Medieval Law and the Foundations of the State
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Product details:
- Publisher OUP Oxford
- Date of Publication 3 January 2002
- ISBN 9780198219583
- Binding Hardback
- No. of pages350 pages
- Size 244x164x27 mm
- Weight 714 g
- Language English 0
Categories
Short description:
The State is the most powerful of political ideas but where does it come from? This broad-ranging new study traces the history of the word and the concept back to the systems of law and justice created by medieval kings and shows how legal institutions acquired political force.
MoreLong description:
The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.
Medieval Law and the Foundations of the State is a substantial and scholarly study of medieval law, political theory, and political practice, which engages with a vast body of source material in very close argument in tracing the 'pre-theoretical understanding' (p.v) of the medieval state.
Table of Contents:
Introduction: State - Word and Concept
Frankish and Anglo-Saxon Justice
The Courts of Lords and Townsmen
The Spread of Organized Peace
The Judicial Systems of France and England
New High Courts and Reform of the Regime
The Legal Ordering of 'the State of the Realm'
The Monarchical State of the Later Middle Ages
From Law to Politics
Conclusion: Law and the State in History
Bibliography
