| Description |
1 online resource (432 p.) |
| Series |
Studies in Legal History |
|
Studies in legal history.
|
| Contents |
Cover -- Half-title page -- Series page -- Title page -- Copyright page -- Dedication -- Contents -- List of Figures -- Acknowledgments -- A Note on the Text -- Introduction Vernacular Writing and the Transformation of Customary Law in Medieval France -- Part I Written Custom and the Formation of Vernacular Law -- 1 What Is Custom? Concept and Literary Practice -- 2 Composing Customary Law as a Vernacular Law -- 3 Writing a 'ius non scriptum': Writtenness, Memory, and Change -- Part II Political and Intellectual Tensions -- 4 Uneasy Jurisdictions: Lay and Ecclesiastical Law |
|
5 Roman Law, Authority, and Creative Citation -- Part III Implications -- 6 Custom in Lawbooks and Records of Legal Practice -- 7 Dynamic Text: Dialectic, Manuscript Culture, and Customary Law -- 8 Implications of Circulating Text: Crafting a French Common Law -- Conclusion: Lasting Model and Professional Community -- Bibliography -- Index |
| Summary |
"Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation - in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular - had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law" |
| Notes |
Description based upon print version of record |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Customary law -- France, Northern -- History -- To 1500
|
|
Customary law.
|
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Northern France.
|
| Genre/Form |
History.
|
| Form |
Electronic book
|
| ISBN |
9781009217910 |
|
1009217917 |
|
