Law And Order In Anglo Saxon England

The only modern book-length account of Anglo-Saxon legal culture and practice, from the pre-Christian laws of Æthelberht of Kent (c. 600) up to the Norman conquest of 1066, charting the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice.

Law and Order in Anglo-Saxon England' explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Aethelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. 00Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.

Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Æthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.

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 informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersection of secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control. Jay Paul Gates is Assistant Professor at John Jay College of Criminal Justice in The City University of New York; Nicole Marafioti is Assistant Professor of History and co-director of the Medieval and Renaissance Studies Program at Trinity University in San Antonio, Texas. Contributors: Valerie Allen, Jo Buckberry, Daniela Fruscione, Jay Paul Gates, Stefan Jurasinski, Nicole Marafioti, Daniel O'Gorman, Lisi Oliver, Andrew Rabin, Daniel Thomas.

The laws of Æthelbert of Kent (ca. 600), Hlohere and Eadric (685x686), and Wihtred (695), are the earliest laws from Anglo-Saxon England, and the first Germanic laws written in the vernacular. They are of unique importance as the only extant early medieval English laws that delineate the progress of law and legal language in the early days of the conversion to Christianity. Æthelbert's laws, the closest existing equivalent to Germanic law as it was transmitted in a pre-literate period, contrast with Hlohere and Eadric's expanded laws, which concentrate on legal procedure and process, and again contrast with the further changed laws of Wihtred which demonstrate how the new religion of Christianity adapted and changed the law to conform to changing social mores. This volume updates previous works with current scholarship in the fields of linguistics and social and legal history to present new editions and translations of these three Kentish pre-Alfredian laws. Each body of law is situated within its historical, literary, and legal context, annotated, and provided with facing-page translation.

This is an engaging study of how kingship and royal government operated in the late Anglo-Saxon period.

Scholars have long been interested in the extent to which the Anglo-Saxon past can be understood using material written, and produced, in the twelfth century; and simultaneously in the continued importance (or otherwise) of the Anglo-Saxon past in the generations following the Norman Conquest of England. In order to better understand these issues, this volume provides a series of essays that moves scholarship forward in two significant ways. Firstly, it scrutinises how the Anglo-Saxon past continued to be reused and recycled throughout the longue durée of the twelfth century, as opposed to the early decades that are usually covered. Secondly, by bringing together scholars who are experts in various different scholarly disciplines, the volume deals with a much broader range of historical, linguistic, legal, artistic, palaeographical and cultic evidence than has hitherto been the case. Divided into four main parts: The Anglo-Saxon Saints; Anglo-Saxon England in the Narrative of Britain; Anglo-Saxon Law and Charter; and Art-history and the French Vernacular, it scrutinises the majority of different genres of source material that are vital in any study of early medieval British history. In so doing the resultant volume will become a standard reference point for students and scholars alike interested in the ways in which the Anglo-Saxon past continued to be of importance and interest throughout the twelfth century.