Law And The Medieval Village Community

This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.

This authoritative survey of Britain in the later Middle Ages comprises 28 chapters written by leading figures in the field. Covers social, economic, political, religious, and cultural history in England, Ireland, Scotland, and Wales Provides a guide to the historical debates over the later Middle Ages Addresses questions at the leading edge of historical scholarship Each chapter includes suggestions for further reading

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts tounderstand this complex institutional form of "legal pluralism".Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four "local legal cultures" - in the countryside, in forests, in towns and cities, and in the maritime world - that grew up around legal institutions,landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law.Johnson then turns to examine "common legalities", widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English asa legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives.Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through legality.

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

The records of manorial courts have been used increasingly as the principal source for the reconstruction of rural and small town society in medieval England. They offer a unique source with which to investigate peasant demography, family patterns, the village community and economy, the characteristics and instruments of customary law, and the ways in which that law was perceived and exploited by landlords and tenants. The essays in this collection provide novel approaches to all of these themes and are written by many of the historians who have pioneered the use of this source category in the last two decades. In two introductory chapters, the editors review the historiography of manorial court rolls and account for their origins as a distinctive record of customary law within the broad context of medieval European society. A valuable appendix contains an inventory of the most comprehensive unprinted manorial court roll series arranged systematically on a county-to-county basis, detailing the repository in which they are located. This book will serve as an essential reference tool for any serious study of medieval English rural society.

Providing a new narrative of how local authority and social structures adapted in response to the decline of lordship and the process of state formation, Spike Gibbs uses manorial officeholding – where officials were chosen from among tenants to help run the lord's manorial estate – as a prism through which to examine political and social change in the late medieval and early modern English village. Drawing on micro-studies of previously untapped archival records, the book spans the medieval/early modern divide to examine changes between 1300 and 1650. In doing so, Gibbs demonstrates the vitality of manorial structures across the medieval and early modern era, the active and willing participation of tenants in these frameworks, and the way this created inequalities within communities. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

"As an extended essay on an important theme of comparative history, this is an impressive book. . . . By highlighting the irreducible particularities of rural communities in the past, Magagna has written a book deeply informed by historical consciousness as well as contemporary social theory."--Journal of Social History

Village communities were the heart of the medieval countryside. But how did they operate? This book seeks to find some answers to that question by focusing on late medieval Drenthe, a region situated in a remote corner of the Holy Roman Empire and part of the prince-bishopric of Utrecht. Drenthe was an overwhelmingly localized, rural world. It had no cities, and consisted entirely of small villages. The social and economic importance of traditionally privileged sections of medieval society (clergy and nobility) was limited; free peasant landowners were the dominant social class. Based on a careful reading of normative sources (Land charters) and thousands of short verdicts given by the so-called 'Etstoel' or high court of justice in Drenthe, this book focuses on three types of conflict: conflicts between villages, feud-like violence, and litigations about property. These three types coincide with three levels of involvement: that of village communities as a whole, that of kin groups, and that of households. The resulting, comprehensive analysis provides a rigorous interrogation of generalized notions of the pre-industrial rural world, offering a snapshot of a typical peasant society in late medieval Europe.