Those Things Which Are Written in Romance: Language and Law Teaching in Thirteenth-Century England

IF 0.6 Q2 LAW AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2022-11-18 DOI:10.1093/ajlh/njac020
Thomas McSweeney
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Abstract

Around 1250, a shift began to occur in texts written on the common law. Where earlier texts on the practices of the king’s courts had mostly been written in Latin, a number of the new texts written after 1250 were written in French. The shift to French initially occurred mostly in the context of texts on counting and pleading, the oral parts of court procedure, which were conducted in French, and one author of the 1280s even suggested that by his time a norm had developed that texts on counting and pleading should be written in French. This article examines the evidence for such a norm and the reasons for the shift to French in the later thirteenth century. It uses texts on counting and pleading to examine how both French and Latin were used in the education of pleaders and concludes that, although a norm probably did exist that the oral parts of procedure should be taught in French, Latin was still being used for a number of different purposes in the education of pleaders.
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那些写在罗曼史上的东西:13世纪英国的语言和法律教学
1250年左右,普通法上的文本开始发生转变。早期关于国王宫廷惯例的文本大多是用拉丁语写的,1250年之后写的一些新文本是用法语写的。向法语的转变最初主要发生在计数和辩护的文本中,法庭程序的口头部分是用法语进行的,1280年代的一位作者甚至提出,在他那个时代,计数和辩护的文本应该用法语书写已经形成了一种规范。本文考察了这种规范的证据以及13世纪后期转向法语的原因。它使用关于计数和辩护的文本来研究法语和拉丁语是如何在辩诉官的教育中使用的,并得出结论,尽管可能确实存在一种规范,即程序的口头部分应该用法语教授,但在辩诉官的教育中,拉丁语仍然被用于许多不同的目的。
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
17
期刊介绍: The American Journal of Legal History was established in 1957 as the first English-language legal history journal. The journal remains devoted to the publication of articles and documents on the history of all legal systems. The journal is refereed, and members of the Judiciary and the Bar form the advisory board.
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