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Journal articles on the topic 'Feudal law (Saxon law)'

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Published: 4 June 2021

Last updated: 11 February 2022

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1

Heirbaut, Dirk. "Le Miroir des Saxons : un texte remarquable, mais presque inconnu dans l’historiographie française." Tijdschrift voor rechtsgeschiedenis 84, no. 3-4 (December 9, 2016): 401–22. http://dx.doi.org/10.1163/15718190-08434p02.

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The ‘Saxon Mirror’ was one of the most important books of medieval law, but literature on it in other Western European languages than German, remains scarce. This article therefore wants to present the Saxon Mirror to French readers by studying its author Eike von Repgow and its content, characteristics and influence. The author also puts forward his own hypotheses concerning the Saxon Mirror. The Saxon Mirror has to be studied together with other texts which used the same material, more in particular the Auctor vetus de beneficiis, and the law book of Görlitz. Making a comparison with texts of feudal law elsewhere, it becomes clear that the Saxon Mirror was based on notes taken by practitioners, which could be compilated in different ways. The differences between the longer and the shorter versions of the Saxon Mirror may be explained by the groups behind them. Specialists of feudal law were responsible for the shorter version, whereas the longer version was the work of aldermen. In this context, it is not unlikely that Eike von Repgow may have been a pleader in feudal courts rather than an alderman.

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2

GOLDIE, MARK. "THE ANCIENT CONSTITUTION AND THE LANGUAGES OF POLITICAL THOUGHT." Historical Journal 62, no. 1 (November 5, 2018): 3–34. http://dx.doi.org/10.1017/s0018246x18000328.

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AbstractHistorians of political thought speak of ‘languages’ of politics. A language provides a lexicon, an available resource for legitimating positions. It is looser than a ‘theory’, because protean, and not predictive of particular doctrines. Some languages attract considerable scholarly attention, while others languish, for all that they were ambient in past cultures. In recent scholarship on early modern European thought, natural law and civic humanism have dominated. Yet prescriptive appeals to national historiographies were equally pervasive. Many European cultures appealed to Tacitean mythologies of a Gothic ur-constitution. The Anglophone variant dwelt on putative Saxon freedoms, the status of the Norman ‘Conquest’, whether feudalism ruptured the Gothic inheritance, and how common law related to ‘reason’, natural law, and divine law. Whigs rooted parliaments in the Saxonwitenagemot; though, by the eighteenth century, ‘modern’ Whigs discerned liberty as the fruit of recent socio-economic change. Levellers and Chartists alike talked of liberation from the ‘Norman Yoke’. These themes were explored from the 1940s onwards under the stimulus of Herbert Butterfield; one result was J. G. A. Pocock's classicAncient constitution and the feudal law(1957).

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3

Katančević, Andreja. "Legal regime of land in the mining areas of medieval Serbia." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 1065–78. http://dx.doi.org/10.5937/zrpfns54-29388.

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The aim of the research is to cast light on the legal regime of the mining area land in medieval Serbia and to answer to what extent Saxon customary mining law was accepted in this aspect and what the ratio legis of article 123 of Dušan's Code was? It seems likely that until the enactment of Dušan's Code it was possible to occupy land cleared for mining purposes and to acquire property of the mining area, which was previously res nullius. However, Dušan's Code changed this rule prescribing only the possibility of acquiring the time limited mining concession, which was motived by possible permanent monopolization of the land in the mining areas. At the same time, the Code proclaimed the right of ore search and exploration on the feudal lords' land. Similarities to the older Hungarian and Czech law indicates legal transplantation. The mining concession was regulated in Despot Stefan's Mining Code for Novo Brdo, which prescribed detailed rules for losing the concession in the case of neglecting the mining activity. Based on similarities one can assume that these rules were mostly the reception of the Saxon customary mining law, also written in late medieval mining laws of Hungary and Czechia. However, the small differences may show that after one and a half century the Serbian mining community introduced its own unique rules. Research is based on linguistic, systematic and historical analysis of the sources as well as the regressive analysis and comparative method.

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4

Cvorovic, Zoran. "Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view." Zbornik Matice srpske za drustvene nauke, no. 154 (2016): 19–36. http://dx.doi.org/10.2298/zmsdn1654019c.

