Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France

Custom was essential to medieval legal practice, but it underwent a significant shift in the medieval period, from being largely oral and performed to being conceptualized in writing. This transformation had a profound impact on the cultural world of law, as authors combined ideas, experience, and critical thought to write lawbooks that made disparate customs into the field known as customary law.

Format: Hardback
Length: 429 pages
Publication date: 03 November 2022
Publisher: Cambridge University Press

Custom played a pivotal role in medieval legal practice, encompassing a wide range of disputes and trials. Whether it was a property conflict or a murder case, individuals seeking justice would resort to lay courts, where cases were resolved according to prevailing customs. However, the concept of custom underwent a significant transformation during the medieval period. Between the twelfth and thirteenth centuries, custom transitioned from being predominantly oral and performed to being conceptualized in writing. This shift was facilitated by French lawbooks known as coutumiers, which provided a written record of customary practices.

Ada Maria Kuskowski delves into the profound repercussions of this transformation, particularly in terms of custom's transition from unwritten to written form and the shift from elite Latin to common vernacular in the language of law. Through her meticulous analysis, Kuskowski sheds light on how this shift impacted the cultural world of law. Vernacular Law offers a fresh perspective on the formation of a new field of knowledge. Authors of lawbooks during this period combined ideas, experiences, and critical thinking to create comprehensive legal treatises that unified diverse customs into the realm of customary law.

This transformation not only expanded the scope of legal knowledge but also democratized it. Previously, legal expertise was limited to a privileged elite, but with the advent of written law, ordinary people could access legal information and understand their rights and obligations. Custom became a dynamic and evolving concept, shaped by social, economic, and political factors, and it played a crucial role in shaping the legal landscape of medieval Europe.

Weight: 790g
Dimension: 159 x 237 x 34 (mm)
ISBN-13: 9781009217897