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This reference work examines the ways in which some medieval behaviours and identities were categorized as criminal or deviant. It also explores the implications of modern demonization of the Middle Ages. As well as discussing constructions of deviance, this book also explores the behaviours and identities which provoked these labels and processes. The model is one of reciprocity between behaviours and processes of demonisation and criminalisation. Each authoritative essay engages carefully with this approach, examining behaviours, the ways they were demonized, and the relationship between the two processes. The three parts of the volume are centred around forms of discursive and normative power--religious ideologies, political ideologies, and legalism. The authors also explore issues of political discourse, spiritual censure, justice and punishment, and the construction of taboos.

"This reference work examines the ways in which some medieval behaviours and identities were categorized as criminal or deviant. It also explores the implications of modern demonization of the Middle Ages. As well as discussing constructions of deviance, this book also explores the behaviours and identities which provoked these labels and processes. The model is one of reciprocity between behaviours and processes of demonisation and criminalisation. Each authoritative essay engages carefully with this approach, examining behaviours, the ways they were demonized, and the relationship between the two processes. The three parts of the volume are centred around forms of discursive and normative power—religious ideologies, political ideologies, and legalism. The authors also explore issues of political discourse, spiritual censure, justice and punishment, and the construction of taboos."

"In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy."--Publisher's description

In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law

The processes by which ideas, objects, texts and political thought and experience moved across boundaries in the Middle Ages form the focus of this book, which also seeks to reassess the nature of the boundaries themselves; it thus appropriately reflects a major theme of Dr Malcolm Vale's work, which the essays collected here honour. They suggest ways of breaking down established historiographical paradigms of Europe as a set of distinct polities, achieving a more nuanced picture in which people and objects were constantly moving, and challenging previous conceptions of units and borders. The first section examines the construction of boundaries and units in the later Middle Ages, via topics ranging from linguistic units to social stratifications, and geographically from the Netherlands and Scotland to Gascony and the Iberian peninsula; it reveals how much the relationship between exchange and boundaries was reciprocal. The second section considers the mechanisms by which it took place, from West Africa to Italy and Flanders, and discusses the actual exchange of people, texts, and unusual artefacts. Overall, the essays bear witness to the constant interplay and interconnections throughout medieval Europe and beyond