Justice and mercy
Moral theology and the exercise of law in twelfth-century England
by Philippa Byrne, T. J. H. McCarthy, Carrie Beneš, Stephen Mossman, Jochen Schenk
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Endorsements
Justice and mercy highlights one of the most acute moral dilemmas of the twelfth century: how did a judge determine how to punish an offender, and how could they choose between justice and mercy? It examines how English judges weighed a choice which, if made wrongly, could endanger their soul. Highlighting the question of the moral pressures in the English law courts, Judging mercy provides a new way into the common law: rather than looking at the laws that judges applied, it reconstructs the moral world of the judges themselves. The book offers a fresh synthesis of the disciplines of intellectual history and legal history, examining theological commentaries, moral treatises, letters, sermons and chronicles in order to put the creation of the common law into its moral context. This broad vision brings to light the shared language of justice and mercy, an idea which dominated twelfth-century discourse and had the potential to polarise political opinion. Judging mercy challenges many of the prevailing narratives surrounding the common law, suggesting that judges in church courts and royal courts looked strikingly similar, and that English judges had more in common with their continental counterparts than is often assumed. This is a book which will be of value to specialists examining the rise of 'professional' law in the twelfth century and the beginnings of official accountability. It will be of value to students studying the creation of the common law, the twelfth-century renaissance, and the structures of medieval English politics and kingship.
Reviews
Justice and mercy highlights one of the most acute moral dilemmas of the twelfth century: how did a judge determine how to punish an offender, and how could they choose between justice and mercy? It examines how English judges weighed a choice which, if made wrongly, could endanger their soul. Highlighting the question of the moral pressures in the English law courts, Judging mercy provides a new way into the common law: rather than looking at the laws that judges applied, it reconstructs the moral world of the judges themselves. The book offers a fresh synthesis of the disciplines of intellectual history and legal history, examining theological commentaries, moral treatises, letters, sermons and chronicles in order to put the creation of the common law into its moral context. This broad vision brings to light the shared language of justice and mercy, an idea which dominated twelfth-century discourse and had the potential to polarise political opinion. Judging mercy challenges many of the prevailing narratives surrounding the common law, suggesting that judges in church courts and royal courts looked strikingly similar, and that English judges had more in common with their continental counterparts than is often assumed. This is a book which will be of value to specialists examining the rise of 'professional' law in the twelfth century and the beginnings of official accountability. It will be of value to students studying the creation of the common law, the twelfth-century renaissance, and the structures of medieval English politics and kingship.
Manchester University Press
Manchester University Press is a leading UK publisher known for excellent research in the humanities and social sciences.
View all titlesBibliographic Information
- Publisher Manchester University Press
- Publication Date November 2018
- Orginal LanguageEnglish
- ISBN/Identifier 9781526125361 / 1526125366
- Publication Country or regionUnited Kingdom
- ReadershipGeneral/trade; College/higher education; Professional and scholarly
- Publish StatusPublished
- SeriesArtes Liberales
- Reference Code10373
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