Literature And Law In The Era Of Magna Carta

This study of poetry and political thought in late twelfth- and thirteenth-century England explores how Latin, French, and Middle English political poetry and Latin grammar and rhetoric shaped ideas about constitutional governance, the common good, and just rule.

Oxford Studies in Medieval Literature and Culture showcases the plurilingual and multicultural quality of medieval literature and promotes work that not only focuses on the whole array of subjects medievalists now pursue—in literature, theology, philosophy, social, political, jurisprudential, and intellectual history, the history of art, and the history of science—but also work that combines these subjects productively. It offers innovative and interdisciplinary studies of every kind, including but not limited to manuscript and book history, linguistics and literature, post-colonial and global studies, the digital humanities and media studies, performance studies, the history of affect and the emotion, the theory and history of sexuality, ecocriticism and environmental studies, theories of the lyric, of aesthetics, of the practices of devotion, and ideas of medievalism. Literature and Law in the Era of Magna Carta traces processes of literary training and experimentation across the early history of the English common law, from its beginnings in the reign of Henry II to its tumultuous consolidations under the reigns of John and Henry III. The period from the mid-twelfth through the thirteenth centuries witnessed an outpouring of innovative legal writing in England, from Magna Carta to the scores of statute books that preserved its provisions. An era of civil war and imperial fracture, it also proved a time of intensive self-definition, as communities both lay and ecclesiastic used law to articulate collective identities. Literature and Law in the Era of Magna Carta uncovers the role that grammatical and rhetorical training played in shaping these arguments for legal self-definition. Beginning with the life of Archbishop Thomas Becket, the book interweaves the histories of literary pedagogy and English law, showing how foundational lessons in poetics helped generate both a language and theory of corporate autonomy. In this book, Geoffrey of Vinsauf's phenomenally popular Latin compositional handbook, the Poetria nova, finds its place against the diplomatic backdrop of the English Interdict, while Robert Grosseteste's Anglo-French devotional poem, the Château d'Amour, is situated within the landscape of property law and Jewish-Christian interactions. Exploring a shared vocabulary across legal and grammatical fields, this book argues that poetic habits of thought proved central to constructing the narratives that medieval law tells about itself and that later scholars tell about the origins of English constitutionalism.

A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.

The Making of Felony Procedure in Middle English Literature explores the literary inheritance of criminal procedure in thirteenth to fifteenth century English law, focusing on felony, the gravest common law offense. Most scholarship in medieval law and literature has focused on statute and theory, drawing from the instantiating texts of English law: acts of Parliament, judicial treatises, the Magna Carta. But those whose job it was to write about the law rarely wrote about felony. Its definition was left to its practice--from investigation to conviction--and that procedure fell to local communities who were generally untrained in the law. Left with many practical and ethical questions and few legal answers, they turned to cultural ones, archived in sermons they had heard, plays they had seen, and poetry they knew. This book reads the documents of criminal procedure--coroners' reports, plea rolls, and gaol delivery records--alongside literary scenes of investigation, interrogation, and witnessing to tell a new intellectual history of criminal procedure's beginnings. The chapters of The Making of Felony Procedure guide the reader through the steps of a felony prosecution, from act to conviction, examining the questions local communities faced at each step. What evidence should be prioritized in a death investigation? Should the accused consider narrative satisfaction when building his plea? What are the dangers of a witnessing system that depends so heavily on a few "oathworthy" men? What can a jury do if the accused's guilt seems partial or complex? And what if the defendant-for whatever reason--refuses to participate in this new, still--delicate system of justice? The book argues that answers they found, and the sources that informed them, created the system that became modern criminal procedure. The epilogue offers some thoughts about the resilience and incoherence of the concept of felony, from the start of the jury trial to the present day.

Contrary to common assumptions, medieval and early modern writers and poets often addressed the high value of freedom, whether we think of such fable authors as Marie de France or Ulrich Bonerius. Similarly, medieval history knows of numerous struggles by various peoples to maintain their own freedom or political independence. Nevertheless, as this study illustrates, throughout the pre-modern period, the loss of freedom could happen quite easily, affecting high and low (including kings and princes) and there are many literary texts and historical documents that address the problems of imprisonment and even enslavement (Georgius of Hungary, Johann Schiltberger, Hans Ulrich Krafft, etc.). Simultaneously, philosophers and theologians discussed intensively the fundamental question regarding free will (e.g., Augustine) and political freedom (e.g., John of Salisbury). Moreover, quite a large number of major pre-modern poets spent a long time in prison where they composed some of their major works (Boethius, Marco Polo, Charles d'Orléans, Thomas Malory, etc.). This book brings to light a vast range of relevant sources that confirm the existence of this fundamental and impactful discourse on freedom, imprisonment, and enslavement.

This volume marks the centenary of Liebermann’s Die Gesetze der Angelsachsen (1903-1916) by bringing together essays by scholars specializing in medieval legal culture. The essays address not only Liebermann’s legacy, but also major issues in the study of early law.

Dedicated to the scholarship of Elizabeth Robertson, Gender, Poetry, and the Form of Thought in Later Medieval Literature is a collection of essays that explore how gender in medieval English literature intersects with philosophy, poetry, history, and religion.

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.