法律环境

T. Johnson
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引用次数: 0

摘要

这一章认为,法律在中世纪晚期的英格兰有实际的存在。法律观念并不仅仅存在于文字中,而是在物质环境中的具体表现中形成的;在这片土地上,他们得以表达、争夺和解决。生活在离土地很近的地方的人们凭直觉就能理解它的意义。他们知道,他们居住和工作的地方充满了不同的法律要求,有些是由几代人的制度或习惯安排所确立的,它们构成了日常建筑的一部分,而另一些则潜伏在缓慢变化的土地中,一旦河流改道或建造新建筑,就会成为问题。这种主张的存在使日常活动具有了法律意义:人们必须注意自己的脚步,以符合某些主张的方式在世界上移动,同时也要反对其他主张——在特定的田地里赶牛,把界石移到“适当的”地方,在河流的某个地方钓鱼——用一种广泛可理解的法律语言。中世纪晚期的景观代表了一个巨大的表面,非精英可以在上面制作自己的法律铭文。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Legal Landscape
This chapter argues that law had a physical presence in the landscape of late-medieval England. Legal ideas did not consist merely in words and writings, but were constituted in their concrete manifestations in the material environment; this was the terrain upon which they were articulated, contested, and resolved. People whose lives were lived so close to the land understood its signification intuitively. They knew the places in which they dwelt and worked were replete with different legal claims, some so well established by generations of institutional or customary arrangements that they formed part of the architecture of the everyday, while others remained latent in the slowly changing land, ready to become problematic if a stream were diverted, or new buildings were constructed. The existence of such claims imbued everyday mobilities with legal significance: people had to watch their step, moving through the world in ways that accorded with some claims while contesting others—droving cattle through a particular field, moving a boundary stone to its ‘proper’ place, fishing at a certain point on the river—in a legal language that was broadly comprehensible. The late-medieval landscape represented a large surface on which non-elites could make their own legal inscriptions.
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