The History Of Medieval Canon Law In The Classical Period 1140 1234

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.

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.

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.

Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.

The Use of Canon Law in Ecclesiastical Administration, 1000–1234 integrates 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.

Intro -- Contents -- Acknowledgments -- Abbreviations -- 1. The Formation of Ecclesiastical Law in the Early Church -- 2. Sources of the Greek Canon Law to the Quinisext Council (691/2): Councils and Church Fathers -- 3. Byzantine Canon Law to 1100 -- 4. Byzantine Canon Law from the Twelfth to the Fifteenth Centuries -- 5. Sources of Canon Law in the Eastern Churches -- Index of Councils and Synods -- General Index.

Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Contains a bibliographical survey of the chronological and systematic canonical collections in the Latin West from the beginnings of Christianity to Gratian's Decretum (ca. 1140). Dr. Kéry not only has compiled a catalogue of early medieval canonistic manuscripts, but has included valuable information about them. For each collection she has described its type and contents, the time and place of compilation, and, when, possible, its author. Full bibliographies have been provided for each collection, arranged in chronological order. Scholars will find her work particularly useful since she has also noted where scholars have differed and where their opinions may be found. Special attention has been paid to the numerous recensions of the collections. She has given a separate entry for important recensions and has lists of fragments and abbreviated forms of the collections.