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> It took the Holy Roman Emperor to install courts of justice See The Medieval Origins of the Legal Profession by Brundage: > In the aftermath of sixth-centur
by throw0101a 6y ago
> It took the Holy Roman Emperor to install courts of justice
See The Medieval Origins of the Legal Profession by Brundage:
> In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe 700 years later during the 1230s, when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. This book traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, the book argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. The book demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. It also examines the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict.
* https://chicago.universitypressscholarship.com/view/10.7208/chicago/9780226077611.001.0001/upso-9780226077598 https://chicago.universitypressscholarship.com/view/10.7208/...
- Iv 6y agoIf you read it, I have a question: I read two times already the (unsourced) assertion that the renewal of a court system in western europe was due to the crusades. The caliphate had a tribunal system that the crusaders imported back. Is it grounded in truth?
- throw0101a 6y agoI have read it, but it is not short, and so I can't possibly remember all the details. That said I do not remember much/any mention of Islamic jurisprudence: it was more a renaissance of Roman law (see Code of Justinian and Corpus Juris Civilis) The first 1-2 chapters actually go into Roman law (and before), as that was used as the initial base. There's a thread of ancient law even in the present day: * https://utpress.utexas.edu/books/perlman-ancient-greek-law-in-the-21st-century https://utpress.utexas.edu/books/perlman-ancient-greek-law-i... From the little I know about Islamic jurisprudence, specifically through the works of Toby Huff,[1] the tribunals were more 'private' and the rulings were done more by something that we'd call arbitration, and 'case files' would remain in the judge's/arbitrator's possession. [1] https://en.wikipedia.org/wiki/Toby_Huff https://en.wikipedia.org/wiki/Toby_Huff