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<article dtd-version="1.1" article-type="book-review">
  <front>
    <journal-meta>
      <journal-id>TMR</journal-id>
      <journal-title-group>
        <journal-title>The Medieval Review</journal-title>
      </journal-title-group>
      <issn pub-type="epub">1096-746X</issn>
      <publisher>
        <publisher-name>Indiana University</publisher-name>
      </publisher>
    </journal-meta>
    <article-meta>
      <article-id pub-id-type="publisher-id">20.08.19</article-id>
      <title-group>
        <article-title>20.08.19, O'Callaghan, Alfonso X, the Justinian of His Age</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <name>
            <surname>Miguel Gomez</surname>
            <given-names/>
          </name>
          <aff>University of Dayton</aff>
          <address>
            <email>mgomez1@udayton.edu</email>
          </address>
        </contrib>
      </contrib-group>
      <pub-date publication-format="epub" date-type="pub" iso-8601-date="2020">
        <year>2020</year>
      </pub-date>
      <product product-type="book">
        <person-group>
          <name>
            <surname>O'Callaghan, Joseph F</surname>
            <given-names/>
          </name>
        </person-group>
        <source>Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile, </source>
        <year iso-8601-date="2019">2019</year>
        <publisher-loc>Ithaca, NY</publisher-loc>
        <publisher-name>Cornell University Press</publisher-name>
        <page-range>pp. xii, 374</page-range>
        <price>$49.95 (hardback)</price>
        <isbn>978-1-50173-589-6 (hardback)</isbn>
      </product>
      <permissions>
        <copyright-statement>Copyright 2020 Trustees of Indiana University. Indiana University provides the information contained in this file for non-commercial, personal, or research use only. All other use, including but not limited to commercial or scholarly reproductions, redistribution, publication or transmission, whether by electronic means or otherwise, without prior written permission of the copyright holder is strictly prohibited.</copyright-statement>
      </permissions>
    </article-meta>
  </front>
  <body>
    <p/>
    <p>Alfonso X of Castile-León remains one of the most reliably famous and
                    well-studied monarchs, not just of medieval Iberia, but of the entirety of the
                    European Middle Ages. Whether as "<italic>el Sabio</italic>", "the Wise
                    King", or the "Learned King", Alfonso's reign, and in particular his prodigious
                    literary, scholarly, and juridical work, has attracted scholarly attention
                    regularly and reliably for years. The new book under review here, <italic>Alfonso X, The Justinian of His Age</italic> is at least the third
                    English-language monograph on the topic in the last five years. [1] This is
                    also, of course, well-trodden ground for Joseph O'Callaghan, as much of his own
                    prodigious scholarly work has focused directly or indirectly on Alfonso X, from
                    his 1989 <italic>The Cortes of Castile-León, 1188-1350</italic> to his
                        1993<italic>The Learned King: The Reign of Alfonso X of
                        Castile</italic>, to his 1998 <italic>Alfonso X and the Cantigas de
                        Santa Maria.</italic> [2] Alfonso X even gets top-billing in the title of his
                    1998 Variorum edition of collected articles. [3] Naturally, this new book has
                    deep roots in the author's older scholarship, and grows out of some the most
                    fertile sections. Nearly thirty years after demonstrating the centrality of
                    legal reform to the reign of Alfonso X, and in particular the significance of
                    the famous <italic>Siete Partidas</italic> law code, O'Callaghan has
                    returned to update and expand upon his earlier work. The result is a
                    comprehensive analysis of not only the king's practical legal achievements, but
                    of the ways in which his work reflected both the ideals and realities of
                    thirteenth-century life.</p>
    <p>The book begins with two chapters that are essentially introductory in nature,
                    followed by eleven chapters, which each take up one field of the Alfonsine body
                    of law, with a final conclusion. Each chapter is further divided into
                    subsections, the first and last of which serve as convenient bookends, and
                    deploy direct quotations of the various legal texts in old Castilian. </p>
    <p>Chapter 1 introduces the reader to the king and his legal projects. O'Callaghan
                    explains that the inspiration for the subtitle of the book comes from Edward
                    Jenks, who called Edward I "the English Justinian" (3). The methodology of the
                    study is also described: the expositions of the various sections of the
                    Alfonsine Code are paired with practical examples and illustrations of the law,
                    drawn from diplomatic and literary sources. The chapter concludes with a brief
                    thumbnail biography of the king, making reference both to the political
                    challenges (or failures) and cultural achievements of Alfonso's career. </p>
    <p>The second chapter works to disentangle the various legal texts created during
                    the reign, and to explain their promulgation. The project that created the
                    Alfonsine codes was initiated under Fernando III, who ordered his son to
                    complete it (9). These codes were essentially completed in two stages: the <italic>Espéculo</italic> (a law code itself, but probably intended as a
                    guide for judges) and the <italic>Fuero real</italic>, likely promulgated
                    in 1254 and 1256, followed by the later expansion on this original work, the <italic>Libro de las leyes</italic>, better known as the <italic>Siete Partidas</italic>, completed in 1265. The remainder of the chapter is
                    largely dedicated to justifications made by Alfonso and his court for this major
                    revision of Castilian legal practice. The king emphasized not only the
                    expediency of a uniform law code for his realm, but the well-ordered society
                    dedicated to the common good, which such a systematic revision could produce
                    (21).</p>
    <p>Chapter 3, "Creating a Dynasty", begins a series of chapters which "consider its
                        [the<italic>Libro de las leyes</italic>] practical application in
                    everyday life" (22). The first of these practical concerns pertained to the king
                    and his dynasty. The rules for succession and coronation of the king, as well as
                    the qualities that he should exhibit, are all discussed in the <italic>Siete Partidas,</italic> largely in the first two sections. The qualities of
                    the queen and her court are considered next, followed by a lengthy prescription
                    for the education, conduct, and marriage arrangements for royal children.
