Common or customary law
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Law and Religious Minorities in Medieval Societies: Between Theory and Praxis
De la teoría legal a la práctica en el derecho de las minoría religiosas en la Edad Media
Muslim law developed a clear legal cadre for dhimmīs inferior but protected non-Muslim communities (in particular Jews and Christians) and Roman Canon law decreed a similar status for Jewish and Muslim communities in Europe. Yet the theoretical hierarchies between faithful and infidel were constantly brought into question in the daily interactions between men and women of different faiths in streets markets bath-houses law courts etc. The twelve essays in this volume explore these tensions and attempts to resolve them. These contributions show that law was used to try to erect boundaries between communities in order to regulate or restrict interaction between the faithful and the non-faithful-and at the same time how these boundaries were repeatedly transgressed and negotiated. These essays explore also the possibilities and the limits of the use of legal sources for the social historian.
Law and Theology in Twelfth-Century England
The Works of Master Vacarius (c. 1115/20 - c. 1200)
This book explores the legal and theological thought of Master Vacarius (c.1115/20 - c.1200) the renowned twelfth-century jurist. It focuses on this Italian master’s four works composed in the second half of the twelfth century which deal with the resolution of conflict in law and theology. Vacarius is a paradox for scholars. They have found it difficult to reconcile his role as a legal teacher notably through his textbook the Liber pauperum ('Book of the Poor') which established a school of Roman law at Oxford with his ‘extra-legal’ works on marriage Christology and heretical theology. This study accounts for this paradox by exploring these three extra-legal treatises composed in the 1160s and 1170s in light of Vacarius' legal textbook. The author argues that Vacarius applies the legal method of the ius commune (European common law) to theological and sacramental debates. In this way Vacarius represents a trend in medieval intellectual history particular to the twelfth-century renaissance which has been little appreciated to date - the hermeneutic of the ‘lawyer-theologian’.