Medieval Canon Law

Author: James A Brundage

Publisher: Routledge

ISBN: 1317895347

Category: History

Page: 272

View: 6945

It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.
Release

The History of Medieval Canon Law in the Classical Period, 1140-1234

From Gratian to the Decretals of Pope Gregory IX

Author: Wilfried Hartmann,Kenneth Pennington

Publisher: CUA Press

ISBN: 0813214912

Category: Religion

Page: 442

View: 436

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.
Release

Medieval Church Law and the Origins of the Western Legal Tradition

A Tribute to Kenneth Pennington

Author: Kenneth Pennington,Wolfgang P. Müller,Mary E. Sommar

Publisher: CUA Press

ISBN: 0813214629

Category: History

Page: 404

View: 926

In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century.
Release

Canon Law, the Expansion of Europe, and World Order

Author: James Muldoon

Publisher: Variorum

ISBN: N.A

Category: History

Page: 289

View: 864

The articles in this volume trace the development of the theory that humanity forms a single world community and that there exists a body of law governing the relations among the members of that community. These ideas first appeared in the writings of the medieval canon lawyers and received their fullest development in the writings of early modern Spanish intellectuals. Conflict and contact with 'the infidel' provided a stimulus for the elaboration of these ideas in the later Middle Ages, but major impetus was given by the English subjugation of Ireland, and by the discovery of the Americas. This body of work paved the way for the modern notions of an international legal order and universal norms of behavior usually associated with the publication of Hugo Grotius's work in the seventeenth century.
Release

Papal Letters in the Early Middle Ages

Author: Detlev Jasper,Horst Fuhrmann

Publisher: CUA Press

ISBN: 9780813209197

Category: History

Page: 225

View: 1284

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.
Release

Law, Sex, and Christian Society in Medieval Europe

Author: James A. Brundage

Publisher: University of Chicago Press

ISBN: 9780226077895

Category: Law

Page: 698

View: 2221

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
Release

The Making of Gratian's Decretum

Author: Anders Winroth

Publisher: Cambridge University Press

ISBN: 9781139425858

Category: History

Page: N.A

View: 3568

This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.
Release

The History of Courts and Procedure in Medieval Canon Law

Author: Wilfried Hartmann,Kenneth Pennington

Publisher: CUA Press

ISBN: 0813229049

Category: Religion

Page: 506

View: 4794

By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Release

The History of Medieval Canon Law in the Classical Period, 1140-1234

From Gratian to the Decretals of Pope Gregory IX

Author: Wilfried Hartmann,Kenneth Pennington

Publisher: CUA Press

ISBN: 0813214912

Category: Religion

Page: 442

View: 9079

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.
Release

Power Over the Body, Equality in the Family

Rights and Domestic Relations in Medieval Canon Law

Author: Charles J. Reid

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802822116

Category: Law

Page: 335

View: 6167

The term "conjugal rights" has long characterized ways of speaking about marriage both in the canonistic tradition and in the secular legal systems of the West. This book explores the origins and dimensions of this concept and the range of meanings that have attached to it from the twelfth century to the present. Employing far-ranging sources, Charles Reid Jr. examines the language of marriage in classical Roman law, the Germanic legal codes of early medieval Europe, and the writings of canon lawyers and theologians from the medieval and early modern periods. The heart of the book, however, consists of the writings of the canonists of the High Middle Ages, especially the works of Hostiensis, Bernard of Parma, Innocent IV, and Raymond de Peafort. Reid's incisive survey provides a new understanding of subjects such as the right of parties to marry free of parental coercion, the nature of "paternal power," the place of bodies in the marriage contract, the meaning and implications of gender equality, and the right of inheritance.
Release

Law and the Illicit in Medieval Europe

Author: Ruth Mazo Karras,Joel Kaye,E. Ann Matter

Publisher: University of Pennsylvania Press

ISBN: 9780812240801

Category: History

Page: 315

View: 4442

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.
Release

Medieval Canon Law

Author: Kriston Rennie

Publisher: Past Imperfect

ISBN: 9781942401681

Category: History

Page: 108

View: 3034

Canon law is an unavoidable theme for medieval historians. It intersects with every aspect of medieval life and society, and at one point or another, every medievalist works on the law. In this book, Kriston Rennie looks at the early medieval origins and development of canon law though a social history framework, with a view to making sense of a rich and complex legal system and culture, and an equally rich scholarly tradition. It was in the early Middle Ages that the ancient traditions, norms, customs, and rationale of the Church were shaped into legislative procedure. The structures and rationale behind the law's formulation - its fundamental purpose, reason for existence and proliferation, and methods of creation and collection - explain how the medieval Church and society was influenced and controlled. They also, as this short book argues, explain how it ultimately functioned.
Release