                    Section two of the <italic>Siete Partidas</italic> also includes two
                    interesting laws which directly reflect the concerns of Alfonso himself: the
                    first a directive that the king should disassociate from disloyal relatives,
                    reflecting his own poor relations with his brothers; the second an injunction
                    that the realm should pass undivided to the king's heir, preventing the
                    divisions of Castile and León that had only ended during his father's reign.</p>
    <p>Chapter 4, "The King and His People", explores the nature of monarchical
                    government laid out in the Alfonsine codes. The divine origin of the king's
                    power was emphasized, as was his superiority in all temporal matters. The codes
                    made extensive use of the theory of the two swords, the temporal and the
                    spiritual, which should work jointly (42). Nevertheless, the king's authority in
                    temporal matters was pre-eminent. The king's duty to his people, especially his
                    duty to promote and enforce justice, and the people's duty to obey the king were
                    paired. This ideal is juxtaposed to the actual trajectory of Alfonso's reign,
                    which of course ended in the utter breakdown of the relationship between the
                    king and his people.</p>
    <p>The fifth and sixth chapters take up the king's role as defender, both of the
                    Christian faith and of the realm. In the Alfonsine code, the king's duty to the
                    Church was reflected in the inclusion of the main tenets of canon law, as
                    elaborated over the previous century plus, into the first part of the <italic>Siete Partidas</italic>. O'Callaghan contrasts the king's
                    deference to the authority and independence of the Church with the
                    well-established practice of dominating the episcopate and appropriating
                    resources whenever the monarch felt it necessary. Though the inclusion of canon
                    law in the compilation of law reflected a "conception of the unity of law and of
                    society", the active part played by many bishops in the rebellion that clouded
                    the end of the king's reign again emphasized the gap between the theory and
                    reality of Alfonso's political order. Defense of the realm was a rather more
                    straightforward issue, dealt with at some length in the various pieces of the
                    Alfonsine code. In addition to expounding upon Augustine's theory of just war,
                    the law codes described military command and organization, knighthood, and the
                    responsibilities and duties of the different groups within the realm. Perhaps
                    most striking is the notion, found in the fourth of the <italic>Siete
                        Partidas</italic>, that "men have a great debt to the land to love it, increase
                    it, and die for it" (83).</p>
    <p>Chapters 7 and 8 cover the structures and procedures of royal justice. The
                    careful staffing of the realm with <italic>alcaldes, adelantados,</italic> and teams of university-trained lawyers, as well as the ever-necessary
                    scribes, reflects the king's efforts to create a uniform justice system to enact
                    his law codes. Though the king himself would remain the ultimate judge and
                    source of justice, the establishment of regular judicial procedures, systems of
                    appeal, and clear definitions of jurisdiction speak to the ambition of Alfonso's
                    project. The judicial process itself was spelled out in fascinating detail in
                    the <italic>Siete Partidas</italic> and the <italic>Especulo</italic>,including the different oaths that Christian, Jewish, and
                    Muslim witnesses made: a Christian with his hand on the Gospels or a cross, a
                    Jew in a synagogue with his hand on the Torah, and a Muslim in the door of a
                    mosque, reciting the <italic>Shahadah</italic> (122). </p>
    <p>The ninth and tenth chapters take up the sections of the Alfonsine code dealing
                    with interpersonal relationships. Chapter 9, "Marriage, Family, and
                    Inheritance", traces the importation of canon law on marriage and children into
                    the fourth <italic>Partida</italic>. In addition to the proper rules of
                    Christian marriage, the code asserted the king's right to legitimize children
                    born outside of those proper rules, as well as a process for adoption. The law
                    also addressed the inheritance of family property, including the proper form of
                    a will, and the legal procedure for dealing with the deceased's estate. Chapter
                    10 describes some of the other aspects of the "law of persons": the various
                    legal statuses of men and women, slaves and freemen, nobles and commoners,
                    children and adults, etc. In all of this, the <italic>Partidas</italic> put a special emphasis on liberty, "because it is a friend of nature, which
                    not only men, but all other animals, love" (160). Special attention was given to
                    the status and obligations of lordship, vassalage, friendship, and slavery. </p>
    <p>Chapter 11, "The Law of Property", and chapter 12, "Trade and Commerce", covers
                    the different forms of ownership of land and other forms of property, as well as
                    the proper conduct of and regulations for commercial enterprises. In addition to
                    covering the landed rights of the monarchy, Church, and nobility, the third <italic>Partida</italic> described common property rights, rental
