By Ian Heath

ISBN-10: 0904417158

ISBN-13: 9780904417159

Business enterprise, strategies, gown and guns

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40 At a macrocosmic level, canon law coexisted with lay law: the two usually engaged with different spheres of people’s lives, the spiritual and the temporal respectively, but there were significant areas of overlap and potential conflict, notably regarding marriage. 42 Lay law was constituted by a complex mixture of customary law and Roman law, the latter’s influence often remaining indirect and unacknowledged. Customary law was tempered by growing levels of royal legislation, and more significantly, by the fragmentary nature of the differing customs of diverse times and places.

Indeed all these discursive strands, from imaginative literature to sermons to proverbs to legal discourse and procedure, were dependent 1 ‘It seems that human law does not set up an obligation in the court of conscience. An inferior power has no jurisdiction in a superior court’: Thomas Aquinas, Summa Theologica, Prima Secundae, q. 96, art. 6: quoted in D. Coquillette, ‘Equity’, in J. ), Dictionary of the Middle Ages, 13 vols. (New York, 1982–9), iv. 501. 3 Notions and practices of violence centre, of course, on wounding and marking the physical body: accordingly, this chapter will trace the development of frameworks for understanding these physical marks, the ways in which such frameworks were problematized, and the use of such a logic to assess physical violence in a legal context.

6: quoted in D. Coquillette, ‘Equity’, in J. ), Dictionary of the Middle Ages, 13 vols. (New York, 1982–9), iv. 501. 3 Notions and practices of violence centre, of course, on wounding and marking the physical body: accordingly, this chapter will trace the development of frameworks for understanding these physical marks, the ways in which such frameworks were problematized, and the use of such a logic to assess physical violence in a legal context. But in examining this legal context, it will become clear that the violence of the law was equally dependent on such frameworks, and equally problematic and contested.

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Armies of the Dark Ages, 600-1066 A.D. by Ian Heath


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