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This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court?s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character?ized by passive court. In continental tradition it also consequently indicates a weak state.

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5

Wormald, Patrick. "Anglo-Saxon Law and Scots Law." Scottish Historical Review 88, no. 2 (October 2009): 192–206. http://dx.doi.org/10.3366/e0036924109000857.

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Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests that the kingdom of the Scots could have been inspired by (or followed a parallel trajectory to) its Anglo-Saxon neighbour in its government's assumption of rights of amendment previously controlled by kin-groups. English influence on Scottish legal and constitutional development can therefore be seen in the tenth and eleventh centuries as much as it can in the twelfth and thirteenth centuries. The paper also suggests methods of examining the legal material in volume i of the Acts of the Parliaments of Scotland and effectively clears the way for further study of this neglected corpus of evidence.

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6

Fleming, C. J. W. "Feudal Dues in Lundazi." Journal of African Law 30, no. 2 (1986): 175–78. http://dx.doi.org/10.1017/s0021855300006549.

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The late Professor Gluckman adumbrated on the customary dues formerly made to the King in Barotseland. It might be of interest to consider similar imposts required on the other side of Zambia in the Lundazi District, and to note in particular that the distinction that is made in Barotseland between what Gluckman calls “Kingly things” and tribute also obtained in Lundazi as well.Feudal dues in Lundazi before the occupation fell roughly into four categories, “Kingly things”, here called regalia or the local vernacular word for them, vya chalo, things pertaining to the land; mithulo or tribute; msonko or land tax and chiŵeta or tribute labour.The vya chalo, as the name signifies, were things pertaining to the land which belonged to the chief in his capacity as the titular head of a land-owning clan and might not be taken or used by anyone else except with permission. Properly speaking vya chalo appear to have consisted only of the skins, with claws intact, of the larger carnivora, lion, leopard and cheetah, the skins of hartebeest and the plumage of the Livingstone Lourie.

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7

Radović, Mirjana. "Influence of Anglo-Saxon law on Serbian company law." Strani pravni zivot, no. 2 (2019): 33–44. http://dx.doi.org/10.5937/spz63-22552.

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8

Suzuki, Seiichi. "KALUZA’S LAW IN THE OLD SAXON." Amsterdamer Beiträge zur älteren Germanistik 68, no. 1 (2011): 27–52. http://dx.doi.org/10.1163/9789401207003_003.

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9

Winkler, John Frederick. "Roman law in Anglo‐Saxon England." Journal of Legal History 13, no. 2 (August 1992): 101–27. http://dx.doi.org/10.1080/01440369208531053.

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10

Černý, Miroslav. "Libri Feudorum und Ihr Ort in der Mittelalterlichen Rechtsgeschichte." Krakowskie Studia z Historii Państwa i Prawa 6, no. 4 (2013): 341–50. http://dx.doi.org/10.4467/20844131ks.13.021.1696.

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Libri Feudorum and Their Meaning in the Medieval Legal History Feudal Law, that was originally divided and fragmented like the entire medieval feudal world in which the law was created from disparate sources, gradually found its stable place alongside rediscovered Roman law and the newly organized canon law. At first, between 1154 and 1158, Obertus dall'Orto, a consul in Milan and expert of practical application of feudal law, wrote two letters to his son, Anselm, in which he summed up the elements of feudal law. This version is known as „Compilatio antiqua”. Around 1240 he was followed by Jacopo d’Ardizzone who wrote Summa feudorum. The last work called the Vulgate or Accursiana, that was divided into two books, was then incorporated in the most privileged place, right in the glossed Justinian legislation, behind the Novellae as the tenth amendment: Collatio. The subjects of these books included feudal relations between individual persons, a description of the investiture, different kinds of fiefs and the possibility of inheriting them. However, while Roman law of glossators was beginning its second life, feudal law represented rather the type of social relationships that (emptied from its original content) was coming to an end.

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11

Cairns, John. "Blackstone, The Ancient Constitution and the Feudal Law." Historical Journal 28, no. 3 (September 1985): 711–17. http://dx.doi.org/10.1017/s0018246x00003381.

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12

Saltman, Michael. "Feudal Relationships and the Law: A Comparative Enquiry." Comparative Studies in Society and History 29, no. 3 (July 1987): 514–32. http://dx.doi.org/10.1017/s0010417500014705.

