HISTORY 4360

"CONFLICT RESOLUTION IN MEDIEVAL EUROPE"

SPRING 2013

Wednesday 7:30 - 9:25 pm
GS 181

Professor Hyams                                                                    
Tel: 5-2076; 257-3168              Net-ID: prh3                      WWW: http://www.arts.cornell.edu/prh3/436/index.html
Office Hours: Wed 1:30-2:30 pm, Thurs 3-4 pm

This seminar, though designed in the first instance for History majors, should possess some attractions for majors in Anthropology (and other social sciences) and for Law students. It concentrates on the period between the collapse of the Carolingian Empire in the late 9th and 10th centuries and the development in the thirteenth century of precursors to the modern European state. During this time, much of Europe lacked formal systems of justice with which to control society. Viewed one way the theme is political history upside-down, from the view-point of individuals rather than their rulers. Men and women handled conflict situations through a wide variety of social and cultural values and rules, shared and generated in diverse ways. Many of these mechanisms have obvious parallels in stateless societies of the "anthropological present" (ie fairly recent past). We shall therefore examine ways in which anthropologists and others can assist historians in understanding the play of conflict in the medieval West, and for that matter, in our own world outside the courts and formal institutions of the Law. The readings will be partly from the theoretical and comparative studies of academic legal studies, anthropology etc. and partly narratives of conflict in medieval society with samples of recent historical comment. The course is open to all. Survey courses in medieval history would certainly be helpful but are not required.

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 :

The Song of Roland,
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)

OPTIONAL READINGS:

Hyams, Rancor 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 immensely from a quick preparatory reading of a book like Hollister, Medieval Europe or Strayer, On the Medieval Origins of the Modern State. [U]
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

Readings: Carolingian Documents in Geary, Readings in Medieval History [E], 332-8; F.L. Ganshof, "Charlemagne & the Administration of Justice", in his Frankish Institutions Under Charlemagne (New York 1968), 71-97 [E]; F.L. Cheyette, "Duby's Maconnais after 50 Years...", J. Medieval History 28 (2002) [[E] will help to set up for Week III what was formerly the received view.

I have not assigned Duby's own account 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 on my site a very brief sketch he wrote of his massive study of the Maconnais in English translation.

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 between Ct. William IV of Aquitaine & Hugh IV of Lusignan" [WEB]; G. Duby, "The Evolution of Judicial Institutions: Burgundy in the 10th and 11th Centuries" from his The Chivalrous Society (Berkeley 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.

Optional Readings: Much turns on the critiques of Duby's views:- Cheyette, "Some reflections on Violence, Reconciliation, & the 'Feudal revolution'", Conflict, chap. 13 is accessible; S.D. White, "...Rereading Burgundian Judicial Institutions", Conflict, 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 Murder of Charles the Good, Count of Flanders (1967); Miller, Bloodtaking & Peacemaking, chap. 3.

Here (and elsewhere) much turns 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 several promising approaches and gives many references to the literature. Graduate students may be interested in the basic Bible texts along with some gloss material.

And a Happy Valentine's Day!

V. Feb 20        SOME MODERN THEORY (LEGAL, ANTHROPOLOGICAL etc.) 

Readings: Ellickson, Part I or Comaroff and Roberts.

Alternative Reading: Black, "Crime as Social control" [P]; Roberts, "The Study of Dispute: Anthropological Prespectives" [P].
                                        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 Roland; Marie de France, "Lanval" [E]; Hyams, "Henry II & Ganelon" [E].

Optional 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, "Judgment as Ritual", in Conflict, chaps. 6-7.

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)

X. April 3        PEACEMAKING

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"; Geary, "Living in Conflict in Stateless France: Conflict Management Mechanisms, 1050-1200", tr. from Annales 41 (1986) [E]; Rancor and Reconciliation, chap. 1.

Optional Readings: "Concord between Laurence the Clerk & Sir Simon of Stanstead, c. 1150/78" .

XI. Apr 10        RELIGION AND PEACE

Readings: "Miracles of St. Ursmer" [E]; Koziol, "Monks, Feuds & the Making of Peace in 11th-Century Flanders", Historical Reflections 14 (1987) [E]; Wm. Of Malmesbury on a feud pacification by St. Wulfstan [E]. Rancor and Reconciliation index s.v. Peacemaking (eg pp. 142-4, 202-8) + relevant case anecdotes in App.

Optional: Miller, Bloodtaking & Peacemaking, cap. 8. "The Rochester Curse" from Tristram Shandy [R]; Nunnaminster Curse; L.K. Little, "The Morphology of Monastic Curses", tr. from Annales 34 (1979) [R]. P.J. Geary articles (eg "Humiliation of Saints") & more generally,  "Living with Conflicts in Stateless France" (1986) [E].

The Book of Sainte Foy [OLIN] is a remarkable collection of miracle stories (incl. many relevant to the 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

Links to Translations:
PRH/1-13 E&OE