Justice and Mercy: Moral Theology and the Exercise of Law in Twelfth-Century England

Legal History

Justice and Mercy: Moral Theology and the Exercise of Law in Twelfth-Century England

By Philippa Byrne
Manchester University Press November 2018

Specifications

ISBN-13
9781526125347
Publisher
Manchester University Press
Publication
November 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night.

Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.

Table of Contents

Prologue: the vanishing adulteress
1.
Introduction
2.
The problem with mercy: theology
3.
The problem with mercy: law
4.
Twelfth-century models of justice and mercy
5.
Who should be merciful?
6.
Judgement in practice: the church
7.
Histories of justice: the crown, persuasion and lordship
8.
Love your enemies? Popular mercy in a vengeance culture
9.
Conclusion
Index
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