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This essay is no more than a preliminary endeavor to examine analogies between principles of land tenure in the recent history of an East African society and what appear to be strikingly similar principles that obtained in the twelfth and thirteenth centuries in England. If these analogies are demonstrable with a reasonable degree of plausibility, a useful framework of reference may be established within which some broader theoretical issues can be discussed. One such issue is that, given a degree of structural similarity between two or more social systems, there might be a corresponding equivalence in the logic of legal thought in response to a common object of litigation—in this particular case, the subject of land tenure.

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13

Servín Caamaño, Abraham Alejandro. "The Recognition of Foreign Law: Foreign Maritime Liens under Mexican Law." Mexican Law Review 1, no. 19 (June 30, 2017): 45. http://dx.doi.org/10.22201/iij.24485306e.2017.19.11383.

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Maritime liens, without a doubt, are a unique and hugely important feature of maritime law. Broadly speaking, they represent a claim on or special right to a vessel. However, there is no uniformity when it comes to studying this unique feature. It is from the Anglo-Saxon jurisdictions that we get the majority of our information about its nature and associated problems. In this article, the law on maritime liens is examined through a comparative study of several Anglo-Saxon jurisdictions and Mexican law. Also under investigation are the problems that arise when a national court is faced with a maritime lien created under foreign law, and when that maritime lien differs from those liens established under the law that governs the domestic court.

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14

Mehmeti, Sami. "Magna Carta And The Roman Law Tradition." SEEU Review 11, no. 1 (December 1, 2015): 139–44. http://dx.doi.org/10.1515/seeur-2015-0017.

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Abstract Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England.

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15

Zendri, Christian. "Diritto feudale – diritto canonico – diritto pubblico." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 101, no. 1 (August 1, 2015): 389–98. http://dx.doi.org/10.7767/zrgka-2015-0113.

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Abstract Feudal Law - Canon Law - Public Law. Recent Research and Outlook. Feudal law is a classical topic of the legal history. A recent book by Maura Mordini about the ecclesiastic fee both in civil and in canon law gives cause for studying the relationship between the papal revolution (as Harold J. Berman has written), secular and spiritual laws and the origins of the public law.

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16

MATSUMURA, Katsujiro. "The Feudal Framework of The Land Law in Glanvill." Legal History Review, no. 40 (1990): 111–33. http://dx.doi.org/10.5955/jalha.1990.111.

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17

Sarakavik, Ivan. "Grand duchy of lithuania: towards feudal state of law." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2017, no. 865 (May 20, 2017): 29–37. http://dx.doi.org/10.23939/law2017.865.029.

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18

Davis, K. "Sovereign Subjects, Feudal Law, and the Writing of History." Journal of Medieval and Early Modern Studies 36, no. 2 (April 1, 2006): 223–61. http://dx.doi.org/10.1215/10829636-2005-001.

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19

Dodd, Leslie. "Thomas Craig on the origin and development of feudal law." Tijdschrift voor Rechtsgeschiedenis 87, no. 1-2 (June 18, 2019): 86–127. http://dx.doi.org/10.1163/15718190-08712p04.

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SummaryWhen Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored.

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20

Postles, David. "Gifts in Frankalmoign, Warranty of Land, and Feudal Society." Cambridge Law Journal 50, no. 2 (July 1991): 330–46. http://dx.doi.org/10.1017/s0008197300080521.

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In recent discussion, gifts to the religious have been perceived as exercising a formative influence in the forging of some norms and customs of feudal tenure during the twelfth century. On the one hand, it has been suggested that gifts to the church assisted the clarification in the mind of lay feudal society of the concept of heritability—that is, the future enjoyment of inheritance—since donors could not alienate in perpetuity that which was not already heritable. This suggestion is extremely important in view of the different perceptions of political and legal historians concerning the development of heritability of tenures and tenant right during the twelfth century, which are seen variously to have existed as social or legal norms from varying times and from different causes. A related argument runs that, whilst the warranty clause in charters (but not warranty per se) was initially conceived within the framework of the personal relationship between lord and man, its more widespread diffusion in charters was stimulated largely through the auspices of these religious beneficiaries of gifts in frankalmoign. The introduction of warranty into charters at the instance of religious beneficiaries is thus related to their concern to secure their own perpetual rights in the land at a time of a nascent realisation of hereditary tenant right, and the religious were thus foremost in the insertion of warranty clauses in charters which they, as beneficiaries, wrote or influenced, to secure their own unbridled tenure in perpetuity.

