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The Upheaval of the late Middle Ages D.18.10.19

18 Oct

The years from 1300 to 1500 CE often referred to by historians as the late Middle Ages were a time of enormous upheaval in Europe.
A famous work of popular history, Barbara Tuckman’s A Distant Mirror, is subtitled The Calamitous 14th Century, and the period lives up to its billing.
It was a period of endemic warfare between European states, of enormous instability in the church, and worst of all, it was the time of the devastating plague known as the Black Death.
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The Law and Time D.18.10.18

17 Oct

How did someone presume at some time what was law? Laws have been written for hundreds or thousands of years. And in time a judge decided what was law.
In other words, how did someone, presumably someone intelligent, some one with good knowledge of law, how did someone come to a decision about what was law?
There was a manifestation in the way that Medieval life became increasingly regulated by legal codes.
It was not only about the world that existed after the fall of the Roman Empire, where powerful men with swords riding horses could do whatever they wanted, whenever they wanted, because they had the swords and the horses.
This was about everyday people who were faced with the beginnings of a modern system where the rule of law became paramount.
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Medieval Common Law D.18.10.17

16 Oct

Common Law was mostly developed in England. It was important primarily for the English legal tradition and then Anglo-American legal tradition in the United States, Canada, Australia, and other countries whose law was based on English law.
Common law, more than civil law, based its decisions of precedent. In other words when a case was brought to court the lawyers and the judge had to look at previous cases and how they were decided and use those precedents.
The way the cases were decided before as ways of deciding the case at hand. This played a role in civil law based on the Justinian Code, but was much more prevalent in English Common Law. This made law much more flexible, because things changed over time, rather than what was written in books.
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Church Influence in Middle Ages D.18.10.16

16 Oct

In the Middle Ages, so many things were Influenced by, or under control of the church. For example, the finances of the monastery, was subject to Canon law rather than civil law.
With the financial importance, economic importance of monasteries in that period, this was not a small thing.
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Medieval Kings and Law D.18.10.15

14 Oct

There was a change over time when the kings didn’t always oversee the law. The idea that the king was not just the judge of the law.
Another kind of law was canon law, and that was law that was developed within the church, from the Papal Decretals.
The Papal Decretals were statements made by various Popes on church law. There was a parallel law developing within the church to deal with matters in the church, that ran parallel to the civil law, which operated in the rest of society.
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The Early School of Studies D.18.10.13

13 Oct

The school of Bologna opened in 1088. It was one of the first universities anywhere, and one of the first things it did was to train lawyers.
The University of Bologna specialized in two kinds of law. Civil law, which was the Roman law brought down from the Justinian Code and the cannon law, the law of the church.
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The Middle Ages and the law D.18.10.12

11 Oct

Around the time of the high Middle Ages King John was being forced to limit his powers by the barons through Magna Carta.
At the same time there was a growth in the study and importance of law all throughout Europe.
The University of Bologna in northern Italy, was the world’s first law school, or at least Europe’s first law school.
The school of Bologna opened in 1088.
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