Bibliography

Jaqueline
Bemmer
s. xx / s. xxi

5 publications between 2011 and 2018 indexed
Sort by:

Contributions to journals

Bemmer, Jaqueline, “The duality of sin and delict - penance to God, penalty to Men: a legal perspective”, Peritia 29 (2018): 11–29.  
abstract:

Recognition of an offence in early Irish law entailed not punishment but compensation by payment. Some of these offences were also regulated in the penitentials and in canon law, posing the question of how penance and payment intertwined and to what communities they catered. This paper investigates the influence of this perceived duality in the paradigm of liability and sin from a legal perspective.

abstract:

Recognition of an offence in early Irish law entailed not punishment but compensation by payment. Some of these offences were also regulated in the penitentials and in canon law, posing the question of how penance and payment intertwined and to what communities they catered. This paper investigates the influence of this perceived duality in the paradigm of liability and sin from a legal perspective.

Bemmer, Jaqueline, and T. M. Charles-Edwards, “Irish and Welsh law in the European contexts”, Clio@Themis 10 (2016). URL: <http://www.cliothemis.com/Irish-and-Welsh-Law-in-the>. 
abstract:
This paper traces the relationship of the Roman Empire with Ireland and Wales from roughly the fifth to the seventh centuries and probes the role that Roman and Canon law played there following the events of 410, based on evidence from authors, such as Prosper of Aquitaine, Venantius Fortunatus, Zosimus and Gildas, as well as the vernacular legal traditions. This approach allows us to investigate perceptions of legal identity in Post-Roman Britain and the echoes of Latin learning embraced in Ireland.
abstract:
This paper traces the relationship of the Roman Empire with Ireland and Wales from roughly the fifth to the seventh centuries and probes the role that Roman and Canon law played there following the events of 410, based on evidence from authors, such as Prosper of Aquitaine, Venantius Fortunatus, Zosimus and Gildas, as well as the vernacular legal traditions. This approach allows us to investigate perceptions of legal identity in Post-Roman Britain and the echoes of Latin learning embraced in Ireland.
Bemmer, Jaqueline, “The early Irish hostage surety and inter-territorial alliances”, Historical Research 89:244 (May, 2016): 191–207.  
abstract:
This article examines the legal evidence on treaty law in early medieval Ireland, focusing on fragments from the lost law text Bretha cairdi (Treaty judgements) and the short text Slán n-aitire cairde (The Immunity of a Hostage-Surety in a Treaty). It aims to examine the ways in which jurists faced cross-border violence and to look at how law was used to forge a political alliance in extending legal allowances and duties beyond the frontier, and so permit designated enforcers from both sides to collaborate in the quest for legal satisfaction and social stability.
(source: article)
abstract:
This article examines the legal evidence on treaty law in early medieval Ireland, focusing on fragments from the lost law text Bretha cairdi (Treaty judgements) and the short text Slán n-aitire cairde (The Immunity of a Hostage-Surety in a Treaty). It aims to examine the ways in which jurists faced cross-border violence and to look at how law was used to forge a political alliance in extending legal allowances and duties beyond the frontier, and so permit designated enforcers from both sides to collaborate in the quest for legal satisfaction and social stability.
(source: article)
Bemmer, Jaqueline, “Validity and equality in early Irish contract law: dliged and cert in the light of Cóic conara fugill”, Studia Celtica Fennica 8 (2011): 5–18.  
abstract:
The purpose of this article is to analyse the unique procedural division between dliged (entitlement) and cert (justice) in the Cóic Conara Fugill (The Five Paths to Judgement), by means of comparing its evidence with other Irish legal sources relevant to contract law, such as Berrad Airechta (The Shearing of the Court) and Di Astud Chor (On the Securing of Contracts). Cóic Conara Fugill is the only tract which delineates specific paths to judgement in court and distinguishes between dliged, envisaged as an action taken to challenge the validity of a contract and cert as a plea directed to adjust inequities within a valid contract. This division finds further reflection in the differing guarantees demanded for each plea, the classical, contractual naidm-surety for dliged but, on the contrary, a smachtgille (one-seventh pledge) for cert. This classification is striking because it is not found in any other legal source and stands in marked contrast to provisions in Berrad Airechta and Di Astud Chor which appear  to treat the issue of commercial activities as having but one underlying judicial concern, the overall regulation of contractual agreements. A closer examination of Cóic Conara Fugill will contribute to the understanding of the nature of contractual obligations in early Ireland and will certainly provide us with intriguing questions for further investigation.
abstract:
The purpose of this article is to analyse the unique procedural division between dliged (entitlement) and cert (justice) in the Cóic Conara Fugill (The Five Paths to Judgement), by means of comparing its evidence with other Irish legal sources relevant to contract law, such as Berrad Airechta (The Shearing of the Court) and Di Astud Chor (On the Securing of Contracts). Cóic Conara Fugill is the only tract which delineates specific paths to judgement in court and distinguishes between dliged, envisaged as an action taken to challenge the validity of a contract and cert as a plea directed to adjust inequities within a valid contract. This division finds further reflection in the differing guarantees demanded for each plea, the classical, contractual naidm-surety for dliged but, on the contrary, a smachtgille (one-seventh pledge) for cert. This classification is striking because it is not found in any other legal source and stands in marked contrast to provisions in Berrad Airechta and Di Astud Chor which appear  to treat the issue of commercial activities as having but one underlying judicial concern, the overall regulation of contractual agreements. A closer examination of Cóic Conara Fugill will contribute to the understanding of the nature of contractual obligations in early Ireland and will certainly provide us with intriguing questions for further investigation.

Contributions to edited collections or authored works

Bemmer, Jaqueline, “The types of pledges in medieval Irish law: form, function and context”, in: Ahlqvist, Anders, and Pamela O'Neill (eds), Medieval Irish law: text and context, Sydney Series in Celtic Studies 12, Sydney: Celtic Studies Foundation, University of Sydney, 2013. 3–23.