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21

Gibbs, Levi S. "“Forming Partnerships”: Extramarital Songs and the Promotion of China's 1950 Marriage Law." China Quarterly 233 (December 26, 2017): 211–29. http://dx.doi.org/10.1017/s0305741017001692.

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AbstractShortly after a push to promote China's 1950 Marriage Law in 1953, scholars from the Chinese Music Research Institute on a collection trip to a small locality in northern China encountered a large number of folksongs about extramarital affairs. They interpreted this as evidence of the need for marriage reform. The folksong lyrics highlighted controversial aspects of the Marriage Law by espousing one of the law's central tenets – free love – while also expressing women's desires to leave their husbands. In this article, I explore how the researchers placed the song lyrics in a liminal moral-temporal category between “feudal” arranged marriage and the new marriage system before declaring the songs to be relics of the victimization of women in a “feudal” past. I argue that additional light-hearted elements complicate the researchers’ conclusion and suggest that when the promotion of social agendas in the 1940s and 1950s cast songs about illicit affairs as morally ambiguous, Chinese scholars chose to ascribe the songs’ “roots” to other groups or to the “feudal” past of the people they sought to praise and/or transform.

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22

O'Keeffe, Katherine O'Brien. "Body and law in late Anglo-Saxon England." Anglo-Saxon England 27 (December 1998): 209–32. http://dx.doi.org/10.1017/s0263675100004865.

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This article explores some textual dimensions of what I argue is a crucial moment in the history of the Anglo-Saxon subject. For purposes of temporal triangulation, I would locate this moment between roughly 970 and 1035, though these dates function merely as crude, if potent, signposts: the years 970×973 mark the adoption of the Regularis concordia, the ecclesiastical agreement on the practice of a reformed (and markedly continental) monasticism, and 1035 marks the death of Cnut, the Danish king of England, whose laws encode a change in the understanding of the individual before the law. These dates bracket a rich and chaotic time in England: the apex of the project of reform, a flourishing monastic culture, efflorescence of both Latin and vernacular literatures, remarkable manuscript production, but also the renewal of the Viking wars that seemed at times to be signs of the apocalypse and that ultimately would put a Dane on the throne of England. These dates point to two powerful and continuing sets of interests in late Anglo-Saxon England, ecclesiastical and secular, monastic and royal, whose relationships were never simple. This exploration of the subject in Anglo-Saxon England as it is illuminated by the law draws on texts associated with each of these interests and argues their interconnection. Its point of departure will be the body – the way it is configured, regarded, regulated and read in late Anglo-Saxon England. It focuses in particular on the use to which the body is put in juridical discourse: both the increasing role of the body in schemes of inquiry and of punishment and the ways in which the body comes to be used to know and control the subject.

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23

Sharman, Frank A. "Feudal copyholder and industrial shareholder: The dimes case." Journal of Legal History 10, no. 1 (May 1989): 71–89. http://dx.doi.org/10.1080/01440368908530954.

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24

Palmer, Robert C. "The Origins of Property in England." Law and History Review 3, no. 1 (1985): 1–50. http://dx.doi.org/10.2307/743696.

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The English common law of real property, as S.F.C. Milsom has argued, took shape between 1153 and 1215. The common law gave royal protection to free tenements, replacing feudal relationships as the primary bond structuring society. The law thus constituted the institutional core of the English state. But no Machiavellian monarch constructed the English state. Henry II was, rather, a king who presumed the morality and necessity of feudal relationships. His innovations, though intentional and carefully planned, were directed at narrower and less far-sighted ends. Other changes were the result of bureaucratic action. The complex interplay between present-oriented political or juridical decisions and bureaucratic rigor generated a legal system.

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25

Dyzenhaus, David. "An Unfortunate Outburst of Anglo-Saxon Parochialism." Modern Law Review 68, no. 4 (July 2005): 673–76. http://dx.doi.org/10.1111/j.1468-2230.2005.555_4.x.

