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"The Frame of Legal Customs" ("Der Rahmen der Rechtsgewohnheiten") attempts to interchange results from two scientific disciplines, legal theory and legal history for the middle ages. The first part describes the present and in the sphere of legal theory not unypical view of law as a system of norms as introduced by theorists like Hans Kelsen ore H.L.A. Hart. Main target of criticism is the concept of law as provided by legal positivism, pointing out the problems of the logic of norms and the speech-act-theoretical background of this concept. The second part shows the inadequacy of the modern concept of law - which faces law as system of norms - for the situation of the early middle ages, when law was practiced in judicial assemblies in a strict oral manner without the common use of written texts. Results of German legal history which assume a more differentiated structure of legal thinking (based on incompatible categories of law: "recht", "Gebot", "Willkür") instead of one comprehensive notion of law, are discussed. The third part is dedicated to the close examination of the concept of law of three of the most important legal historians in Germany (Karl Kroeschell, Gerhard Dilcher, Jürgen Weitzel). The fourth and last part offers an alternative approach to the problem, how legal thinking and legal practice can be understood in premodern societies. It starts at the fundamental criticism of legal positivism, which can be found in the work of Ronald Dworkin ("law as integrity") and earlier at Carl Schmitts concept of concrete order ("Konkretes Ordnungsdenken"). The correlation between the role of legal rules, decisions and orders is discussed within the proposed theoretical frame. Finally the notion of order-configurations ("Ordnungskonfigurationen"), which has been brought into discussion by Stefan Weinfurter, is compared to the concept of law as a form of concrete order as developed in the text. A text of Adalbero of Laon and the letters of pope Gregory VII are interpreted as an illustrating example (and implicit criticism on Weinfurter's specific use of sociological functionalism) using the proposed alternative categories.

Law, Medieval --- Law, Medieval --- History.

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Law and Language in the Middle Ages investigates the encounter between law and legal practice from the linguistic perspective. The essays explore how legal language expresses and advances power relations, along with the ways in which the language of law legitimates power. The wide geographical and chronological scope showcases how power, legitimacy and language interact, moving the discussion beyond traditional issues of identity or the formation of nation-states and their institutions. What emerges are different strategies reflective of the diverse and pluralistic political, legal, and cultural worlds of the Middle Ages. Contributors are Michael H. Gelting, Dirk Heirbaut, Carole Hough, Anette Kremer, Ada Maria Kuskowski, Anders Leegaard Knudsen, André Marques, Matthew McHaffie, Bruce O’Brien, Paul Russell, Werner Schäfke, and Vincenz Schwab.

Law --- Law, Medieval. --- Law. --- Medieval law --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Bill drafting --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Language. --- History. --- Regions --- Europe. --- Council of Europe countries --- Eastern Hemisphere --- Eurasia --- Law, Medieval --- Law - Language --- Europe --- Humanities --- History

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In this volume, Maciej Mikuła analyses the extant texts of the Ius municipale Magdeburgense , the most important collection of Magdeburg Law in late medieval Poland. He discusses the different translation traditions of the collection; the application of Magdeburg Law in cities; how differences between the versions could affect the application of the rights; and how the invention of printing influenced the principle of legal certainty. Mikuła ultimately shows that the differences between the texts not only influenced legal practice, but also bear out how complex the process was of the adaptation of Magdeburg Law.

Social history --- Medieval. --- Descriptive sociology --- Social conditions --- History --- Sociology --- Town laws, Medieval --- City laws, Medieval --- Medieval city laws --- Medieval town laws --- Town laws --- Law, Medieval --- Municipal corporations --- Sächsisches Weichbild --- Influence. --- Sechsische Weychbild --- Weychbild (Saxon) --- Weichbild (Saxon) --- Sechisisches magdeburgisches Weychbild --- Sächsische Weichbild