Decretals and the Creation of the 'New Law' in the Twelfth Century PDF Download

Author: Charles Duggan
Publisher: Taylor & Francis
ISBN: 104023416X
Category : History
Languages : en
Pages : 338

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Book Description
In this second volume of studies on 12th-century canon law, Charles Duggan emphasises the European context of the emergence of the ius novum, the new law of the Western church, based on specific cases and informed by the academic learning of the schools where canon law was taught as a scholarly discipline. The themes range from marriage and forgery to regional applications, with studies on decretals to Hungary and Archbishop Roger of York respectively, Italian marriage decretals, the impact of the Becket dispute, litigation involving English secular magnates and the crown culminating with a perceptive analysis of the role of judges delegate in the formation and application of the new principles of law and jurisprudence which the practice of local courts and appeals to the papacy brought into being. Significant light is thrown on English collectors, judges, and secular and ecclesiastical litigants. Wherever possible, calendars are provided, often with more accurate identifications and dating, and based on the fullest manuscript sources.

Author: Wilfried Hartmann
Publisher: CUA Press
ISBN: 0813214912
Category : Law
Languages : en
Pages : 457

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Book Description
This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.

Author: Bart Wauters
Publisher: Edward Elgar Publishing
ISBN: 1786430762
Category : History
Languages : en
Pages : 293

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Book Description
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Author:
Publisher: BRILL
ISBN: 9004394389
Category : History
Languages : en
Pages : 225

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Book Description
New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294

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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Author: Anne J. Duggan
Publisher: Routledge
ISBN: 1317078365
Category : Religion
Languages : en
Pages : 509

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Book Description
Alexander III was one of the most important popes of the Middle Ages and his papacy (1159-81) marked a significant watershed in the history of the Western Church and society. This book provides a long overdue reassessment of his papacy and his achievements, bringing together thirteen essays which review existing scholarship and present the latest research and new perspectives. Individual chapters cover topics such as Alexander's many contributions to the law of the Church, which had a major impact upon Western society, notably on marriage, his relations with Byzantium, and the extension of papal authority at the peripheries of the West, in Spain, Northern Europe and the Holy Land. But dominant are the major clashes between secular and spiritual authority: the confrontation between Henry II of England and Thomas Becket after which Alexander eventually secured the king's co-operation and the pope's eighteen-year conflict with the German emperor, Frederick I. Both the papacy and the Western Church emerged as stronger institutions from this struggle, largely owing to Alexander's leadership and resilience: he truly mastered the art of survival.

Author: Detlev Jasper
Publisher: CUA Press
ISBN: 9780813209197
Category : History
Languages : en
Pages : 244

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Book Description
An examination of the transmission and spread of papal documents in the Latin West between the 4th and 9th centuries. These documents, which were collected from the 5th century onwards, became the basis of canon law. The second part of the volume discusses the prevalence of forged decress which were attributed to the earliest popes.

Author:
Publisher: BRILL
ISBN: 9004387242
Category : History
Languages : en
Pages : 291

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Book Description
The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period. Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.

Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 9780521643795
Category : History
Languages : en
Pages : 152

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Book Description
This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.

Author: Maroula Perisanidi
Publisher: Routledge
ISBN: 1351024604
Category : History
Languages : en
Pages : 314

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Book Description
Why did the medieval West condemn clerical marriage as an abomination while the Byzantine Church affirmed its sanctifying nature? This book brings together ecclesiastical, legal, social, and cultural history in order to examine how Byzantine and Western medieval ecclesiastics made sense of their different rules of clerical continence. Western ecclesiastics condemned clerical marriage for three key reasons: married clerics could alienate ecclesiastical property for the sake of their families; they could secure careers in the Church for their sons, restricting ecclesiastical positions and lands to specific families; and they could pollute the sacred by officiating after having had sex with their wives. A comparative study shows that these offending risk factors were absent in twelfth-century Byzantium: clerics below the episcopate did not have enough access to ecclesiastical resources to put the Church at financial risk; clerical dynasties were understood within a wider frame of valued friendship networks; and sex within clerical marriage was never called impure in canon law, as there was little drive to use pollution discourses to separate clergy and laity. These facts are symptomatic of a much wider difference between West and East, impinging on ideas about social order, moral authority, and reform.