed from the Catholic Mass—was incorporated into the settlement of secular disputes. Breaking new ground in the study of peacemaking in the Middle Ages, Peace and Penance in Late Medieval Italy adds an entirely new dimension to our understanding of Italian culture in this turbulent age by showing how peace was conceived, memorialized, and occasionally achieved.

In The Benefits of Peace: Private Peacemaking in Late Medieval Italy Glenn Kumhera offers the first comprehensive account of private peacemaking, weaving together its legal, religious, political and social meanings across several cities (13th-15th centuries). The ability of peacemaking to hinder criminal prosecution has often been considered the result of government powerlessness. Kumhera, however, examines the benefits of private peacemaking, detailing how its flexibility was crucial in creating a viable criminal justice system that emphasized violence prevention and recognition of jurisdiction while allowing space for friends, neighbors and clergy to intervene. Additionally, he explores the roles of women and clergy in peacemaking, how peace operated in a vendetta culture and how the medieval understanding of reconciliation affected the practice of peacemaking.

Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.

Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --

This is the first full-length study of Scottish royal government in the twelfth and thirteenth centuries ever to have been written. It uses untapped legal evidence to set out a new narrative of governmental development. Between 1124 and 1290, the way in which kings of Scots ruled their kingdom transformed. By 1290 accountable officials, a system of royal courts, and complex common law procedures had all been introduced, none of which could have been envisaged in 1124. The Shape of the State in Medieval Scotland, 1124-1290 argues that governmental development was a dynamic phenomenon, taking place over the long term. For the first half of the twelfth century, kings ruled primarily through personal relationships and patronage, only ruling through administrative and judicial officers in the south of their kingdom. In the second half of the twelfth century, these officers spread north but it was only in the late twelfth century that kings routinely ruled through institutions. Throughout this period of profound change, kings relied on aristocratic power as an increasingly formal part of royal government. In putting forward this narrative, Alice Taylor refines or overturns previous understandings in Scottish historiography of subjects as diverse as the development of the Scottish common law, feuding and compensation, Anglo-Norman 'feudalism', the importance of the reign of David I, recordkeeping, and the kingdom's military organisation. In addition, she argues that Scottish royal government was not a miniature version of English government; there were profound differences between the two polities arising from the different role and function aristocratic power played in each kingdom. The volume also has wider significance. The formalisation of aristocratic power within and alongside the institutions of royal government in Scotland forces us to question whether the rise of royal power necessarily means the consequent decline of aristocratic power in medieval polities. The book thus not only explains an important period in the history of Scotland, it places the experience of Scotland at the heart of the process of European state formation as a whole.

Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.

Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.

Medieval and Modern Civil Wars: A Comparative Perspective offers a comparison of the civil wars in Scandinavia in High Middle Ages with those fought in contemporary Afghanistan and Guinea-Bissau.

Disputes lie at the heart of the sagas. Consequently, literary texts have been treated as sources of legal practice – narrations of law – while the sagas themselves and the handling of legal matters by the figures adhere to ‘laws of narration’. The volume addresses this intricate relationship between literature and social practice from the perspective of historians as well as philologists. The contributions focus not only on disputes and their solution in saga literature, but also on the representation of law and its history in sagas and Latin historiography from Scandinavia as well as the representation of laws and norms in mythological texts. They demonstrate that narrations of law provide an indispensable insight into legal culture and its connection to a wider framework of social norms, adjusting the impression given by the laws. The philological approaches underline that the narrative texts also have an agenda of their own when it comes to their representation of law, providing a mirror of conduct, criticising inequity, reinforcing the political and juridical position of kings or negotiating norms in mythological texts. Altogether, the volume underlines the unifying force exerted by a common fiction of law beyond its letter.