Vernacular law : writing and the reinvention of customary law in Medieval France / Ada Maria Kuskowski, University of Pennsylvania.
2023
KJV263 .K87 2023 (Mapit)
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Details
Title
Vernacular law : writing and the reinvention of customary law in Medieval France / Ada Maria Kuskowski, University of Pennsylvania.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2023.
Copyright
©2023
Description
xviii, 412 pages : illustrations ; 24 cm.
Series
Studies in legal history.
Formatted Contents Note
Introduction : vernacular writing and the transformation of customary law in Medieval France
What is custom? Concept and literary practice
Composing customary law as a vernacular law
Writing a 'ius non scriptum' : writtenness, memory and change'
Uneasy jurisdictions : lay and ecclesiastical law
Roman law, authority and creative citation
Custom in lawbooks and records of legal practice
Dynamic text : dialectic, manuscript culture and customary law
Implications of circulating text : crafting a French Common Law
Conclusion : lasting model and professional community.
What is custom? Concept and literary practice
Composing customary law as a vernacular law
Writing a 'ius non scriptum' : writtenness, memory and change'
Uneasy jurisdictions : lay and ecclesiastical law
Roman law, authority and creative citation
Custom in lawbooks and records of legal practice
Dynamic text : dialectic, manuscript culture and customary law
Implications of circulating text : crafting a French Common Law
Conclusion : lasting model and professional community.
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 law books that made disparate customs into the field known as customary law"-- Provided by publisher.
Note
Based on author's thesis (doctoral - Cornell University, 2013) issued under title: Writing custom : juristic imagination and the composition of customary law in thirteenth-century France.
Bibliography, etc. Note
Includes bibliographical references (pags 363-401) and index.
Available in Other Form
Call Number
KJV263 .K87 2023
Language
English
ISBN
9781009217897 (hardback)
1009217895 (hardback)
9781009217880 (paperback)
1009217887 (paperback)
9781009217873 (ebook)
1009217895 (hardback)
9781009217880 (paperback)
1009217887 (paperback)
9781009217873 (ebook)
Record Appears in