Kingship and Law in the Middle Ages

by Fritz Kern, S.B. Chrimes (Introduction & Translator)

Originally published: New York: Frederick A. Praeger Publishers, 1956. xxxi, 214 pp. First published in 1914, this is one of the most important studies of early constitutional law. Kern [1884-1950] observes that discussions of the state in the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount Were they those of the ruler or the people? Kern locates the origins of this debate, which has continued to the twentieth century, in church doctrine and the history of the early German states. He demonstrates that the interaction of these two sets of influences in conflict and alliance prepared the ground for a new outlook in the relations between the ruler and the ruled, and laid the foundations both of absolutist and of constitutional theory (4).

Genres: History, Law, Politics, Nonfiction, Medieval History

250 pages, Hardcover

First published January 1, 1970

Reviews

[Cat · Rating 5 out of 5]

This book had the misfortune to be published in Germany the same month World War I broke out. Bummer for Fritz Kern. Despite the unfortunate timing of its initial publishing, this is still an indispensable source for information about the legal theory underlying Kingship in the EARLY middle ages, and is a must read for anyone seeking a broad perspective on the origins or western/constitutional style government. The harper torchbook edition is both functional and stylish- they don't make paperbacks like this anymore!

[Jacabaeus · Rating 4 out of 5]

Exceptionally incisive and informative, but very dense and a hard slog of a read. Some passages required significant focus to parse out what was really meant. The first half on the law surrounding kings was interesting, but where this book really shines is the second half on the development of constitutionalism, public law, and rights.

[James Bechtel · Rating 4 out of 5]

4.5 stars.