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From the point of view of economic history, the ideal way to study any institution of commercial law would be to compare the information contained in legal codes and treatises with the material relating to its application in economic life as manifested by actual contracts, letters, and business records found in archives and other repositories. In the case of the early centuries of the Islamic period, available sources unfortunately preclude such a procedure. Theoretical legal texts exist in abundance, but any corresponding documentary material is for all practical purposes non-extant. In order to determine if the framework in which the trade and commerce of the early Islamic period was carried on--a trade known to have been active and important--we must of necessity rely on legal treatises for most of our information, which trying wherever possible to call upon whatever meager help other literary sources may provide. In the absence of documentary and similar sources, the possibility of investigating the quantitative aspects of trade is all but eliminated. However, in those areas of trade which have been described as qualitative, such as the variety of goods exchanged, the specialization of the merchant class, and the complexity of business methods, legal and other literary sources provide a great deal of valuable information. It is with the institutions of partnership and commends in the early Islamic period, two of the qualitative components of trade, that Abraham L. Udovitch makes his primary focus in Partnership and Profit in Medieval Islam.

Law, Medieval. --- Partnership (Islamic law). --- Partnership (Islamic law) --- Medieval law --- Islamic law

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This volume is an indispensable resource for scholars and students of medieval Scandinavia. This polyglot dictionary draws on the vast and vibrant range of vernacular legal terminology found in medieval Scandinavian texts - terminology which yields valuable insights into the quotidian realities of crime and retribution; the processes, application and execution of laws; and the cultural and societal concerns underlying the development and promulgation of such laws.

Scandinavian languages. --- Law, Medieval. --- Medieval law --- Nordic languages --- Norse languages --- North Germanic languages --- Germanic languages

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Law, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law's beginnings have survived in some cases. In this book, scholars from various disciplines-linguists, lawyers, historians, anthropologists-present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained.

Law --- Law, Ancient. --- Law, Medieval. --- Law, Oriental. --- History. --- Oriental law --- Medieval law --- Ancient law

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This open access book analyses the practice of banishment and what it can tell us about the values of late medieval society concerning morally acceptable behaviour. It focuses on the Dutch town of Kampen and considers the exclusion of offenders through banishment and the redemption of individuals after their exile. Banishment was a common punishment in late medieval Europe, especially for sexual offences. In Kampen it was also meted out as a consequence of the non-payment of fines, after which people could arrange repayment schemes which allowed them to return. The books firstly considers the legal context of the practice of banishment, before discussing punishment in Kampen more generally. In the third chapter the legal practice of banishment as a punitive and coercive measure is discussed. The final chapter focuses on the redemption of exiles, either because their punishment was completed, or because they arranged for the payment of outstanding fines.

European history --- Social & cultural history --- Legal history --- exile --- Kampen --- crime --- Late Middle Ages --- Low Countries --- medieval law courts --- Open Access

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Legal humanism has become deeply entrenched in most modern works on European legal history from the 17th century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. As a result, it has been used to substantiate larger claims about the death of Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of 'dogmatic' Roman law as opposed to 'antiquarian' Roman law. Now, the traditional grand narratives of European legal history have begun to be questioned, to the extend that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volume interrogates the orthodox views regarding legal humanism and its legacy. Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international experts in related fields of legal and intellectual history to debate the central issues

Humanistes --- Juristes --- Law, Medieval --- Humanism --- Philosophy --- Classical education --- Classical philology --- Philosophical anthropology --- Renaissance --- History. --- History --- Law --- Humanistes. --- Juristes. --- Humanism. --- Law, Medieval. --- Philosophy. --- Medieval law --- Jurisprudence --- Law - Philosophy