Rerum Anglicarum libri quinque

Obra perteneciente al Fondo Antiguo de la Biblioteca de la USA

Gesta Stephani, Regis Anglorum.

Vol. 4 has imprint: London, Printed for H.M. Stationery off., by Eyre and Spottiswoode

Gesta Stephani, Regis Anglorum.

Vol. 4 has imprint: London, Printed for H.M. Stationery off., by Eyre and Spottiswoode

Monstrous Words, Monstrous Bodies: Irony and the Walking Dead in Walter Map's De Nugis Curialium

This article analyses the function of the tales of the walking dead found in Distinction II of Walter Map's De Nugis Curialium (c.1182). Map's sole surviving work, the “Courtiers’ Trifles” is a collection of historical narratives, wonder stories, witty asides and anecdotes collated during his employment at Henry II's court. The satirical nature of the De Nugis has been noted by previous scholars; however, this has yet to be discussed specifically with regard to the tales of the undead. Following a discussion of the twelfth-century traditions of satirical literature and the ways in which medieval authors approached the trope of irony, the second part of the narrative will examine how Map, a master of the “art of lying”, deconstructed the conventions of wonder stories. It will be argued that as well as using these tales to satirise the historiographical function of mirabilia, they were also used to critique the reality of court life and, on a deeper level, the literary function of ambiguity itself. The inherent irony of the walking dead, the dissonance between physical form and metaphysical intent, meant that they could be inscribed with multiple, parallel meanings

The Common Law Character of English Charters: Spontaneous Order in the Constitutions of Clarendon (1164)

The Constitutions of Clarendon are presented as an illustration of the common-law character of English charters. Although formally renounced and abrogated shortly after ratification, the Constitutions remain a fundamental basis for the separation of church and state. Analysis of the historical literature reveals that spontaneous order subsumes many kinds of positive law and designed order. The emergence of spontaneous order in common law is described, defined, and contrasted with positive legislation. Spontaneous order allowed secular society to grow and flourish. It is acknowledged that charters played a secondary role in making positive law, and were precursors to modern positive legislation. The implications of positive versus spontaneously evolved law for economic efficiency are discussed. The historical context and aftermath of the Constitutions is presented, and their content is discussed and analyzed from an economic perspective. The key legal problem the Constitutions addressed was the relationship between competing secular and canon-law jurisdictions, which suffered from inherent conflicts-of-interest. This provided economic decision makers perverse incentives. Prior to the Constitutions, the Church was able to act as plaintiff and judge in civil disputes and intimidate litigants by exercising criminal jurisdiction. Finally, the Constitutions are discussed and presented as an example of spontaneously evolved law, which promoted greater entrepreneurial freedom and economic efficiency. Copyright Springer Science+Business Media, Inc. 2005spontaneous order, common law, entrepreneurship, royal charter,