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

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University of Chicago Press, Nov 15, 2008 - Law - 560 pages
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.
 

Contents

Introduction
1
The Roman Legal Profession
9
The Early Middle Ages
46
3 The Legal Revival of the Twelfth Century
75
4 Church Courts Civil Procedure and the Professionalization of Law
126
5 Pre Professional Lawyers in Twelfth Century Church Courts
164
Law Schools and Universities
219
7 Attaining Professional Status
283
9 Judges and Notaries
371
10 The Practice of Canon Law
407
11 Rewards and Hazards of the Legal Profession
466
The Tradition of the Legal Profession
488
Bibliography
493
Index
579
Citations Index
601
Copyright

Advocates and Proctors
344

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About the author (2008)

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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