"CONFLICT RESOLUTION IN MEDIEVAL EUROPE"
Wednesday 7:30 - 9:25 pm
COURSE REQUIREMENTS (50 page writing maximum)
The course will focus on examination of the readings through class discussion. There will also be some lecturing, especially early on in the semester. Really attentive reading of the primary and secondary literature is essential to make possible active participation in the discussions. (All materials will be in English.) In addition the student will be responsible for:
1. -- Weekly reports (extremely brief, maximum 2 pp.) on the readings, or some aspect of particular note. (These are to be handed in at the class and will be graded as S/U, Satisfactory/Unsatisfactory.)
2. -- Short Paper should take
off from the readings for the first few weeks, and may, if you
wish, take the form of a (critical) comment on one of
these texts. 5 pages.
3. -- A research paper (10-20 pp.) treating some aspect of medieval European conflict in the light of modern dispute resolution literature, legal, anthropological, political etc.
4. -- Oral contribution: Depending on class enrolment, students will be expected to initiate 1-2 seminar discussions from material in their written report for those weeks.
REQUIRED READINGS :
Galbert of Bruges, The Murder of Charles the Good, tr. James Bruce Ross [Course Packet from Campus Store]
Raoul de Cambrai, tr. S. Kay [Course Packet from Campus Store]
Conflict in Medieval Europe, ed. W. Brown and P. Gorecki (2003) [P]
W.I. Miller, Bloodtaking & Peacemaking: Feud, Law & Society in Saga Iceland [P]
R. Ellickson, Order Without Law (Harvard U.P. 1991)
J.L. Comaroff & S. Roberts, Rules & Processes: The Cultural Logic of Dispute in an African Context
Njal's Saga, tr. R. Cook (Penguin)
and Reconciliation in Medieval England (2003)
D. Kahneman, Thinking Fast and Slow (2011)
W. Davies and P. Fouracre (eds), The Settlement of Disputes in Early Medieval Europe [P]
Frans de Waal, Peacemaking among Primates (Cambridge, Mass., Harvard U.P.: 1989) [P]
I shall probably distribute some readings electronically; these are marked below [E], while [CE] indicates that you can download material from the library catalog. Some come from an old Course Reader, of which I will try to deposit a copy at Uris Library along with the rest of the Book Reserve, marked below [U]. Books also available in incomplete “preview” form online are marked [P]. Some readings (mostly my own translations) are accessible for reading and printing out through links on the Web version of this syllabus. Other materials may be available for xeroxing outside my office door (to be indicated by "Pouch" below).
WEEKLY TOPICS AND READINGS
I. Jan 23 INTRODUCTION
Anyone with limited knowledge of the
Middle Ages would gain
from a quick preparatory reading of a book like Hollister, Medieval
Europe or Strayer, On the Medieval Origins of the Modern
To supplement the lectures, on approaches to dispute resolution, you can read at some stage Roberts, Order and Dispute [U]. My lectures originally started from this book, which would have been used as a text had it been in print. You should certainly read Comaroff & Roberts, caps. 1-3, 7-8 by Week V, but do not start it until after Week II.
II Jan 30 THE LEGAL HERITAGE OF THE CAROLINGIANS
in Geary, Readings in
History [E], 332-8; F.L. Ganshof, "Charlemagne &
of Justice", in his Frankish Institutions Under Charlemagne
York 1968), 71-97 [E]; F.L. Cheyette, "Duby's Maconnais after 50 Years...",
J. Medieval History
(2002) [[E] will help to
up for Week III what was formerly the received view.
I have not assigned Duby's own
of his views. The best piece is in his The Chivalrous Society,
chap. 2, of which you can find the first part on Google Books. [P] You can also find uniquely
site a very brief sketch he wrote of his massive study of the Maconnais in
Optional Readings: Helmstan’s Case from S. Keynes, "The Fonthill Letter" (from M. Korhammer (ed.), Words, Texts & Manuscripts, 1992 ) [E] and Asser, Life of King Alfred, cap. 106 in Geary, Readings [E], 266-7.
III. Feb 6 FEUDAL ANARCHY?
Readings Fulbert of Chartres
letter [R] and "Agreement
Ct. William IV of Aquitaine & Hugh IV of Lusignan"
[WEB]; G. Duby, "The Evolution of Judicial Institutions: Burgundy
10th and 11th Centuries" from his The Chivalrous Society
1980), 15-58 [E].
These texts naturally raise questions which suggest to some people the magic word "Feudalism". For some reviews on the recent book Fiefs and Vassals (1994) by Susan Reynolds click here; you should also be able to find constructive and other reviews of Reynolds, some possibly on the Web eg Ben Thompson. It will probably also be well worth reading in English translation, Duby's own abstract of his great book on the Maconnais.
turns on the critiques of Duby's views:- Cheyette, "Some
Violence, Reconciliation, & the 'Feudal revolution'", Conflict, chap. 13 is
accessible; S.D. White, "...Rereading Burgundian Judicial
chap. 2 (try it from p. 47) is quite difficult but very good.
William Twining, "The Bad Man Revisited", 58 Cornell Law Review (1972-1973), 275 Is very good value indeed! [CE]
IV. Feb 13 CONFLICT AS STRUCTURE IN SOCIETY
Readings: Galbert of Bruges, The
of Charles the
Count of Flanders (1967); Miller, Bloodtaking &
Here (and elsewhere) much
on what you make of Oaths.
