Summary Of Fulbert's Letter To Susan Yumbert

Improved Essays
Letters were the principle means of influencing actions and opinions and of communicating with people at a distance in the eleventh and twelfth centuries. Many valuable insights can be detected from medieval letters about the practice of legal history, most of which appears to be based on how law has exceeded Roman and canon law and developed on the kind of assumptions about what is right or wrong.

Susan Reynold’s argument that before 1100 law has traditionally been seen as based on ordeals and judgement of God is reflected in most of the letters written by Fulbert, with various references to “God” and “divine law”. His letter reinforces this in 1018, where Fulbert wrote to Bishop Adalbero of Laon complaining that it was necessary to take vigorous measures against the murderers of Evrardus by warning the bishop that if they were not punished then “what remains except for the supreme Judge himself in his furious wrath to destroy both judges and criminals with unprecedented cruelty and death?” What this suggests is that the type of law that was enforced was derived from judgement of God as a means for imposing strict punishment to suit the crime. However, over the years his letters expose a development from this. For example, while in his letter to
…show more content…
For example, Fulbert was “one of the natural leaders in the French church and kingdom” and the frequency with which he was consulted provides that judgements were conducted between those who were highly regarded in thinking about what would be just and right in the case at issue. Therefore, as Reynolds argues, “this kind of law is not law at all, but it seems to serve the purposes of what we call law in so far as it is authoritative and

Related Documents

  • Improved Essays

    Common law is the development of systems and rules to articulate a decision based on precedent, tradition and customs. History has developed, through these techniques, to create an ideology that results in a massive grey area within the words. Laws have and will always be words on a piece of paper, the customs of the laws are unique. These customs, precedents, and traditions have created institutional inequality built into the architecture of law. This relationship is presented by Galanter, Derrick Bell, and Austin Sarat.…

    • 724 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In Cesare Beccaria’s “On Crimes and Punishment,” he discusses the specific laws that he believed to be barbaric and in need of reform to more efficiently protect the rights of victims and criminals. This text was well-received by many European emperors during his time and is utilized in the United States’ Constitution and Bill of Rights, as well as still being a reference for legal proceedings to this day. Beccaria was born March 15, 1738 in Milan, Italy to an aristocratic father. He went to a Jesuit primary school where he became interested in mathematics. He continued his education at the University of Pavia where he studied law and became especially interested in philosophers such as Montesquieu.…

    • 971 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    It is genuine the history of law offers us an understanding of how the law evolves with time and space. Both the source of narcotics legislation and Kathryn Burn’s article (Notaries, Truth, and the Consequences) help us flesh out our understanding of sources of legal philosophy. Also, both examples somehow go beyond the traditional roots of law (Statutes, case law, custom, books of authority). As Canadians, we need to know that these traditional roots of law stem from various European system by explorers and settlers.…

    • 1619 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    1. Introduction Focusing on the case of Daniel Garcia, this paper examines the limits of a universal individualist legal framework for the rights of undocumented migrant children in Canada. Daniel Garcia was an eighteen-year old when he was apprehended by police in Toronto and deported from Canada in 2011 (CITE). As the analysis will show, this case exemplifies the problems of Canada’s Immigration and Refugee Protection Act (2001) and sheds lights on how the law breaches children’s rights as defined by the UN Convention on the Rights of the Child. It is an exemplary case of how a universal rights framework has serious limitations for undocumented migrants, including children, arguably the most vulnerable undocumented migrants of all.…

    • 844 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Arc Of Justice Essay

    • 623 Words
    • 3 Pages

    "Law is not law, if it violates the principles of eternal justice." - Lydia Child. The rule of law attests to the idea that the people are to be protected by these very principles. Unfortunately, throughout the world there've been earmarks of injustice from police brutality in the US to the marginalization of women in Afghanistan. Hence, the very reason I want to become a lawyer - to end these perversions.…

    • 623 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The misreading of period I and II sources pervades all modern discussion and will take several chapters to delineate and document. Under¬ lying all these misreading is our loss of access to the depth of the differences that originally separated fundamental law from ordinary law. Fundamental law used much of the terminology of ordinary law: it was called law, it was spoken of as binding, and violations were termed "legal" or "void." But fundamental law was the attempt to bind sovereign power whereas ordinary, law bound individual action. It was on this ground understood to be a political instrument that could bind only politically and morally, not legally.…

