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Vernacular Law : Writing and the Reinvention of Customary Law in Medieval France by Ada Maria Kuskowski (2024, Trade Paperback)
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Vernacular Law : Writing and the Reinvention of Customary Law in Medieval France, Paperback by Kuskowski, Ada Maria, ISBN 1009217887, ISBN-13 9781009217880, Brand New, Free shipping in the US Ada Maria Kuskowski traces the impact of writing, language, learned ideas and court practices on the development of customary law in medieval France. Applying a multidisciplinary approach, this book will interest scholars of medieval France across law, literature and history.
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About this product
Product Identifiers
PublisherCambridge University Press
ISBN-101009217887
ISBN-139781009217880
eBay Product ID (ePID)12069209121
Product Key Features
Book TitleVernacular Law : Writing and the Reinvention of Customary Law in Medieval France
Number of Pages430 Pages
LanguageEnglish
TopicGeneral, Legal History
Publication Year2024
IllustratorYes
GenreLaw
AuthorAda Maria Kuskowski
Book SeriesStudies in Legal History Ser.
FormatTrade Paperback
Dimensions
Item Height0.9 in
Item Length9 in
Item Width6 in
Additional Product Features
LCCN2022-029012
Dewey Edition23/eng/20220831
Reviews'In Vernacular Law, the reader follows Kuskowski on her journey toward a painstakingly acquired cumulative understanding of the meaning(s) of custom and customary law in the coutumier literature and its historiography. It is a lengthy journey, with no singular grail at the end, but one which every legal historian wishing to understand the subject will henceforth be obliged (and, one hopes, delighted) to take ... The book will serve as a resource for historians for decades to come.' Elizabeth Papp Kamali, Bulletin of Medieval Canon Law, 'This book is a marvel, mixing erudition and imagination. Describing the cultural upheaval of the writing of custom, Ada Kuskowski opens new doors to the understanding of medieval law.' James Q. Whitman, Yale Law School, '... Kuskowski offers a stimulating reflection that is sure to arouse interest in discussing its proposals. His book is an invitation for historians and jurists, heirs of continental law or common law forming 'part of the same family' (Tamar Herzog), to compare even more views on the history of the formation and evolution of legal systems.' Florent Garnier, Francia recensio, 'Ada Kuskowski's approach is fascinating because it forces us to take a step back, away from traditional historiographical categories and towards a decompartmentalized vision of law, which mixes orality and writing, learned rights and customs, local singularities and procedural homogenization. With this solid and stimulating work, we are offered a magnificent source of food for thought.' Corinne Leveleux, La revue historique de droit français et étranger
Dewey Decimal340.5/0944
Table Of ContentIntroduction: vernacular writing and the transformation of customary law in Medieval France; Part I. Written Custom and the Formation of Vernacular Law: 1. What is custom? Concept and literary practice; 2. Composing customary law as a vernacular law; 3. Writing a 'ius non scriptum': writtenness, memory and change; Part II. Political and Intellectual Tensions: 4. Uneasy jurisdictions: lay and ecclesiastical law; 5. Roman law, authority and creative citation; Part III. Implications: 6. Custom in lawbooks and records of legal practice; 7. Dynamic text: dialectic, manuscript culture and customary law; 8. Implications of circulating text: crafting a French common law; Conclusion: lasting model and professional community; Bibliography; Index.
SynopsisAda Maria Kuskowski traces the impact of writing, language, learned ideas and court practices on the development of customary law in medieval France. Applying a multidisciplinary approach, this book will interest scholars of medieval France across law, literature and history., Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation - in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular - had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.
LC Classification NumberKJV263.K87 2023
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