John Spurr, "A Profane
History of Early Modern Oaths", Transactions Royal Historical
Society 6th series xi (2001), pp. 37-63 [CE] is suggestive of
promising approaches and gives many references to the
Graduate students may be interested in the basic Bible texts along with some
And a Happy
V. Feb 20 SOME MODERN THEORY (LEGAL, ANTHROPOLOGICAL etc.)
Readings: Ellickson, Part I or Comaroff and Roberts.
Alternative Reading: Black,
"Crime as Social control"
Roberts, "The Study of Dispute: Anthropological Prespectives"
C. Tilly, "War Making and State Making as Organized Crime," in From Bringing the State Back In, ed. Peter Evans et all.l
(Cambridge: Cambridge University Press, 1985), 169-91. [OLIN]
VI Jan 27 THE FORMAL TRIAL
Readings: The Song of
Marie de France,
[E]; Hyams, "Henry
& Ganelon" [E].
Readings: Hudson,"Court Cases & Legal Arguments in
England, c. 1066-1166", Transactions of the Royal Historical
Society, 6th s. 10 (2000), 91-115 [CE];
Tabuteau, Punishments in 11th-cent. Normandy" & Koziol,
as Ritual", in Conflict,
VII. Mar 6 THE ORDEAL
Readings: Galbert, 282-289; Gottfried von Strassberg, Tristan tr. Hatto (extract) [Pouch; E]; Hyams, "Trial by Ordeal: the Key to Proof in the Early Common Law", M.S. Arnold etc. (edd.), On the Laws and Customs of England: Essays in Honor of S.E. Thorne (1981), 90-126 [E]; White, "Preparing the Ordeal & Avoiding it", in Bisson (ed.), Cultures of Power (1995), 89-123 [E]; R.M. Fraher, "IV Lateran’s Revolution in Criminal Procedure: The Birth of Inquisition, the End of Ordeals, & Innocent III’s Vision of Ecclesiastical Politics", Studia…A.M. Stickler (1992), 97-111 [Pouch]. R. Bartlett, Trial by Fire & Water (1986), the best short introduction [U] is unfortunately out of print.
VIII. Mar 11 VIOLENCE IN SAGA CULTURE
Reading: . Njal's Saga (from chap. 19 on)Optional Reading: Rancor and Reconciliation, chaps. 1-2; Miller, Bloodtaking & Peacemaking [P].
SPRING BREAK SAT MAR 16- MON MAR 25
IX. Mar 25
BEHAVIORAL ECONOMICS (&
RATIONAL ACTOR THEORY)
Reading: Kahneman (Parts 1-2, and
pages to be specified)
Readings: Raoul de Cambrai [E]; White, "Feuding & Peacemaking in the Touraine around the Year 1100", Traditio 42 (1986) [E].
Alternative Readings: "Vassalic
Conflicts at St. Victor";
in Conflict in Stateless France: Conflict Management
1050-1200", tr. from Annales 41 (1986) [E];
Optional Readings: "Concord between Laurence the Clerk & Sir Simon of Stanstead, c. 1150/78" .
XI. Apr 10 RELIGION AND PEACE
Readings: "Miracles of
Ursmer" [E]; Koziol,
Feuds & the Making of Peace in 11th-Century Flanders", Historical
Reflections 14 (1987) [E]; Wm.
Of Malmesbury on a feud
by St. Wulfstan [E]. Rancor
and Reconciliation index s.v. Peacemaking (eg pp. 142-4,
+ relevant case anecdotes in App.
& Peacemaking, cap.
8. "The Rochester Curse" from Tristram Shandy
Little, "The Morphology of Monastic
tr. from Annales 34 (1979) [R]. P.J. Geary articles (eg
Saints") & more generally, "Living
with Conflicts in Stateless France" (1986) [E].
of Sainte Foy [OLIN] is
remarkable collection of miracle stories (incl. many relevant to
week's theme) from the abbey of Sainte Foye of
Conques in SW France.
Writing Faith, By Kathleen M. Ashley, Pamela Sheingorn [OLIN] is the obvious commentary to start you off.
XII. Apr 17 HIGH MEDIEVAL JUSTICE
Readings: Rancor and Reconciliation, chaps. 5-7; "Thomas of Elderfield". P.R. Hyams, "The Strange Case of Thomas of Eldersfield", History Today 36 (1986) [CE]; H. Summerson, Crown Pleas of the Devon Eyre of 1238 (Devon & Cornwall Record Society n.s. 28: 1985) [E].
Alternative Readings: "The Trial of Enguerrand de Coucy before Louis IX, 1259" ; . J.R. Strayer, On the Medieval Origins of the Modern State (1970), cap. 1 [U].
XIII. Apr 24 PITCHED BATTLE & REAL WARFARE
Readings: G. Duby, The Legend of Bouvines (1973), esp. pp. 37-54 [U] with the primary accounts of the battle at http://www.deremilitari.org/resources/sources/bouvines.htm; J. Gillingham, "War & Chivalry in the History of William the Marshall", Thirteenth Century England, 2 (1988), 1-13, with 3 primary battle accounts at http://www.deremilitari.org/resources/sources/marshal.htm.
XIV. May 1 CONCLUSIONS: CONFLICT IN THE MIDDLE AGES & TODAY
Readings: Everything above! plus Conflict, chap. 14.
RESEARCH PAPER DUE MON MAY 6
EXAM PERIOD May 6-15