La interpretación de disputas y resoluciones: el caso inglés, c. 1066-1135
DOI:
https://doi.org/10.3989/hispania.1997.v57.i197.672Keywords:
Law, Disputes, Anglo-norman england, Courts, Judgment, Ordeal, Pleading, Politics, Violence, Jurisprudence.Abstract
This article examines the role of law and legal ideas within disputes in Anglo-Norman England. It provides a critique of two influential models of disputing, one of which emphasises the use of ordeal, the other the influence of «political» factors, such as power and friendship. It argues that the processing of some disputes may fit one or other of these models, but a large proportion and a wide variety of cases display a considerably grater influence for legal norms and ideas. It concludes by comparing such norms and ideas with certain pictures of modern law put forward by some recent writings on jurisprudence.
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