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Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France.
・ISBN 978-1-009-21788-0 paper GB£ 25.99
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| 著者・編者 | Kuskowski, Ada Maria, |
|---|---|
| シリーズ | (Studies in Legal History) |
| 出版社 | (Cambridge University Press, UK) |
| 出版年月 | 2024 |
| ページ数 | 430 pp. |
| 言語 | ENG |
| ニュース番号 | <A02-93956> |
解説
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.