    • 108 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Judicial Rhetoric Analysis

    • 1568 Words
    • 7 Pages

    The study of Law and the process of Judicial Rhetoric are two concepts that have been around since the days of Aristotle. While both have transitioned with time, the core of both of them have stayed the same. Where there is law, there has to be some sort of Judicial process. This procedure is how justice is administered and the Truth is upheld in society. You cannot look at one of these ideas without the other.…

    • 1568 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Concepts of freedom and morality gained a lot of momentum during the Enlightenment period. The Enlightenment period saw a shift from the main line of thinking from religion to reason. Because of this shift of the dominant ideologies, philosophers attempted to explain morality through empirical means rather than attributing morality to God. Two of the most influential philosophers of this period were Immanuel Kant and Jean-Jacques Rousseau. This essay will show how Kant’s perspective of freedom and morality was inspired by Rousseau and how the way in which Kant’s view of freedom relates to his idea of the moral law is due to his view of autonomy.…

    • 1129 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The prompt for King’s letter goal is to compare and contrast Letter from a Birmingham Jail and Handbook of Epictetus. One section of King’s letter dealt with the issue of just and unjust laws and how direct action would effect the outcome. King and Epictetus had two different ways of dealing with unjust laws and the effect of them on an individual person. Their thoughts are similar but not similar enough that one could come to the conclusion that they would both agree. Even though they would not be able to agree, both of their solutions can be used together to form a peaceful solution.…

    • 1414 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    In reviewing and arranging the judicial literature, the commissioners discovered that many problems had been highly controversial among the past legal experts and remained so for centuries. Furthermore, Another disadvantage which the Corpus Juris Civilis faced was that there were various textbooks not just one and Justinian’s aim was to preserve all the relevant information in just one text book. It can be argued also that the Corpus Juris Civilis represents only one phase of the Roman era and so there is still a lot of unknown information. In connection to this one can also argue that when the Corpus Juris Civilis was established all the other previous sources were lost, it reduced the great amount of material which had been gathered, all the previous legislation and works of authors became obsolete. They had no relevance to the law because the corpus juris civilis was the essential tool box for all legal practitioners.…

    • 1433 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    The fundamental difference is perhaps the fact that the two philosophers were making considerations of the law in two fundamentally different times, in history. Modern jurisprudence has had several differences about how the law was perceived to be in the past. While human beings recognise social institutions such as parliament and constitutional review bodies as sources of law, other sources of law exist that intrinsically influence the legal processes and the outcome of legal disputes. These include moral and ethical codes as well as religious beliefs that may influence a decision by a judge. For example, in the case against abortion, a staunch Christian who is a judge may have a different ruling from a Judge who does not believe in God.…

    • 1605 Words
    • 7 Pages
    • 9 Works Cited
    Great Essays
  • Great Essays

    The reasoning behind this idea is that law must be authoritative. A key way to identify ‘law’ is that it openly claims this authority – which in turn provides the incentive to act on it. But for law to be successful, it must be able to be followed without any deliberations on the reasoning behind it. Raz thus distinguishes between the reasoning behind a law, which may involve consideration of its moral merits, and the law itself, which, by virtue of its need to have a genuine claim to authority, must not incorporate any moral…

    • 1632 Words
    • 7 Pages
    Great Essays
  • Great Essays

    As a consequence, we have a duty to obey the law but it can be overridden when we have a more pressing moral obligation . Furthermore, to reinforce my point of view I will rely on what Finnis advocated concerning that matter. He was also conscious that saying an unjust law is not a law is a contradiction, when he talked about the peripheral sense of law. Indeed, he explained that law has two senses. On the one hand, law has a focal meaning, “it describes rules which secure the common good by co-ordinating the different goods of individuals” .…

    • 2196 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Using teachings of publicists as a source of law is not common enough but can be seen in some national legislations, like the Article 1 of Swiss Civil Code1907, which indicates that ‘the court shall follow established doctrine’. Those teachings of publicists have their influences on the judgements because of the scientific value, the impartiality and the principles they created. Actually, the principles inside these teachings are perhaps the reason why they can become the sources of international law. For example, the Freedom of the Seas principle was a theory, which Hugo Grotius…

    • 1134 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    He concludes that law is like love because we do not know where it comes from or why it has come, we cannot compel others nor free from…

    • 941 Words
    • 4 Pages
    Improved Essays