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- Title
Law or treaty? Defining the edge of legal studies in the early and high medieval periods.
- Authors
Benham, Jenny
- Abstract
This article is an attempt to define treaties in a legal context, thereby re-aligning the medieval historiography with its modern counterpart, and to explore some of the textual and practical possibilities and problems of this context. It considers why some treaties in the early and high middle ages have been regarded as laws while others have not and argues that while the modern concept of international law is based on the three principles of treaties, practice and custom, and general principles of law (including canon or Roman law), medieval scholars have only looked to the latter principle, thereby disregarding the treaties themselves and legal practice.
- Subjects
MEDIEVAL historiography; TREATY interpretation &; construction; ANGLO-Saxon law; HISTORY of treaties; TREATIES; MEDIEVAL law; HISTORY of diplomacy; OATHS (Canon law); AETHELRED I, King of England, ca. 840-871; HENRY I, King of England, 1068-1135; BRITISH history to 1485; LEGAL composition
- Publication
Historical Research, 2013, Vol 86, Issue 233, p487
- ISSN
0950-3471
- Publication type
Article
- DOI
10.1111/1468-2281.12025