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Vernacular Law
Ada Maria Kuskowski
出版Cambridge University Press, 2022-11-03
主題History / Europe / GeneralHistory / Europe / MedievalLaw / GeneralLaw / Legal HistoryPolitical Science / Comparative Politics
ISBN10092178959781009217897
URLhttp://books.google.com.hk/books?id=BhSUEAAAQBAJ&hl=&source=gbs_api
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註釋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.