Medieval Law and the Foundations of the State
1st Edition
Published on 3. January 2002
403 pages
978-0-19-154352-4 (ISBN)
Description
The State is the most powerful of political ideas but where does it come from? This broad-ranging new study traces the history of the word and the concept back to the systems of law and justice created by medieval kings and shows how legal institutions acquired political force.
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Alan Harding
Medieval Law and the Foundations of the State
Book
01/2002
Oxford University Press
€262.00
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Content
- Cover
- CONTENTS
- ABBREVIATIONS
- 1. INTRODUCTION. STATE: WORD AND CONCEPT
- State as regime
- State as commonwealth
- 2. FRANKISH AND ANGLO-SAXON JUSTICE
- The first courts
- Grants of property and protection
- Pleas before the king
- Keeping the peace
- Legal order
- 'The state of the realm'
- 3. THE COURTS OF LORDS AND TOWNSMEN
- The growth of feudal society
- Seignorial jurisdiction
- Justice in the towns
- Competitors for jurisdiction and power
- The place of the king
- 4. THE SPREAD OF THE ORGANIZED PEACE
- The peace of God
- The peace of the land
- German Landfrieden
- The territorial states of Germany
- 5. THE JUDICIAL SYSTEMS OF FRANCE AND ENGLAND
- Justice on complaint to the king of France
- Stabilimenta
- Justice by royal writ in England
- 'Our state and our kingdom's'
- 6. NEW HIGH COURTS AND REFORM OF THE REGIME
- Complaints against officials
- Plaints and reform of the status regni
- The bill revolution and parlement
- English parliaments
- Petitioning parliament for justice
- Statute-making
- 7. THE LEGAL ORDERING OF 'THE STATE OF THE REALM'
- Law-books, custom, and legislation
- The law of land-holding
- Property and liberty
- Estates of people
- The law of injuries and the public peace
- 8. THE MONARCHICAL STATE OF THE LATER MIDDLE AGES
- 'The state of the realm' and political continuity
- 'The state of the king' and government for the common good
- The contested state of Richard II
- The king in the French body politic
- France as l'état monarchique
- 9. FROM LAW TO POLITICS: THE GENESIS OF 'THE MODERN STATE'
- Comparing and criticizing states of commonwealths
- State and sovereignty
- Jean Bodin on the state
- State, nation, and politics in France
- The English 'Commonwealth and Free State'
- 10. CONCLUSION: LAW AND THE STATE IN HISTORY
- BIBLIOGRAPHY
- Law codes, chronicles, and treatises
- Records and dictionaries
- Secondary works
- INDEX
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- Q
- R
- S
- T
- U
- V
- W
- Y
- Z