                    property, and even the ownership of wild animals (the rights to which were lost,
                    should the creature escape out of sight). The property chapter also describes
                    the Alfonsine code's provisions for contract law, lending, and the payment of
                    debts. The chapter on trade and commerce describes the extensive market
                    regulations enacted by the king, including attempts to set fair prices and
                    wages, and to discourage guilds and private price-fixing. Fairs and foreign
                    trade were encouraged, and the royal duties and taxes set. Special attention was
                    given in the code to specific economic activities, like money-lending and usury
                    (regulated for Jews, discouraged for Christians), and the Mesta's right to
                    pasturage and the free movement of flocks. </p>
    <p>Chapter 13 addresses the criminal code in Alfonso's laws. O'Callaghan remarks
                    that the "catalog of crimes described in the Alfonsine Codes is, rather
                    perversely, a tribute to human cunning and inventiveness" (225). A vast array of
                    criminal conduct is described, from fraud to heresy to murder, and beyond. The
                    array of punishments that the law might prescribe included execution (only for
                    serious crimes), exile, imprisonment, mutilation, humiliation, and, of course,
                    court-imposed fines. Though the king reserved the right to pardon convicted
                    criminals, the emphasis of the code was on the maintenance of public order, and
                    the exemplary punishment of those who threatened it. </p>
    <p>The final body chapter concerns "The Law of the Non-Christian Peoples". These
                    regulations were placed in the seventh <italic>Partida</italic>, alongside
                    the criminal codes, demonstrating Alfonso's "abhorrence of both religions
                    [Judaism and Islam]" (227). This section of the Alfonsine code, perhaps its most
                    widely-known, spelled out the inferior position of the protected religious
                    minorities in a Christian kingdom. Jews and Muslims were free to worship, so
                    long as their religious activities did not interfere with, nor offend, the
                    Christians. Social segregation was prescribed. Jews and Muslims formed their own
                    communities, or <italic>Aljamas</italic>, and typically lived apart from
                    Christians, in their own districts or suburbs. In order to inhibit conversion
                    (of Christians), a variety of sexual and social relations were strictly
                    forbidden, though the Castilian monarchs never enforced some of the most
                    stringent apartheid regulations, like forcing Jews to wear distinguishing dress
                    or badges. The disabilities imposed on Jews and Muslims who found themselves in
                    the Christian courts emphasized their second-class status. The chapter also
                    investigates the issue of the special tribute owed to the king (notably higher
                    for the Jewish community and lower for the Muslim community). O'Callaghan closes
                    the chapter by remarking on the fact that "medieval society was not inherently
                    pluralistic", and noting that "Jews and Muslims, hedged about by legal and
                    social restraints, remained peoples apart" inside a Christian kingdom
                    (242-3).</p>
    <p>The book closes with a reflection on the achievements of Alfonso X in the realm
                    of legal scholarship and reform, especially noting the long shadow that the <italic>Siete Partidas</italic> would cast down the centuries, both in
                    Spain and in the wider world. O'Callaghan ends the book by drawing a few lessons
                    from the "Rex Magister", and specifically from the ideals of law, order, and
                    governance envisioned in the Alfonsine codes (249). These thirteenth century
                    ideals are cleverly juxtaposed with places in which the twenty-first century
                    fails to live up to them. Though this part of the book may not age particularly
                    well, it is effective in demonstrating the remarkable vision of Alfonso X to
                    create a society in which carefully considered laws made justice available to
                    all. It is a compelling vision, and a useful reminder that in today's world,
                    where 'medieval' is a term most-often used as a pejorative, that the study of
                    the past might hold critical lessons for even the most self-assured present
                    society. </p>
    <p>--------</p>
    <p>Notes:</p>
    <p>1. The others being Simon Doubleday, <italic>The Wise King: A Christian
                        Prince, Muslim Spain, and the Birth of the Renaissance </italic>(New York: Basic
                    Books, 2015) and Kirstin Kennedy, <italic>Alfonso X of Castile-León:
                        Royal Patronage, Self-Promotion, and Manuscripts in Thirteenth-Century
                        Spain</italic> (Amsterdam: Amsterdam University Press, 2019).</p>
    <p>2. Joseph O'Callaghan, <italic>The Cortes of Castile-León, 1188-1350
                    </italic>(Philadelphia: University of Pennsylvania Press, 1989); <italic>The Learned King: The Reign of Alfonso X of Castile</italic>(Philadelphia:
                    University of Pennsylvania Press, 1993); <italic>Alfonso X and the
                        Cantigas de Santa Maria: A Poetic Biography </italic>(Leiden: Brill, 1998).</p>
    <p>3. Joseph O'Callaghan, <italic>Alfonso X, the Cortes, and Government in
                        Medieval Spain</italic>(Burlington: Ashgate, 1998).​</p>
    <p/>
  </body>
</article>