History of Canon Law

Author: Constant van de Wiel

Publisher: Peeters Publishers

ISBN: 9789068312126

Category: Religion

Page: 178

View: 5979

In four periods: From the foundation of the Church to the "Decretum Gratiani," from the Gregorian Reform to the Council of Trent, from Trent to the "Codex Iuris Canonici," and from its promulgation in 1917 to the new Codex of 1983, Van de Wiel offers a clear description of the general concepts and constitutive sources of Canon Law. His work is a contribution to the history of canon law and will be of great service both to students and jurists. Constant Van de Wiel is currently professor of Canon Law at the Catholic University of Leuven, Louvain (Belgium), Chancellor and Keeper of the Archives of the Archdiocese of Mechlin-Brussels. He published on the subject in the Louvain Journal of Theological and Canonical Studies: "Ephemerides Theologicae Lovanienses," and in several specialized journals.
Release

A Pernicious Sort of Woman

Quasi-religious Women and Canon Lawyers in the Later Middle Ages

Author: Elizabeth Makowski

Publisher: CUA Press

ISBN: 0813213924

Category: History

Page: 170

View: 5858

This book provides a thorough examination of the writings of canon lawyers in the late Middle Ages as they come to terms, both in their academic work and also in their roles as judges and advisers, with women who were not, strictly speaking, religious, but who were popularly thought of as such.
Release

A Companion to the Medieval World

Author: Carol Lansing,Edward D. English

Publisher: John Wiley & Sons

ISBN: 1118499468

Category: History

Page: 600

View: 9800

Drawing on the expertise of 26 distinguished scholars, this important volume covers the major issues in the study of medieval Europe, highlighting the significant impact the time period had on cultural forms and institutions central to European identity. Examines changing approaches to the study of medieval Europe, its periodization, and central themes Includes coverage of important questions such as identity and the self, sexuality and gender, emotionality and ethnicity, as well as more traditional topics such as economic and demographic expansion; kingship; and the rise of the West Explores Europe’s understanding of the wider world to place the study of the medieval society in a global context
Release

Gratian the Theologian

Author: John C. Wei

Publisher: CUA Press

ISBN: 0813228034

Category: Religion

Page: 353

View: 7964

Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian's Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence.
Release

Canon Law and Cloistered Women

Periculoso and Its Commentators, 1298-1545

Author: Elizabeth M. Makowski

Publisher: CUA Press

ISBN: 9780813209494

Category: Religion

Page: 149

View: 4202

In 1298 Pope Boniface VIII published a decree, referred to as Periculoso, announcing that nuns were to be perpetually cloistered. This text surveys precedents for Periculoso and some of the problems Boniface VIII hoped to solve, and it analyzes the commentary and attempts to enforce the decree.
Release

Gratian's Tractatus de Penitentia

Author: Gratian

Publisher: CUA Press

ISBN: 0813228670

Category: Religion

Page: 311

View: 4248

Gratian's Decretum is one of the major works in European history, a text that in many ways launched the field of canon law. In this new volume, Atria Larson presents to students and scholars alike a critical edition of De penitentia (Decretum C.33 q.3), the foundational text on penance, both for canon law and for theology, of the twelfth century. This edition takes into account recent manuscript discoveries and research into the various recensions of Gratian's text and proposes a model for how a future critical edition of the entire Decretum could be formatted by offering a facing-page English translation. This translation is the first of this section of Gratian's De penitentia into any modern language and makes the text accessible to a wider audience. Both the Latin and the English text are presented in a way to make clear the development of Gratian's text in various stages within two main recensions. The edition and translation are preceded by an introduction relating the latest scholarship on Gratian and his text and are followed by three appendices, including one that provides a transcription of the relevant text from the debated manuscript Sankt Gallen, Stiftsbibliothek 673, and one that lists possible formal sources and related contemporary texts. This book provides a full edition and translation of the text studied in depth in Master of Penance: Gratian and the Development of Penitential Thought and Law in the Twelfth Century (CUA Press, 2014) by the same author.
Release