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26

Plotskaya, O. A. "COMMON LAW IN MEDIEVAL HUNGARIAN SOURCES." BULLETIN 3, no. 391 (June 12, 2021): 159–64. http://dx.doi.org/10.32014/2021.2518-1467.115.

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This work examines the issues of consolidation of customary law in medieval Hungarian sources. The relevance of the study of customary law as the most important part of the socio-normative culture and the traditional legal regulator, normatively fixing ethnic identity, expressed not only in the national-cultural worldview, but also in the written medieval Hungarian sources that operated for many centuries, starting from the origins of the creation of the Hungarian state until the beginning of the XVI century, no doubt. The aim of the work is to study customary law, its institutions in the sources of law of medieval Hungary. The novelty of the research lies in the fact that it analyzes the empirical historical and legal material, which makes it possible to identify the institutions of customary law in the medieval Magyar sources of law. In a comprehensive study of customary legal aspects, in Hungarian sources of law, it is important to be guided not only by the formational approach, which makes it possible to understand the changes that took place in the medieval period, during the emergence and development of feudal relations in the Western European state, but also by the civilizational approach, revealing the historical, political, socio-cultural components of the feudal Christian state. The methodological basis of this research is formed by a system of cognitive methods developed by various modern sciences. Thanks to the application of the systemic method, the customary law of the Hungarian people is important to consider as an element of the legal space of Hungary as a Central European state. The study shows that the Hungarians had a law as their initial act. Many Hungarian customs and customary legal institutions found their fixation precisely in written sources of law.

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27

Carella, Bryan. "The Earliest Expression for Outlawry in Anglo-Saxon Law." Traditio 70 (2015): 111–43. http://dx.doi.org/10.1017/s0362152900012356.

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In this article, I seek to define the difficult legal phraseutroque iure caruerunt(“and they have been deprived of both laws”), which appears incapitulumXII of the Legatine Capitulary of 786 (a collection of canons promulgated ostensibly by a papal legation sent to England in order to address unspecified abuses), describing a punitive sanction for malefactors who have committed or conspired to commit the crime of regicide. I have been able to identify no parallel occurrence of this phrase in any culturally similar or temporally proximate documents, leaving me with little beyond the text itself to seek evidence for its precise meaning. Since it has been demonstrated recently that Alcuin — a native-born Anglo-Saxon and a Northumbrian — was intimately involved in drafting the Legatine Capitulary (if, indeed, he was not the sole author), and moreover, since this phrase appears in a text composed in the first instance for a Northumbrian audience, I argue that this phrase is deeply rooted in Anglo-Saxon legal precedents. I conclude that the phrase signifies that those guilty of regicide should be deprived of both secular and ecclesiastical law, that is, that they should be both outlawed and excommunicated. As such, this phrase represents the first reference to the legal sanction of outlawry in Anglo-Saxon law by more than a century. Additionally, this phrase would appear to take for granted the close cooperation between ecclesiastical and secular jurisprudence specifically to punish crime, a feature of Anglo-Saxon law likewise not formally described (according to current thought) until more than a century later. I finish by considering the implications of my argument for the history of Anglo-Saxon law, suggesting in particular that we must revise currently held opinions about the pace of its development, particularly in the Anglian North, where — due most likely to the loss of evidence resulting from the Viking invasions — very little primary-text evidence has survived.

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28

Homoki-Nagy, Mária. "Private Law in Transylvania as Part of the Habsburg Monarchy." Acta Universitatis Sapientiae Legal Studies 9, no. 2 (January 15, 2021): 307–45. http://dx.doi.org/10.47745/ausleg.2020.9.2.06.

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In the course of our following study, we present the transformation of feudal institutions of private law in force in Transylvania in the early modern period and their modernization during the time when this historical region was under the control of the Habsburg Monarchy both in its absolutist (imperial) and dualist forms. We show that the sources of private law in this period were initially those enacted during the Middle Ages, which were gradually updated by the enlightened absolutist Habsburg rulers, resulting in norms fit for the bourgeois period of capitalist development at the end of the 19th century. We observe that law applicable to legal capacity and its exercise by natural persons and to families gradually developed to undo the feudal bonds and incapacities prevalent during the Middle Ages. The same was true for property law, as well as the law which governed inheritance. Also, a previously less significant field of law, commercial law, evolved spectacularly in this era, creating the framework for modern economic exchange, vibrant trade, and security of credit. The perspectives of Romanian legal history literature regarding this era are also presented.

