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.
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.
Researchers involved in the Civil Law, Common Law, Customary Law project will hold a roundtable to discuss aspects of their work at the Department of Law, University of Roma Tre, on 7 March, 1.30pm.
This roundtable coincides with archival research Drs Will Eves and Sarah Wight plan to undertake in the Vatican Library from 5-9 March. A report on this research will be published as a research update in the near future.
The project ‘Civil Law, Common Law, Customary Law: Consonance, Divergence and Transformation in Western Europe from the late eleventh to the thirteenth centuries’ invites applications for two PhD studentships, for applicants to start PhDs at the University of St Andrews in September 2018. Each student will examine the development of land law within a chosen region of western Europe in the period 1050-1250. Preference may be given to candidates working on France, Catalonia, or Italy, but applications to work on other areas will be considered too.
Applicants should have completed a taught-postgraduate degree (or equivalent) by September 2018. The studentships are fully funded covering stipend and fees for UK and EU resident students. Non-EU students can also be considered for further University scholarships for international fees.
Applicants should apply for a PhD place via the University of St Andrews standard application process (see here for more information). In addition, they should submit a research outline of a maximum of 500 words directly to Professor John Hudson by email to email@example.com.
In mid-October John Hudson taught classes in Emanuele Conte and Angela Condello’s ‘Law and Humanities’ course at the University of Roma Tre. The classes concentrated on the presentation of law within the acclaimed HBO series ‘The Wire’.
Comparison was made between the state-based law of police and judicial system on the one hand, and on the other the customary norms of ‘The Game’, that is, the culture and practices of the drug trade and its participants, as well as the customary norms of medieval Icelandic law as revealed by Njál’s Saga. Also considered were the differences of Common and Civil Law practices for televisual presentation; does the Common Law’s adversarial trial system particularly suit dramatic purposes, be it for depiction of straightforward contests between good and evil or of more nuanced conflicts? does the audience stand in the same place as the Common Law jury? may an inquisitorial system in the Civil Law break down some of the genre differences between police and legal drama?
With a class from four continents and ten countries, we were able to assess such questions not just in terms of authorial aims, but also of audience reception. Those from Civil Law systems watched The Wire’s trial scenes in subtly different ways than those from Common Law systems, whereas that difference of legal tradition had less effect on perception of the customary norms that can be uncovered in ‘The Game’ or in Njál’s Saga.