La formation du droit canonique médiéval PDF Download

Author: Jean Gaudemet
Publisher: Taylor & Francis
ISBN: 1040234259
Category : History
Languages : en
Pages : 320

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Book Description
In this volume Professor Gaudemet examines the growth and development of the law of the Church. The Decretum of Gratian and the corpus of conciliar legislation, two of its principal sources, figure prominently. While, in these studies, the author's interest lies principally with the investigation of the origins of canon law, he insists that one should not lose sight of the broader context and points to many areas that would repay further study. Church law, for instance, should not be taken in isolation but seen as a reflection of the needs and values of its time.

Author: Gregory I. Halfond
Publisher: BRILL
ISBN: 9004179763
Category : Social Science
Languages : en
Pages : 313

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Book Description
Despite growing scepticism concerning the evidentiary value of normative legal sources, scholars continue to mine the legislative acts of ecclesiastical councils for insight into political, religious, and quotidian life in Frankish Gaul. Between the reigns of Clovis and Charlemagne (AD 511-768) at least eighty councils assembled, often on royal command, to discuss issues of concern to the episcopal and clerical attendees. Their published canons were intended to communicate ecclesiastical policy in the Frankish regnum. However, scholars have paid comparatively slight attention to the institution responsible for this body of legislation. This book remedies this lacuna by delineating the functions and modus operandi of the Frankish church council as an administrative body.

Author: Robert Somerville
Publisher: Taylor & Francis
ISBN: 104024419X
Category : History
Languages : en
Pages : 303

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Book Description
Professor Somerville deals here with the history of Latin Christianity at a crucial time - the century of the Gregorian reform movement and of the Investiture conflict between the papacy and the empire. The articles are concerned with the policies of the popes, as expressed in their letters and the canons of the councils they summoned, and with the impact on the life and laws of the Church. Conciliar history, indeed, forms the main focus of the volume, and the author's aim has been to subject the relevant texts and manuscripts to detailed scrutiny in order to determine their veracity and chronology. In so doing he also demolishes some of the pseudo-historical problems that have arisen from an uncritical reliance upon early printed editions. This investigation of the texts is of evident importance for the study of canon law, but it also shows how they can serve as valuable sources for the history of the Western Middle Ages, revealing much about life in the period, as well as about papal politics. Le professeur Sommerville traite ici de la chrétiénte latine au coeurs de la période cruciale que fut le siècle du movement de réforme grégorien et du conflit d’investiture entre la papauté et l’empire. Ces études se préoccupent de la politique des papes, telle qu’on peut la voir exprimée au travers de leurs lettres et de canons issus des conciles qu’ils réunissaient. Elles s’intéressent aussi à leur influence sur la vie et les lois d’Eglise. L’histoire conciliare forme, en effet, la plus grande part de ce receuil et l’auteur s’y propose de soumettre textes et manuscrits appropriés à une étude détaillée, afin d’en déterminer la véracité et la chronologie. Ce faisant, il élimine aussi un certain nombre de problèmes pseudo-historiques, subvenus en raison de la trop confiance accordée aux editions anciennes. Cette enquête menée sur les textes est, de toute évidence, d’une grande importance en ce qui concerne l’étude du droit

Author: Jonathan William Robinson
Publisher: BRILL
ISBN: 9004245731
Category : History
Languages : en
Pages : 420

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Book Description
William of Ockham's (ca. 1288-1347) Opus nonaginta dierum has long been of interest to historians for his theory of rights. Yet the results of this interest has been uneven because most studies do not take sufficient account of the defences of Franciscan poverty already articulated by his fellow Franciscans, Bonagratia of Bergamo, Michael of Cesena, and Francis of Marchia. This book therefore presents and analyzes Ockham's account of property rights alongside those of his confreres. This contextualization of Ockham’s theory corrects many misconceptions about his theory of property, natural law, and natural rights, and therefore also provides a new foundation for studies of his political oeuvre, intellectual development, and significance as a political theorist.

Author: Jonathan Robinson
Publisher: BRILL
ISBN: 9004243461
Category : Philosophy
Languages : en
Pages : 421

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Book Description
This book analyzes William of Ockham's early theory of property rights alongside those of his fellow dissident Franciscans, paying careful attention to each friar's use of Roman and civil law, which provided the conceptual building blocks of the poverty controversy.

