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Medieval Canon Law
It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's ...
Law in a Culture of Theology
Law in a Culture of Theology: The Use of Canon Law by Parisian Theologians, ca. 1120-ca. 1220 considers the study of law within its intellectual environment. It demonstrates that theologians associated with the schools of Paris in the twelfth century, particularly Peter the Chanter and his circle, had a working knowledge of Romano-canonical tradition and thought about the human context of the law, which, in turn, reflected the environment in which each master worked. It begins by showing the extent to which law was woven into the fabric of the schools of Paris, and follows with individual case studies. These case studies--marriage in Hugh of St. Victor's De Sacramentis and Peter Lombard's Se...
The Use of Canon Law in Ecclesiastical Administration, 1000–1234
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.
Medieval Canon Law
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.
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...
Creating and Sharing Legal Knowledge in the Twelfth Century
The Decretum Gratiani is the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars. Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence. Contributors are Enrique de León, Stephan Dusil, Melodie H. Eichbauer, Atria A. Larson, Titus Lenherr, Philipp Lenz, Kenneth Pennington, Andreas Thier, José Miguel Viejo-Ximénez, John C. Wei, and Anders Winroth.
The Canons of the Third Lateran Council of 1179
Investigates papal government in the later-twelfth century, focusing on the decrees issued at papal councils, and their reception.
Law | Book | Culture in the Middle Ages
In Law | Book | Culture in the Middle Ages fifteen contributions are brought together, each taking a detailed view on the role of manuscripts and the written word in legal cultures and literate representations thereof. Four broad thematic approaches exploring the manuscript contexts and reception, of law and legal thought are considered: Law-Books, Law & Society, Legal Practice, and Text & Edition. The studies span the medieval period and reach across western and central Europe, closely considering facets of manuscript culture and legal literacies and practices from what are now Bulgaria, England, France and Germany, Iceland, Ireland, Italy, the Netherlands, Norway and Wales. Contributors are Rolf H. Bremmer, Jr., Hannah Burrows, Sonia Colafrancesco, Jan van Doren, Stefan Drechsler, Daniela Fruscione Pistoresi, Thom Gobbitt, Katherine J. Har, Lucy Hennings, Petar Parvanov, Fangzhe Dimurjan Qiu, Ben Reinhard, Sara Elin Roberts, Francesco Sangriso, and Chiara Simbolotti.
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.
The Medieval Foundations of International Law
Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400). A student of Bartolus de Sassoferrato, Baldus wrote both extensive commentaries on Roman, canon and feudal law and thousands of consilia originating from particular cases. His writings dealt with numerous issues related to sovereignty, territorial jurisdiction, diplomacy and war, combining a rich conspectus of earlier scholarship with highly creative ideas that exercised a profound influence on later juristic thought. The detailed picture of the international law doctrines elaborated by a ...
