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The Legal Profession in England and Wales

The Legal Profession in England and Wales BOOK REVIEWS 403 not only for our understanding of the laudatio but for our understanding of medieval litigation and arbitration in general. For example, that in England persons structured transactions in the form of litigation resulting in a settlement, a fine, in the king's court becomes more understandable as does the high settlement rate of cases in the king's court. White's mode of understanding claim-making also suggests a new way of looking at the effects of the emergence of rules enforced by a central bureaucracy. Having placed the laudatio within an understanding of kinship, White goes further and demonstrates that the grantor and his kin mobilized on the occasion of the grant sought to establish a spiritual kinship with the saint of the monastery or church receiving the grant. White interprets the words of inheritance used in grants to immortal saints and their monasteries as efforts to create spiritual inheritances. The countergifts to the participants in the grant made the connection with the saint. In short, we do best to see these grants as '"'total exchanges' rather than convey­ ances of land." (p. 170) From this interpretation of the laudatio, White criticizes the views of Duby and Fossier on http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Legal History Oxford University Press

The Legal Profession in England and Wales

American Journal of Legal History , Volume 33 (4) – Oct 1, 1989

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Publisher
Oxford University Press
Copyright
Copyright 1989 Temple University. For permissions, please e-mail: journals.permissions@oup.com
ISSN
0002-9319
eISSN
2161-797X
DOI
10.2307/845303
Publisher site
See Article on Publisher Site

Abstract

BOOK REVIEWS 403 not only for our understanding of the laudatio but for our understanding of medieval litigation and arbitration in general. For example, that in England persons structured transactions in the form of litigation resulting in a settlement, a fine, in the king's court becomes more understandable as does the high settlement rate of cases in the king's court. White's mode of understanding claim-making also suggests a new way of looking at the effects of the emergence of rules enforced by a central bureaucracy. Having placed the laudatio within an understanding of kinship, White goes further and demonstrates that the grantor and his kin mobilized on the occasion of the grant sought to establish a spiritual kinship with the saint of the monastery or church receiving the grant. White interprets the words of inheritance used in grants to immortal saints and their monasteries as efforts to create spiritual inheritances. The countergifts to the participants in the grant made the connection with the saint. In short, we do best to see these grants as '"'total exchanges' rather than convey­ ances of land." (p. 170) From this interpretation of the laudatio, White criticizes the views of Duby and Fossier on

Journal

American Journal of Legal HistoryOxford University Press

Published: Oct 1, 1989

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