Negotiating Space: Power, Restraint, and Privileges of Immunity in Early Medieval Europe

Rosenwein transforms our understanding of an institution central to the political and social dynamics of medieval Europe. She reveals how immunities were used by kings and other leaders to forge alliances with the noble families and monastic centers that were central to their power. Generally viewed as unchanging juridical instruments, immunities as they appear here are as fluid and diverse as the disparate social and political conflicts that they at once embody and seek to defuse. Their legacy reverberates in the modern world, where liberal institutions, with their emphasis on state restraint, clash with others that encourage governmental intrusion. The protections against unreasonable searches and seizures provided by English common law and the U.S. Constitution developed in part out of the medieval experience of immunities and the institutions that were elaborated to breach them.