Friday, December 5, 2025

Postles on Arbitration in English Ecclesiastical Courts

Dave Fogg Postles, University of Hertfordshire, has published Pro Bono Pacis et Concordie: Arbitration in English Ecclesiastical Courts in the Late Middle Ages in Law and History Review:

In modern jurisprudence, it is recognized that courts will engage in arbitration, often under the rubric of Alternative Dispute Resolution. Recourse to arbitration further back in the English past has often been perceived as extra-legal, taking place outside the system of courts, and sometimes intended specifically to avoid those courts. This research has concentrated on the avoidance of secular courts, in particular the king’s courts and common law (see below). By contrast, arbitration in ecclesiastical courts has received less detailed investigation, although many salient aspects have been approached.

--Dan Ernst