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Law or treaty? Defining the edge of legal studies in the early and high medieval periods

Benham, Jenny 2013. Law or treaty? Defining the edge of legal studies in the early and high medieval periods. Historical Research 86 (233) , pp. 487-497. 10.1111/1468-2281.12025

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Abstract

This article is an attempt to define treaties in a legal context, thereby re-aligning the medieval historiography with its modern counterpart, and to explore some of the textual and practical possibilities and problems of this context. It considers why some treaties in the early and high middle ages have been regarded as laws while others have not and argues that while the modern concept of international law is based on the three principles of treaties, practice and custom, and general principles of law (including canon or Roman law), medieval scholars have only looked to the latter principle, thereby disregarding the treaties themselves and legal practice.

Item Type: Article
Date Type: Publication
Status: Published
Schools: History, Archaeology and Religion
Subjects: D History General and Old World > D History (General) > D111 Medieval History
D History General and Old World > DA Great Britain
Additional Information: Special Issue: Early Medieval Law in Context. Guest Editor: Jenny Benham
Publisher: Wiley-Blackwell
ISSN: 0950-3471
Last Modified: 04 Jun 2017 05:20
URI: http://orca-mwe.cf.ac.uk/id/eprint/50884

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