By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

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.

This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.

Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.

Intro -- Contents -- Acknowledgments -- Abbreviations -- 1. The Formation of Ecclesiastical Law in the Early Church -- 2. Sources of the Greek Canon Law to the Quinisext Council (691/2): Councils and Church Fathers -- 3. Byzantine Canon Law to 1100 -- 4. Byzantine Canon Law from the Twelfth to the Fifteenth Centuries -- 5. Sources of Canon Law in the Eastern Churches -- Index of Councils and Synods -- General Index.

New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.

In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.