This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.

This authoritative survey of Britain in the later Middle Ages comprises 28 chapters written by leading figures in the field. Covers social, economic, political, religious, and cultural history in England, Ireland, Scotland, and Wales Provides a guide to the historical debates over the later Middle Ages Addresses questions at the leading edge of historical scholarship Each chapter includes suggestions for further reading

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

Law in Common draws on a large body of unpublished archival material from local archives and libraries across the country, to show how ordinary people in the later Middle Ages - such as peasants, craftsmen, and townspeople - used law in their everyday lives, developing our understanding of the operation of late-medieval society and politics.

The records of manorial courts have been used increasingly as the principal source for the reconstruction of rural and small town society in medieval England. They offer a unique source with which to investigate peasant demography, family patterns, the village community and economy, the characteristics and instruments of customary law, and the ways in which that law was perceived and exploited by landlords and tenants. The essays in this collection provide novel approaches to all of these themes and are written by many of the historians who have pioneered the use of this source category in the last two decades. In two introductory chapters, the editors review the historiography of manorial court rolls and account for their origins as a distinctive record of customary law within the broad context of medieval European society. A valuable appendix contains an inventory of the most comprehensive unprinted manorial court roll series arranged systematically on a county-to-county basis, detailing the repository in which they are located. This book will serve as an essential reference tool for any serious study of medieval English rural society.

Providing a new narrative of how local authority and social structures adapted in response to the decline of lordship and the process of state formation, Spike Gibbs uses manorial officeholding – where officials were chosen from among tenants to help run the lord's manorial estate – as a prism through which to examine political and social change in the late medieval and early modern English village. Drawing on micro-studies of previously untapped archival records, the book spans the medieval/early modern divide to examine changes between 1300 and 1650. In doing so, Gibbs demonstrates the vitality of manorial structures across the medieval and early modern era, the active and willing participation of tenants in these frameworks, and the way this created inequalities within communities. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

This volume explores some of the many different meanings of community across medieval Eurasia. How did the three ‘universal’ religions, Christianity, Islam and Buddhism, frame the emergence of various types of community under their sway? The studies assembled here in thematic clusters address the terminology of community; genealogies; urban communities; and monasteries or ‘enclaves of learning’: in particular in early medieval Europe, medieval South Arabia and Tibet, and late medieval Central Europe and Dalmatia. It includes work by medieval historians, social anthropologists, and Asian Studies scholars. The volume present the results of in-depth comparative research from the Visions of Community project in Vienna, and of a dialogue with guests, offering new and exciting perspectives on the emerging field of comparative medieval history. Contributors are (in order within the volume) Walter Pohl, Gerda Heydemann, Eirik Hovden, Johann Heiss, Rüdiger Lohlker, Elisabeth Gruber, Oliver Schmitt, Daniel Mahoney, Christian Opitz, Birgit Kellner, Rutger Kramer, Pascale Hugon, Christina Lutter, Diarmuid Ó Riain, Mathias Fermer, Steven Vanderputten, Jonathan Lyon and Andre Gingrich.

The Oxford Handbook of Medieval Central Europe summarizes the political, social, and cultural history of medieval Central Europe (c. 800-1600 CE), a region long considered a "forgotten" area of the European past. The 25 cutting-edge chapters present up-to-date research about the region's core medieval kingdoms -- Hungary, Poland, and Bohemia -- and their dynamic interactions with neighboring areas. From the Baltic to the Adriatic, the handbook includes reflections on modern conceptions and uses of the region's shared medieval traditions. The volume's thematic organization reveals rarely compared knowledge about the region's medieval resources: its peoples and structures of power; its social life and economy; its religion and culture; and images of its past.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1977.

Since emerging in the late nineteenth century, political science has undergone a radical shift--from constructing grand narratives of national political development to producing empirical studies of individual political phenomena. What caused this change? Modern Political Science--the first authoritative history of Anglophone political science--argues that the field's transformation shouldn't be mistaken for a case of simple progress and increasing scientific precision. On the contrary, the book shows that political science is deeply historically contingent, driven both by its own inherited ideas and by the wider history in which it has developed. Focusing on the United States and the United Kingdom, and the exchanges between them, Modern Political Science contains contributions from leading political scientists, political theorists, and intellectual historians from both sides of the Atlantic. Together they provide a compelling account of the development of political science, its relation to other disciplines, the problems it currently faces, and possible solutions to these problems. Building on a growing interest in the history of political science, Modern Political Science is necessary reading for anyone who wants to understand how political science got to be what it is today--or what it might look like tomorrow.