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Bringing the feudal law back home : social practice and the law of fiefs in Italy and Provence (1100-1250)

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Stella_2020_JMH_Feudallaw_CC.pdf (1.920Mb)
Date
09/06/2020
Author
Stella, Attilio
Keywords
Feudalism
Feudal law
Social history
Legal history
Libri feudorum
Susan Reynolds
D111 Medieval History
T-NDAS
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Abstract
The Libri feudorum is a composite law book containing the customary laws of fiefs held in Lombardy which were codified in 1100–1250. Its function in shaping a late medieval ‘feudal vocabulary’ and, ultimately, modern models of feudalism was highlighted by Susan Reynolds and lies at the core of her anti-feudalism paradigm. This paper questions the disjuncture between social practice and learned law that underlies the paradigm, by analysing the context and making of the Libri feudorum and of legal writings associated with it – by Pillius de Medicina, Iacobus de Ardizone and Jean Blanc. By showing how practice could shape legal tools used by learned lawyers to frame fiefs and by reassessing the influence of the Libri feudorum on practice, the paper challenges the idea that fiefs were the outcome of professional or academic law and unveils aspects of the practical nature and intellectual dimension of lawyerly writing.
Citation
Stella , A 2020 , ' Bringing the feudal law back home : social practice and the law of fiefs in Italy and Provence (1100-1250) ' , Journal of Medieval History , vol. Latest Articles . https://doi.org/10.1080/03044181.2020.1775685
Publication
Journal of Medieval History
Status
Peer reviewed
DOI
https://doi.org/10.1080/03044181.2020.1775685
ISSN
0304-4181
Type
Journal article
Rights
Copyright © 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.
Description
This work was supported by the H2020 European Research Council programme under the ERC Advanced Grant CLCLCL (no. 740611) and the EU’s Seventh Framework Programme under the Marie Skłodowska-Curie ITN PIMIC (no. 316732).
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  • University of St Andrews Research
URI
http://hdl.handle.net/10023/20144

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