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Justice and Mercy Have Met
With the promulgation of the motu proprio Mitus iudex Dominus Jesus for the Latin Church and the motu proprio Mitis et misericors Jesus for the Eastern Catholic Churches, both dated August 15, 2015, Pope Francis addressed the calls during the Third Extraordinary General Assembly of the Synod of Bishops (October 5-19, 2014) for a simplified procedure for the declaration of the nullity of marriages. Pope Francis introduced a briefer process to be conducted by the diocesan bishop and he simplified the current ordinary nullity process. The new procedural norms went into effect on December 8, 2015. New legislation always challenges first and foremost the practitioner: how is the new legislation t...
The History of Courts and Procedure in Medieval Canon Law
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 deta...
The Historical Foundations of Grotius’ Analysis of Delict
The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
Debating Medieval Natural Law
In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and lega...
The Perpendiculum: Presumptions and Legal Arguments in the 12th Century
The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu. This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
Religious Freedom in Italy
Italy, seat of the Pope and Vatican City, has a long and difficult relationship with religious freedom. Often identified as a Catholic nation par excellence, Italy owes its unification to a political class that advocated the separation of Church and State. Home of the Concordat, contemporary Italy recognises a peculiar notion of legal secularism (laicità) as the supreme principle of its constitutional order. Through the glasses of law, tracing the history of the right to religious freedom from the Unification to the present day, the nine chapters of the book allow an insight on paradoxes and contradictions of a complex system made of unresolved stratifications where a strong constitutional recognition of religious freedom is accompanied by a weak legislative protection of religious pluralism and, at the same time, a vigorous religious agency in the public space. Religious freedom in Italy offers an interpretation of a model of religious freedom that is not only a paradigm for many European experiences but also a possible interpretative parameter to better understand the dynamics of religious freedom between the two shores of the Mediterranean.
Order in the Court: Medieval Procedural Treatises in Translation
In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.
