Legislation and Justice

Overview

No study of the making of the modern European state can ignore the part played by law. This comprehensive volume examines in detail how states availed themselves of juridical techniques in order to shape their institutions, to take control over their territory, and to exercise power over their subjects. The contributors, leading scholars in the field, explore the administration of justice and the promulgation of legislation across Europe over a period of several centuries, in order to uncover the role of the law ...

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Overview

No study of the making of the modern European state can ignore the part played by law. This comprehensive volume examines in detail how states availed themselves of juridical techniques in order to shape their institutions, to take control over their territory, and to exercise power over their subjects. The contributors, leading scholars in the field, explore the administration of justice and the promulgation of legislation across Europe over a period of several centuries, in order to uncover the role of the law in the birth and development of the European state.

The Origins of the Modern State in Europe series arises from an important international research programme sponsored by the European Science Foundation. The aim of the series, which comprises seven volumes, is to bring together specialists from different countries, who reinterpret from a comparative European perspective different aspects of the formation of the state over the long period from the beginning of the thirteenth to the end of the eighteenth century. One of the main achievements of the research programme has been to overcome the long-established historiographical tendency to regard states mainly from the viewpoint of their twentieth-century borders.

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Meet the Author

University of Milan
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Table of Contents

Abbreviations
1 Hierarchy and Jurisdiction: Models in Medieval Canon Law 1
2 The officium in Medieval Ecclesiastical Law as a Prototype of Modern Administration 17
3 Legislation, Justice, and Political Power in Italian Cities, 1200-1400 37
4 Royal ordonnances in Medieval France 57
5 Issues at Stake in the Development of the State: Devising and Drafting the Law in Fourteenth-Century France 73
6 The Formation of the English Legal System, 1150-1400 103
7 The Holy Roman Empire as a Legal System 123
8 The Centralization of Justice and the Formation of a Judicial Hierarchy in the Early Modern State: The Principality of Hesse 131
9 The Operation of Royal Grace in Castile, 1250-1530, and the Origins of the Council of the Chamber 159
10 Constitutional Devices Implementing State Power in Poland, 1300-1700 175
11 Church and State in Medieval and Modern Denmark: The Legal Issue 197
12 Law and the Making of the State in Medieval Sweden: Kingship and Communities 211
13 Legal Tools of the Public Power in the Netherlands, 1200-1600 229
14 The Legal Instruments of Power and the State in Early Modern England 269
15 Royal Power and its Legal Instruments in France, 1500-1800 291
16 The Habsburg Monarchy in the Eighteenth Century: The Birth of the Modern Centralized State 313
17 Conclusions: Models, Instruments, Principles 335
Bibliography 371
List of Contributors 421
Index 425
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