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E-book: Shifting Landmarks: Property, Proof, and Dispute in Catalonia around the Year 1000

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In a major contribution to the debate among medievalists about the nature of social and political change in Europe around the turn of the millennium, Jeffrey A. Bowman explores how people contended over property during the tenth and eleventh centuries in the province of Narbonne. He examines the system of courts and judges that weighed property disputes and shows how disputants and judges gradually adapted, modified, and reshaped legal traditions.

The region (which comprised Catalonia and parts of Mediterranean France) possessed a distinctive legal culture, characterized by the prominent role of professional judges, a high level of procedural sophistication, and an intense attachment to written law, particularly the Visigothic Code. At the same time, disputants relied on a range of strategies (including custom, curses, and judicial ordeals) to resolve conflicts. Chronic tensions stemmed from conflicting understandings of property rights rather than from pervasive violence; the changes Bowman tracks are less signs of a world convulsed in struggle than of a world coursing with vitality.

In Shifting Landmarks, property disputes serve as a bridge between the author's inquiry into learned ideas about justice, land, and the law and his close examination of the rough-and-tumble practice of daily life. Throughout, Bowman finds intimate connections among ink and parchment, sweat and earth.

In a major contribution to the debate among medievalists about the nature of social and political change in Europe around the turn of the millennium, Jeffrey A. Bowman explores how people contended over property during the tenth and eleventh centuries in the province of Narbonne. He examines the system of courts and judges that weighed property disputes and shows how disputants and judges gradually adapted, modified, and reshaped legal traditions. The region (which comprised Catalonia and parts of Mediterranean France) possessed a distinctive legal culture, characterized by the prominent role of professional judges, a high level of procedural sophistication, and an intense attachment to written law, particularly the Visigothic Code. At the same time, disputants relied on a range of strategies (including custom, curses, and judicial ordeals) to resolve conflicts. Chronic tensions stemmed from conflicting understandings of property rights rather than from pervasive violence; the changes Bowman tracks are less signs of a world convulsed in struggle than of a world coursing with vitality. In Shifting Landmarks, property disputes serve as a bridge between the author's inquiry into learned ideas about justice, land, and the law and his close examination of the rough-and-tumble practice of daily life. Throughout, Bowman finds intimate connections among ink and parchment, sweat and earth.



In a major contribution to the debate among medievalists about the nature of social and political change in Europe around the turn of the millennium, Jeffrey A. Bowman explores how people contended over property during the tenth and eleventh centuries...

Reviews

Bowman is very good at breaking down the distinctions between oral and documentary forms of evidence and between supposedly private and public elements in the administration of justice.

- Roger Collins (History) Bowman's chapters dedicated to the careers of Catalan judges and the day-to-day practice of law and adjudication will prove extremely interesting for both legal and institutional historians of the early Middle Ages.... From a close study of the prologues of many different types of contemporary legal documents,... Bowman fashions a clear portrait of Catalan judges who, unlike their counterparts from many other parts of Carolingian Francia, were well-trained, well-respected, and well-compensated.

- Warren Brown, California Institute of Technology (American Historical Review)

More info

Winner of Winner of the 2004 Premio del Rey given (American.
Preface vii
Abbreviations xiii
Introduction 1(32)
PART I. COURTS AND CODES
1. Sicut lex edocet: Remembering and Forgetting the Written Law
33(23)
2. Do Neo-Romans Curse? Land, Law, and Ritual
56(25)
3. Diligite iustitiam qui indicatis ten-am: Judges in Court and Society
81(19)
4. Courts and the Administration of Justice
100(19)
PART II. PROOFS AND STRATEGIES
5. Cold Cauldrons and the Smoldering Hand: The Judicial Ordeal
119(22)
6. Fighting with Written Records
141(24)
7. Community, Memory, and Proof: The Place of Witness Testimony
165(20)
PART III. ENDINGS AND CONTEXTS
8. Winning, Losing, and Resisting: How Disputes Ended
185(26)
9. Justice and Violence in Medieval Europe
211(38)
Works Cited 249(26)
Index 275
Jeffrey A. Bowman is John B. McCoy-Bank One Distinguished Teaching Professor of History at Kenyon College.