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29

Galina, Maria V.Kicha, Nikolay, Alla, Gennady, and Valery. "Contemporary Lawmaking in Anglo Saxon Law: Problems and Prospects." International Journal of Economics and Business Administration VIII, Issue 4 (October 1, 2020): 778–85. http://dx.doi.org/10.35808/ijeba/627.

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30

Harte, Jeremy. "Language, Law, and Landscape in the Anglo-Saxon World." Time and Mind 8, no. 1 (January 2, 2015): 51–67. http://dx.doi.org/10.1080/1751696x.2014.1001166.

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31

Carella, Bryan. "The Earliest Expression for Outlawry in Anglo-Saxon Law." Traditio 70, no. 1 (2015): 111–43. http://dx.doi.org/10.1353/trd.2015.0001.

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32

Rubin, Stanley. "Thebot, or composition in Anglo‐Saxon law: A reassessment." Journal of Legal History 17, no. 2 (August 1996): 144–54. http://dx.doi.org/10.1080/01440369608531153.

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33

Lambert, T. B. "Theft, Homicide and Crime in Late Anglo-Saxon Law." Past & Present 214, no. 1 (February 1, 2012): 3–43. http://dx.doi.org/10.1093/pastj/gtr040.

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34

Bord, Lucien-Jean. "Tom Lambert, Law and Order in Anglo-Saxon England." Cahiers de civilisation médiévale, no. 242 (April 1, 2018): 193–94. http://dx.doi.org/10.4000/ccm.4895.

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Wynn, Michael. "Feudal societies and Hobbit law: The story of ‘The Hobbit amendment’." Small Enterprise Research 22, no. 2-3 (July 16, 2015): 131–45. http://dx.doi.org/10.1080/13215906.2015.1052343.

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Macnair, Mike. "Law, Politics, and the Jury." Law and History Review 17, no. 3 (1999): 603–7. http://dx.doi.org/10.2307/744384.

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I am grateful for the opportunity to clarify some parts of my argument that is afforded by the comments of Charles Donahue and Patrick Wormald. I should say at the outset that I am not seeking to propose a monocausal explanation of the origins of the generalized use of jury trial at common law, whether a “stirps” or a “smoking gun” (Donahue), or to exclude altogether the relevance of Anglo-Saxon practice or strong government (Wormald)—though I am pretty skeptical of the specific Carolingian-Norman lineage proposed by Brunner.

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de la Fuente, Alejandro. "Slavery and the Law: A Reply." Law and History Review 22, no. 2 (2004): 383–87. http://dx.doi.org/10.2307/4141652.

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I have come to learn that unless one does it in unabashedly critical terms, including “slavery” and “Tannenbaum” in the same sentence is an intellectual exercise fraught with perils. The sole mention of Tannenbaum elicits images of benevolent Spanish and Portuguese masters in contrast to cruel Anglo-Saxon slaveowners, or of rigid dichotomies between racist North America and racially harmonious Latin America. These images clearly influence the comments of my critics, even though they have limited relevance for the central arguments of my article.

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Squitieri, Christina M. "“O loyal father?”: Aumerle, Treason, and Feudal Law in Shakespeare's Richard II." Shakespeare 15, no. 1 (December 15, 2017): 32–47. http://dx.doi.org/10.1080/17450918.2017.1408137.

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Jorgensen, Torben Beck. "From Continental Law to Anglo-Saxon Behaviorism: Scandanavian Public Administration." Public Administration Review 56, no. 1 (January 1996): 94. http://dx.doi.org/10.2307/3110060.

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Roach, Levi. "Law codes and legal norms in later Anglo-Saxon England." Historical Research 86, no. 233 (July 1, 2013): 465–86. http://dx.doi.org/10.1111/1468-2281.12001.

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Brzeziński, Bogumił. "COMPLEXITY OF TAX LAW: THE ANGLO-SAXON POINT OF VIEW." Comparative Law Review 21 (February 6, 2017): 13. http://dx.doi.org/10.12775/clr.2016.001.

