Medieval Law and the Foundations of the State

(Elliott) #1



    1. INTRODUCTION. STATE: WORD AND CONCEPT abbreviations x



    • State as regime

    • State as commonwealth





    1. FRANKISH AND ANGLO-SAXON JUSTICE



    • The first courts

    • Grants of property and protection

    • Pleas before the king

    • Keeping the peace

    • Legal order

    • ‘The state of the realm’





    1. THE COURTS OF LORDS AND TOWNSMEN



    • The growth of feudal society

    • Seignorial jurisdiction

    • Justice in the towns

    • Competitors for jurisdiction and power

    • The place of the king





    1. THE SPREAD OF THE ORGANIZED PEACE



    • The peace of God

    • The peace of the land

    • German Landfrieden

    • The territorial states of Germany





    1. THE JUDICIAL SYSTEMS OF FRANCE AND ENGLAND



    • Justice on complaint to the king of France

    • Stabilimenta

    • Justice by royal writ in England

    • ‘Our state and our kingdom’s’



      1. NEW HIGH COURTS AND REFORM OF THE REGIME



      • Complaints against officials

      • Plaints and reform of the status regni

      • The bill revolution and parlement

      • English parliaments

      • Petitioning parliament for justice

      • Statute-making

      • REALM’ 7. THE LEGAL ORDERING OF ‘THE STATE OF THE

      • Law-books, custom, and legislation

      • The law of land-holding

      • Property and liberty

      • Estates of people

      • The law of injuries and the public peace

      • MIDDLE AGES 8. THE MONARCHICAL STATE OF THE LATER

      • ‘The state of the realm’ and political continuity

      • good ‘The state of the king’ and government for the common

      • The contested state of Richard II

      • The king in the French body politic

      • France as l’état monarchique

      • MODERN STATE’ 9. FROM LAW TO POLITICS: THE GENESIS OF ‘THE

      • Comparing and criticizing states of commonwealths

      • State and sovereignty

      • Jean Bodin on the state

      • State, nation, and politics in France

      • The English ‘Commonwealth and Free State’







    1. CONCLUSION: LAW AND THE STATE IN HISTORY



  • bibliography

    • Law codes, chronicles, and treatises



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