The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts

Paperback | April 15, 2010

byJames A. Brundage

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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 seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage’s The Medieval Origins of the Legal Profession 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, Brundage 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. Brundage 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. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

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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 seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obli...

James A. Brundage is the Ahmanson-Murphy Distinguished Professor Emeritus of History and Law at the University of Kansas. He is the author of nine books, including Law, Sex, and Christian Society in Medieval Europe, also published by the University of Chicago Press.    

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Format:PaperbackDimensions:560 pages, 9 × 6 × 1.5 inPublished:April 15, 2010Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0226077608

ISBN - 13:9780226077604

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Extra Content

Table of Contents

List of Abbreviations

Preface

Introduction


Chapter 1         The Foundation: The Roman Legal Profession

Chapter 2         Law without Lawyers: The Early Middle Ages

Chapter 3         The Legal Revival of the Twelfth Century

Chapter 4         Church Courts, Civil Procedure, and the Professionalization of Law

Chapter 5         Pre-Professional Lawyers in Twelfth-Century Church Courts

Chapter 6         The Formation of an Educated Elite: Law Schools and Universities

Chapter 7         Attaining Professional Status

Chapter 8         Professional Canon Lawyers: Advocates and Proctors

Chapter 9         Judges and Notaries

Chapter 10       The Practice of Canon Law

Chapter 11       Rewards and Hazards of the Legal Profession

Conclusion:       The Tradition of the Legal Profession


Bibliography

Index

Editorial Reviews

“Long-awaited, Professor Brundage’s history of the medieval (and ancient Roman) origins of the legal profession was well worth waiting for. Brundage masterfully weaves together the history of the teaching of law as an academic subject, the explosion of new sources of law, the emergence of the university, the emergence of formal courts, and the development of Romano-canonical procedure. All these topics, many of which are quite controversial, are handled with a deftness and clarity that provokes admiration and, for those of us who have tried to write about the same things, a tinge of envy. This book will stand for many years as a monument, not only in the history of the legal profession but also in the history of European law.”