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Christopher Tyerman

. This was a revealing lapse in Grousset’s scholarship. In the 1920s, Maurice Grandeclaude had subjected the thirteenth-century law codes of Jerusalem, the Assises, to careful analysis to try to determine the survival of any of the pre-1187 legal procedures.2 Thirty years earlier, Munro had insisted that such law codes could not simply be used to describe twelfth-century circumstances, as Dodu had imagined. In his Lowell lectures at Harvard in 1924, Munro himself had sketched a picture of how Outremer society worked based on sources not sentiment and covering wide

in The Debate on the Crusades
Abstract only
Paul Fouracre

. 579. 90 Present opinion is that formulae such as this one do represent actual practice at the time they were produced or at the time of later copying: see A. Rio, ‘Charters, law codes and formulae: the Franks between theory and practice’, in P. Fouracre and D. Ganz (eds), Frankland. The Franks and the World of the Early Middle Ages (Manchester, 2008), pp. 7–27 . But of course it not possible to demonstrate that the formulae do represent the documents that were in use when there are no surviving documents of that type. 91 A. Thacker, ‘Memorialising

in Eternal light and earthly concerns
Abstract only
Paul Fouracre

important bearings on the issue of continuity. Also of great interest is the relationship between the secular and the sacred when both call for the needs of the Church to be provided for. Was it envisaged that people could simply be ordered to provide? Or was this a matter of religious exhortation? Alongside the law codes and the legislation of particular rulers, we have a raft of normative material produced by the Church. This consists of the rulings of church councils, episcopal orders and statutes, and the customs of religious houses. It is in these sources that we

in Eternal light and earthly concerns
Morny Joy

contemporary female ascetics, even of the tantric variety (Denton 2004), who have chosen to renounce traditional marriage and householder rules. The regulations derived from the Dharma Shastras (the sacred law codes) as propounded in the Laws of Manu (1969) – written somewhere between the second century BCE and the second century CE – have none the less provided the principal guidelines for women’s conduct, though they have not been ubiquitous throughout India.14 In the Brahmanic tradition, a woman’s 132 Irigaray's eastern excursion husband is regarded as her god – she is

in Divine love
Hans Peter Broedel

stria who is proven to have eaten a man is liable to a fine of 8000 denarii.7 In later law codes, it was rather the belief in such creatures that was more often condemned, with women who were accused of being monstrous witches frequently entitled to compensation. The continuing presence of such laws testifies to the durability of the belief that certain women could be strigae in fact, as do similar entries in early-medieval penitentials and the later exempla of preachers, and this popular belief existed side by side with the educated, clerical position approved by the

in The Malleus Maleficarum and the construction of witchcraft
Elite practice
Paul Fouracre

being remitted to the beneficiary of the privilege of immunity, and this seems to be what lay behind the grant of judicial rights to the immunist. Chief amongst these was the right to collect the fretum . This was a proportion (usually said to be one-third) of the composition fine paid to the ruler or to his or her representative the count for arranging the peace between a victim of a ‘crime’ and its perpetrator. Such compensation arrangements, the stuff of the law codes, were always expressed in cash amounts, as were other sorts of fine, such as the fine for

in Eternal light and earthly concerns
Abstract only
Paganism, infidelity and biblical punishment in the Capitulatio de partibus Saxoniae
Robert Flierman

. 68–9. Religious Saxons: Capitulatio de partibus Saxoniae 195 capitali sententia(e) punietur.78 In contrast to such customary expressions, the phrase morte moriatur has only one real precedent:  the Old Testament. In particular, we encounter the phrase in two of the Old Testament law codes, known today as the Covenant Code (Exodus 21.1–23.19) and the Holiness Code (Leviticus 17–26).79 In the Carolingian period, these codes were seen as part of one and the same legal tradition, known as the ‘Old Law’ (Vetus Lex) or simply ‘the Law’ (Lex).80 The origins of the Old

in Religious Franks
The courts
Philippa Byrne

a problem one law code could encounter when it tried to translate theological ideas into principles of legal guidance. This was a law code which was undergoing rapid change in the course of the twelfth century, which was struggling to deal with the role of the judge and judicial discretion and, which, as a result, developed a language and a terminology with which it could be understood. This is a model which needs to be kept in mind when considering the way in which judges who had been trained in this ecclesiastical law found themselves in England and being

in Justice and mercy
Tony Kushner

language and their law-codes; the second, in Victorian times, witnessed that national search for the genius of English free institutions which discovered its origins in the law and polity of the early Teutonic peasantry. At both periods the links between national and local history were simultaneously racial and institutional. County history, with its origins in Tudor times, ‘was related to the perceived early racial divisions of the country: the British in Cornwall and Wales, with the shires south of the Tees under West-Saxon, Mercian or Danish

in Anglo-Jewry since 1066
The Church
Philippa Byrne

just when so out of alignment with all other measurements of law and reason. The letter is focused on the principles of law rather than the moral orientation of the judge. It is considered here for the significance of the connection, and the fact that it might provide a useful way of modelling the argument of this book. This is not a case of – it is not as simple as – theologians ‘telling’ lawyers what to do; giving instruction and awaiting the inscription of those theological ideals in law codes. It speaks to a more complex relationship; an interaction and exchange

in Justice and mercy