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Melodie Harris Eichbauer - Law as Profession and Practice in Medieval Europe: Essays in Honor of James A. Brundage

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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 Brundages 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 Brundages 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 Brundages 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 Brundages path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundages work.

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LAW AS PROFESSION AND PRACTICE IN MEDIEVAL EUROPE

James Arthur Brundage Law as Profession and Practice in Medieval Europe Essays - photo 1

James Arthur Brundage

Law as Profession and Practice in Medieval Europe

Essays in Honor of James A. Brundage

Edited by

KENNETH PENNINGTON
The Catholic University of America, USA

and

MELODIE HARRIS EICHBAUER
Florida Gulf Coast University, Fort Myers, USA

ASHGATE

Kenneth Pennington and Melodie Harris Eichbauer 2011

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

Kenneth Pennington and Melodie Harris Eichbauer have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

Published by
Ashgate Publishing Limited
Wey Court East
Union Road
Farnham
Surrey, GU9 7PT
England

Ashgate Publishing Company
Suite 420
101 Cherry Street
Burlington VT 05401-4405
USA

www.ashgate.com

British Library Cataloguing in Publication Data
Pennington, Kenneth.

Law as profession and practice in medieval Europe : essays in honor of James A. Brundage.

1. Law, Medieval. 2. Law--Europe--History. 3. Practice of law--Europe--History.

I. Title II. Brundage, James A. III. Eichbauer, Melodie Harris.
340.5'5-dc22

Library of Congress Cataloging-in-Publication Data
Law as profession and practice in medieval Europe : essays in honor of James A. Brundage / [edited by] Kenneth Pennington and Melodie Harris Eichbauer.

p. cm.

Includes bibliographical references and index.
ISBN 978-1-4094-2574-8 (hbk) -- ISBN 978-1-4094-2575-5 (ebk)

1. Law--Europe--History--To 1500. 2. Canon law--History--To 1500. 3. Law, Medieval.
I. Pennington, Kenneth. II. Eichbauer, Melodie Harris. III. Brundage, James A.

KJ147.L385 2011
340.5'5--dc22

2011009814

ISBN 978 1 4094 2574 8 (hbk)
ISBN 978 1 4094 2575 5 (ebk)
ISBN 9781409482543 (ebk-ePUB)

Contents


Melodie Harris Eichbauer


Olivia Robinson


Thomas M. Izbicki


James M. Powell


Brian Tierney


Charles J. Reid, Jr.


Kenneth Pennington


James Muldoon


Edward Peters


Patrick Zutshi


R.H. Helmholz


Peter Landau


Elizabeth Makowski


Marjorie Chibnall


Michael Gervers and Nicole Hamonic


Charles Donahue, Jr.


Richard Kay


Glenn W. Olsen


Jonathan Riley-Smith


Robert Somerville


Melodie Harris Eichbauer

List of Figures
List of Abbreviations

The following sigla are used without further explanation:

JK, JE, JL

Jaff, Regesta pontificum romanorum ed. secundam curaverunt F. Kaltenbrunner (JK: an. ?590), P. Ewald (JE: an. 590882), S. Loewenfeld (JL: an. 8821198)

MGH

Monumenta Germaniae historica

Auct. ant.

Auctores antiquissimi

Capit.

Capitularia

Conc.

Concilia

Const.

Constitutiones

D - DD

Diploma - Diplomata

Dt. Chron.

Deutsche Chroniken

Epp.

Epistolae (in Quart)

Epp. saec. XIII

Epistolae saeculi XIII

Epp. sel.

Epistolae selectae

Fontes iuris

Fontes iuris Germanici antiqui, Nova series

Ldl

Libelli de lite imperatorum et pontificum

LL

Leges (in Folio)

LL nat. Germ.

Leges nationum Germanicarum

Poetae

Poetae Latini medii aevi

SS

Scriptores

SS rer. Germ.

Scriptores rerum Germanicarum in usum scholarum separatim editi

SS rer. Germ. N.S.

Scriptores rerum Germanicarum, Nova series

SS rer. Lang.

Scriptores rerum Langobardicarum

MIC

Monumenta iuris canonici

Ser. A

Series A: Corpus Glossatorum

Ser. B

Series B: Corpus Collectionum

Ser. C

Series C: Subsidia

PL

Patrologia latina

ZRG Kan. Abt.

Zeitschrift der Savigny-Stiftung fr Rechtsgeschichte, Kanon-istische Abteilung

ZRG Rom. Abt.

Zeitschrift der Savigny-Stiftung fr Rechtsgeschichte, Roman-istische Abteilung

Introduction

Melodie Harris Eichbauer

James Arthur Brundage began his brilliant career in Nebraska. Writing a thesis under Edgar N. Johnson in 1951 with the title The Chronicle of Henry of Livonia, Jim earned his Master of Arts degree from the University of Nebraska. Ten years later he published his thesis with the University of Wisconsin Press. He completed his post graduate studies at Fordham University in 1955, writing the dissertation The Compoti of Bursars of Whalley Abbey under the direction of Jeremiah F. OSullivan. He began his academic career in 1957 in the History Department of the University of WisconsinMilwaukee where he taught until 1989. In that year he became the Ahmanson-Murphy Professor of History at the University of Kansas. He retired in 2000. Throughout his illustrious career at both universities, Jim has accumulated numerous distinctions: a Guggenheim fellow from 1963 to 1964, a Fulbright Senior Lecturer at the University of Madrid from 1967 to 1968, a National Endowment for the Humanities fellow at the Newberry Library from 1983 to 1984, and a recipient of the John Gilmary Shea prize from the American Catholic Historical Association in 1998. He became a fellow of the Royal Historical Society in 1978, a Life Member of Clare Hall at Cambridge in 1985, and a fellow of the Medieval Academy of America in 1990. He also has served as an associate editor of the Journal of Medieval History since 1974 and as an associate editor of the Journal of the History of Sexuality from 1993 to 1998.

His productivity has been prodigious and continues today on the eve of his eightieth birthday. In over 400 publicationsconsisting of monographs, articles, reviews, and contributions to dictionaries, encyclopedias, and collected essayslegal history has been the foundation of Professor Brundages work. He has added to our knowledge of legal theory and the evolution of the legal profession. He also has explained how legal developments influenced marriage and sexuality, and the crusade movement.

His work has been wide-ranging and has explored many nooks and crannies of the medieval church and society. In The Decretalists and the Greek Church of South Italy (1973) and Canon Law as an Instrument for Ecclesial Reform: An Historical Perspective (1984) he explored the inner workings Professor Brundage brought these essays together in

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