Author: Jean Gaudemet
Publisher: Taylor & Francis
ISBN: 1040248365
Category : History
Languages : en
Pages : 288

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Book Description
The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a ’systematization’. Ce volume réunit dix-sept études parues dans diverses revues ou recueils de Mélanges entre 1988 et 1992. Toutes concernent La doctrine canonique médiévale telle qu'elle s'exprime (principalement du VIè au XIIIè siècle) à propos des institutions de l'Eglise et de ses relations avec la société séculière. Comment l'élite intellectuelle des hommes de l'Eglise médiévale a-t-elle perçu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie espérait-elle les orienter? Qu'il s'agisse de la Papauté, de se place dans l'Eglise et dans le Monde, du rôle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entrée dans l'Eglise et de la condition de ceux qui lui restent étrangers, la question reste la même: Comment le droit peut-il saisir l'infinie variété de l'histoire des hommes?

Author: Zubin Mistry
Publisher: Boydell & Brewer
ISBN: 1903153573
Category : History
Languages : en
Pages : 358

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Book Description
First full-length study of attitudes to abortion in the early medieval west. When a Spanish monk struggled to find the right words to convey his unjust expulsion from a monastery in a desperate petition to a sixth-century king, he likened himself to an aborted fetus. Centuries later, a ninth-century queenfound herself accused of abortion in an altogether more fleshly sense. Abortion haunts the written record across the early middle ages. Yet, the centuries after the fall of Rome remain very much the "dark ages" in the broader history of abortion. This book, the first to treat the subject in this period, tells the story of how individuals and communities, ecclesiastical and secular authorities, construed abortion as a social and moral problem across anumber of post-Roman societies, including Visigothic Spain, Merovingian Gaul, early Ireland, Anglo-Saxon England and the Carolingian empire. It argues early medieval authors and readers actively deliberated on abortion and a cluster of related questions, and that church tradition on abortion was an evolving practice. It sheds light on the neglected variety of responses to abortion generated by different social and intellectual practices, including church discipline, dispute settlement and strategies of political legitimation, and brings the history of abortion into conversation with key questions about gender, sexuality, Christianization, penance and law. Ranging across abortion miracles in hagiography, polemical letters in which churchmen likened rivals to fetuses flung from the womb of the church and uncomfortable imaginings of resurrected fetuses in theological speculation, this volume also illuminates the complex cultural significance of abortion in early medieval societies. Zubin Mistry is Lecturer in Early Medieval European History, University of Edinburgh.

Author: Roy Flechner
Publisher: Routledge
ISBN: 1351267221
Category : History
Languages : en
Pages : 191

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Book Description
This is the first comprehensive study of the contribution that texts from Britain and Ireland made to the development of canon law in early medieval Europe. The book concentrates on a group of insular texts of church law—chief among them the Irish Hibernensis—tracing their evolution through mutual influence, their debt to late antique traditions from around the Mediterranean, their reception (and occasional rejection) by clerics in continental Europe, their fusion with continental texts, and their eventual impact on the formation of a European canonical tradition. Canonical collections, penitentials, and miscellanies of church law, and royal legislation, are all shown to have been 'living texts', which were continually reshaped through a process of trial and error that eventually gave rise to a more stable and more coherent body of church laws. Through a meticulous text-critical study Roy Flechner argues that the growth of church law in Europe owes as much to a serendipitous 'conversation' between texts as it does to any deliberate plan overseen by bishops and popes.

Author: Bruce C. Brasington
Publisher: Routledge
ISBN: 1351955276
Category : History
Languages : en
Pages : 169

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Book Description
The essays in this volume in honour of Martin Brett address issues relating to the compilation and transmission of canon law collections, the role of bishops in their dissemination, as well as the interpretation and use of law in the eleventh and twelfth centuries. The studies are grouped thematically under the headings 'Bishops and Their Texts', and 'Texts and the Use of Canon Law'. These reflect important areas of contention in the historiographical literature and hence will further the debates regarding not simply the compilation and dissemination of canonical collections in the earlier middle ages, but also the development of the practical application of canon law within Europe, especially after c.1080. Individually, the contributors offer new viewpoints on key issues and questions relating to the creation of canonical texts, their transmission and use on both sides of the English Channel in the decades either side of the year 1100. Collectively, the essays explore the methods and motives of compilers, assess the use of law, find readers both in the compilation of texts and within their margins, and - perhaps most importantly - speculate where possible about the living communities in which these texts were compiled, copied and used.

Author: Ruth Mazo Karras
Publisher: University of Pennsylvania Press
ISBN: 0812221060
Category : History
Languages : en
Pages : 337

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Book Description
In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.