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Young, Helen. "Athelston and English Law: Plantagenet Practice and Anglo-Saxon Precedent." Parergon 22, no. 1 (2005): 95–118. http://dx.doi.org/10.1353/pgn.2005.0062.

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Postma, Gertjan. "On the Sound Change PGmc /hʷ/ > /f/, the Etymology of Du lijfeigen, and the Malberg Gloss leodardi." Amsterdamer Beiträge zur älteren Germanistik 79, no. 2 (August 8, 2019): 156–77. http://dx.doi.org/10.1163/18756719-12340148.

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Abstract A well-known exception to Grimm’s Law, /kʷ/ > /f/ instead of /kʷ/ > /hʷ/, is taken as a starting point and its reflexes in Middle Dutch and Sal-Frankic are discussed. As to the PIE root *leikʷ-, MD and MLG līf- in the compounds līfeigen ‘owned by the fief’, līftuht ‘feudal law’, and līfcōp ‘feudal transaction fee’ is identified as derived from this root under a regular sound change, which is coined Uhlenbeck’s Law. Uhlenbeck’s Law acts as a resolution of a pansyllabic constraint, not a constraint on roots. As to Sal-Frankic, the new etymology of SF leo- ‘related to the tenements’’, and by extention ‘agricultural’, sheds new light on the structure of the Lex Salica. It is argued that the tripartite manorial system of land tenure has reflexes in juridical terminology of this archaic legal document.

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Seabourne, Gwen. "Capital and Corporal Punishment in Anglo-Saxon England." Journal of Legal History 37, no. 1 (January 2, 2016): 112–14. http://dx.doi.org/10.1080/01440365.2016.1144269.

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Gordon, Michael D., and Manuel J. Pelaez. "Orlandis 70, Estudios de Derecho Privado y Penal Romano, Feudal y Burgues." American Journal of Legal History 35, no. 1 (January 1991): 99. http://dx.doi.org/10.2307/845584.

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Qu, Sanqiang. "A dilemma for feudal China: To launch a copyright scheme in the late 19th century." Frontiers of Law in China 5, no. 3 (August 27, 2010): 319–41. http://dx.doi.org/10.1007/s11463-010-0101-5.

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Harwick, Cameron, and Hilton Root. "The Feudal Origins of the Western Legal Tradition." ORDO 2019, no. 70 (March 16, 2019): 3–20. http://dx.doi.org/10.1515/ordo-2020-0004.

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AbstractThis paper draws a distinction between ‘communitarian’ and ‘rationalist’ legal orders on the basis of the implied political strategy. We argue that the West’s solution to the paradox of governance – that a government strong enough to protect rights cannot itself be restrained from violating those rights – originates in certain aspects of the feudal contract, a confluence of aspects of communitarian Germanic law, which enshrined a contractual notion of political authority, and rationalistic Roman law, which supported large-scale political organization. We trace the tradition of strong but limited government to the conflict between factions with an interest in these legal traditions – nobles and the crown, respectively – and draw limited conclusions for legal development in non-Western contexts.

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Stella, Attilio. "Bringing the feudal law back home: social practice and the law of fiefs in Italy and Provence (1100–1250)." Journal of Medieval History 46, no. 4 (June 9, 2020): 396–418. http://dx.doi.org/10.1080/03044181.2020.1775685.

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ELLIOT, MICHAEL D. "New Evidence for the Influence of Gallic Canon Law in Anglo-Saxon England." Journal of Ecclesiastical History 64, no. 4 (September 9, 2013): 700–730. http://dx.doi.org/10.1017/s002204691300153x.

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The importance of canon law collections to Anglo-Saxon legal culture has long been thought negligible, especially in comparison to the considerable importance of an alternative genre of canonical literature known as the penitential handbook. Over the past several decades, however, evidence for the use and circulation of continental canon law collections in pre-Conquest England has been mounting, to the extent that it could challenge traditional notions about the dominance of penitential law in the early English Church. This study presents new evidence for the reception in Anglo-Saxon England of a major continental collection known as theCollectio vetus Gallica.

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Jones, N. G. "Long Leases and the Feudal Revenue in the Court of Wards, 1540–1645." Journal of Legal History 19, no. 1 (April 1998): 1–22. http://dx.doi.org/10.1080/01440361908539563.

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