Atelier Doctoral at the École Française in Rome

On February 18-23, Project director Professor John Hudson, senior researcher Professor Emanuele Conte, project post-doctoral researchers Dr Andrew Cecchinato, Dr Will Eves, Dr Attilio Stella and Dr Sarah White, and doctoral researchers Dan Armstrong and David de Concilio participated in the Atelier Doctoral at the École Française in Rome, on the theme: ‘Dal caso alla regola, dalla teoria ai fatti: alle radici della cultura giuridica europea‘.

The doctoral week provided the opportunity for PhD and early career researchers to present their research and act as discussants to papers delivered by other attendees. Professor John Hudson delivered a keynote lecture on the subject of Learning from casuistic approaches to Common Law. Dan Armstrong gave a paper entitled Politics, Law, and Ecclesiology in Anglo-Papal relations, and David de Concilio presented on the topic of Dialectic in the development of medieval legal thought: a European history.The event was attended by a number of senior scholars from around Europe, who offered advice and support to the junior scholars who were present.

The week was punctuated by a visit to Ostia Antica on Wednesday 20 February, during which the Atelier Doctoral delegates were given a guided tour of the ancient Roman site. On the evening of the 21 February, the delegates were kindly welcomed to Le Palais Farnèse, the French Embassy in Rome, and given a tour of the library of the École Française, which is located in the building.

Atelier Doctoral Programme (Click to expand)

Talking Law: The Jury on Trial

In England on 26 January 1219 a royal order was issued to the king’s travelling justices, to
put into effect the decree of a Papal Council that had the effect of abolishing trial by ordeal.
The need for a new mode of trial in criminal cases ended up with the use of jury trial, for so
long a defining characteristic of English Common Law.

On 11 February 2019, at 7pm in the Arts Lecture Theatre, the Institute of Legal and
Constitutional Research will put the institution of the jury itself on trial, with a debate on the
motion ‘This house believes that jury trial remains a virtue of the Common Law.’

Speakers will include the barrister, broadcaster and writer Harry Potter.

The event is open to the public.

7 pm on 11 February 2019 (Arts Lecture Theatre)

Talking Law: ‘The Jury on Trial’

In England on 26 January 1219 a royal order was issued to the king’s travelling justices, to put into effect the decree of a Papal Council that had the effect of abolishing trial by ordeal. The need for a new mode of trial in criminal cases ended up with the use of jury trial, for so long a defining characteristic of English Common Law.

On 11 February 2019, at 7pm in the Arts Lecture Theatre, the Institute of Legal and Constitutional Research will put the institution of the jury itself on trial, with a debate on the motion ‘This house believes that jury trial remains a virtue of the Common Law.’

Speakers will include the barrister, broadcaster and writer Harry Potter.

The event is open to the public.

7 pm on 11 February 2019 (Arts Lecture Theatre)

Ordo Iudiciorum Workshop (Roma Tre) 1 December 2018

On 1 December there will be a workshop at Roma Tre University, designed to be an informal discussion on the ordo iudiciorum in theory and in practice.

It will be opened by presentations by Sarah White (St Andrews) and William Sullivan (Chicago/Harvard), who are both currently working on medieval ordines. The seminar will be bilingual: Italian and English.

One-Year Postdoctoral Research Position

Applications are invited for a one-year Research Fellowship in legal history available at the University of St Andrews from January 2019. The position is to work with Professor John Hudson on the ERC Advance Grant funded project ‘Civil Law, Common Law, Customary Law: Consonance, Divergence and Transformation in Western Europe from the late eleventh to the thirteenth centuries’ (CLCLCL). In addition to pursuing the specified research within the project, the successful applicant will be required to participate in the broader work of the project by contributing to workshops and outreach activities.

Application details may be found here:

ttps://www.jobs.ac.uk/job/BNF609/research-fellow-in-medieval-legal-history-france-ar2153sb

Medieval Norman Law vs Roadworks

The Clameur de Haro, an invocation for aid which formed part of medieval Norman law, is sometimes still used in Jersey and Guernsey to prevent to the commission of a wrongful act against an individual. Its effect is similar to an injunction. The most recent attempt to use the clameur occurred this summer:

http://www.theguardian.com/uk-news/2018/aug/14/guernsey-resident-halts-road-works-with-ancient-plea?CMP=share_btn_fb

Recent Books

Two books have recently been published by members of the CLCLCL project:

John Hudson‘s The Formation of the English Common Law: Law and Society in England from King Alfred to Magna Carta, (Routledge, 2017) is a much expanded second edition of The Formation of the English Common Law: Law and Society in England from the Norman Conquest to Magna Carta, (Longmans, 1996).

