This second collection of papers by Peter Edbury focuses primarily on the literature either composed in the Latin East or closely associated with it. The legal treatises from the kingdom of Jerusalem and from Cyprus and Antioch have long been recognized as providing insights into the juridical and social history of these places in the twelfth and thirteenth centuries, and some of the papers re-issued here reflect the author's work in re-editing two of the most famous of these treaties, those by John of Ibelin-Jaffa and Philip of Novara. The studies on historical literature are chiefly concerned with vernacular texts, most notably the Old French translation of William of Tyre and its Continuations, again much a result of his current work on a new edition of the Continuations and the associated text known as La Chronique d'Ernoul. Other papers concerned with aspects of the narrative traditions that furnish a significant part of our knowledge of Lusignan Cyprus in the thirteenth and fourteenth centuries, and with which in one way or another Peter Edbury has been engaged since the early 1970s.

This is the first book devoted to the study of burgesses in the Latin Kingdoms of Jerusalem and Cyprus (1099-1325). It offers a comprehensive assessment of the contributions made by the non-feudal class to the development of legal and commercial institutions in the 12th, 13th and 14th centuries. Dispensing with the commonly held view that burgesses had only marginal influence, evidence is presented to illustrate how the existence of a 'middle class' was essential to the ambitions of the kingdoms' leaders. A systematic examination of all relevant contemporary source material - charters, law-books and narrative accounts - sheds light on how serfs and freemen, originating from diverse regions of Europe, were able to organise themselves into a class whose status set them apart from non-Latin Christians and Muslims. The study considers at length the different ways in which burgess legislation was formulated; traces the gradual development of the Cour des Bourgeois, the court of burgesses, in terms of its composition and competence; describes in detail the burgess laws of Acre and Nicosia which related, for example, to marriage and inheritance; and defines the special characteristics of a type of property known as a borgesie which was mostly but not exclusively in the hands of burgesses. Dr Nader's research, furthermore, reveals the complexity of burgess jurisdiction and legislation in the East, and advocates the theory that secular courts established by ecclesiastical institutions exercised authority over burgesses and borgesies in matters which went beyond the parameters of purely ecclesiastical jurisdiction.

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

In the wake of Jerusalem's fall in 1099, the crusading armies of western Christians known as the Franks found themselves governing not only Muslims and Jews but also local Christians, whose culture and traditions were a world apart from their own. The crusader-occupied swaths of Syria and Palestine were home to many separate Christian communities: Greek and Syrian Orthodox, Armenians, and other sects with sharp doctrinal differences. How did these disparate groups live together under Frankish rule? In The Crusades and the Christian World of the East, Christopher MacEvitt marshals an impressive array of literary, legal, artistic, and archeological evidence to demonstrate how crusader ideology and religious difference gave rise to a mode of coexistence he calls "rough tolerance." The twelfth-century Frankish rulers of the Levant and their Christian subjects were separated by language, religious practices, and beliefs. Yet western Christians showed little interest in such differences. Franks intermarried with local Christians and shared shrines and churches, but they did not hesitate to use military force against Christian communities. Rough tolerance was unlike other medieval modes of dealing with religious difference, and MacEvitt illuminates the factors that led to this striking divergence. "It is commonplace to discuss the diversity of the Middle East in terms of Muslims, Jews, and Christians," MacEvitt writes, "yet even this simplifies its religious complexity." While most crusade history has focused on Christian-Muslim encounters, MacEvitt offers an often surprising account by examining the intersection of the Middle Eastern and Frankish Christian worlds during the century of the First Crusade.

History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties

This volume celebrates Peter Edbury’s career by bringing together seventeen essays by colleagues, former students and friends which focus on three of his major research interests: the great historian of the Kingdom of Jerusalem, William of Tyre, and his Historia rerum in partibus transmarinis gestarum and its continuations; medieval Cyprus, in particular under the Lusignans; and the Military Orders in the Middle Ages. All based on original research, the contributions to this volume include new work on manuscripts, ranging from a Hospitaller rental document of the twelfth century to a seventeenth-century manuscript of Cypriot interest; studies of language and terminology in William of Tyre’s chronicle and its continuations; thematic surveys; legal and commercial investigations pertaining to Cyprus; aspects of memorialization, and biographical studies. These contributions are bracketed by a foreword written by Peter Edbury’s PhD supervisor, Jonathan Riley-Smith, and an appreciation of Peter’s own publications by Christopher Tyerman.

Medieval Westerners accepted killing for religion and praised the outcome of the First Crusade (1096-1099). At the same time, their attitude to violence was ambivalent. Theologians shunned the practical use of force, while the warrior aristocracy valued the capacity for physical destruction. In the absence of theological doctrine on the practicalities of holy warfare, the first crusaders draw their ideas about killing from diverse and sometimes conflicting traditions. This book answers questions about how religious violence was described, justified and remembered in the sources of the First Crusade. What was the relation between faith, convention, and action?

Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of this method point out that only the higher courts’ decisions are subject to comparison, and most cases do not reach this stage. Finally, comparisons of legal theories are praised for enabling us to know the spirit of the laws, yet opponents would argue that many countries sharing the same theory would draw opposite conclusions from it. This book is a result of the attempted (and successful) introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.