Emanuele Conte has edited, with Laurent Mayali, A Cultural History of Law in the Middle Ages (Bloomsbury, 2018). This is the second volume of Bloomsbury’s six-volume A Cultural History of Law series.

 

 

2018 Comparative Legal History Workshop

On 11 and 12 May 2018, the St Andrews Institute of Legal and Constitutional Research held a workshop on the theme of comparative legal history. The aim was to explore the ways in which comparative legal history could be approached, and to hear examples of these approaches from the variety of papers delivered throughout the workshop.

The first day began with a keynote paper delivered by Alice Rio (King’s College London) which explored comparative approaches to studying early medieval legal culture. Papers were then given by Susanne Brand (vice-administrator of the Anglo-American Legal Tradition project) on the early history of bills of privilege in the Common Law, and Felicity Hill (Cambridge) on the use of general excommunication of unknown malefactors. This allowed a comparison to be made between the creative use and development of legal process within secular and ecclesiastical spheres.

The afternoon sessions began with papers from Danica Summerlin (Sheffield) and Ashley Hannay (Cambridge) on a panel discussing the nature and emergence of sources of legal authority, from the impetus behind the Statute of Richard III (Hannay) to the emergence of decretal collections in the twelfth century (Summerlin). This was followed by a panel discussing lordship and law in twelfth and thirteenth-century England and Normandy. Hannah Boston (Oxford) gave a paper on private charters and seigneurial courts in twelfth-century England, and Cory Hitt (St Andrews) discussed the nature of twelfth and thirteenth-century Anglo-Norman and Old French legal texts, and what we can learn about their authors through a close reading of the texts.

Next was a panel featuring the postdoctoral researchers on the Civil Law, Common Law, Customary Law project. Each researcher outlined their research and the directions they intend to take during the course of the project. Andrew Cecchinato spoke about Blackstone, English law and Roman law; Sarah White discussed the potential influence of Roman Law on English Common Law through the medium of procedural treatises used in the English church courts; Will Eves spoke about the Roman Law concepts of possession and proprietas in Roman law, and their potential influence on the early English Common Law; Attilio Stella discussed feudal law in twelfth and thirteenth-century Italy and the way in which feudal practices were framed in reference to Roman legal categories.

The day concluded with a roundtable which offered thoughts on comparative methodology and issues emerging from the preceding papers. The panellists were: John Hudson (St Andrews); Thomas Gallanis (Iowa); Jacqueline Rose (St Andrews); and Danica Summerlin (Cambridge). This was then followed by a wine reception at the University of St Andrews Department of Medieval History.

The second day began with a panel discussing various aspects of community involvement in legal process. Anna Peterson (Pontifical Institute of Medieval Studies, Toronto) discussed procedures concerning corruption in hospitals in Narbonne, 1240-1309. Gwen Seaborne (Bristol) then discussed the role of women as witnesses in medieval English law, with reference to the evidential problems raised by claims to tenancy by curtesy if an infant died shortly after birth.

The second panel of the day compared different types of legal literature in early modern England. Jacqueline Rose (St Andrews) discussed the writing of the English lawyer Bulstrode Whitelocke and his attitude to legal change in seventeenth-century England. Mary Dodd (St Andrews) then discussed pamphlet literature and constituent power in the English Civil Wars.

Following the lunch break, delegates had the opportunity to take a walking tour of St Andrews, kindly offered by medieval historian and expert of the medieval history of the town, Alex Woolf (St Andrews).

There followed two keynote lectures. George Garnett (Oxford) discussed the great English legal historian F. W. Maitland’s approach to legal history, and the nature of legal history as practiced by historians and as practiced by lawyers. The second keynote lecture was given by Magnus Ryan (Cambridge) on the Libri Feodorum and the practice of medieval lawyers in the later middle ages.

The workshop concluded with an interview forming part of the St Andrews Institute of Legal and Constitutional Research’s ‘Law’s Two Bodies’ project. This project investigates the question of ‘what is law’ from the perspective of legal practitioners. As befitting the workshop’s focus on legal history, William I. Miller (Michigan) was interviewed by John Hudson about the nature of law and legal practice in medieval Iceland. The answers were given from the imagined perspective of Njáll Þorgeirsson, a tenth and eleventh-century Icelandic legal expert featured in the eponymous thirteenth-century Njáls Saga.

A wine reception and workshop dinner were then held at the Byre Theatre in St Andrews.

The workshop organisers are grateful to the European Research Council, whose funding of the Civil Law, Common Law, Customary Law project (Grant agreement number: 740611 CLCLCL) provided the genesis of this workshop. They are also grateful to the St Andrews Institute of Legal and Constitutional Research for the financial support it provided.

The next workshop, Legal History, Legal Historiography, will take place 12 and 13 June, 2020 in St Andrews.