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New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.
Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.
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 place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.
This monograph addresses the history of canon law in Western Europe between ca. 1000 and ca. 1150, specifically the collections compiled and the councils held in that time. The main part consists of an analysis of all major collections, taking into account their formal and material sources, the social and political context of their origin, the manuscript transmission, and their reception more generally. As most collections are not available in reliable editions, a considerable part of the discussion involves the analysis of medieval manuscripts. Specialized research is available for many but not all these works, but tends to be scattered across miscellaneous publications in English, German, French, Italian, and Spanish; one purpose of the book is thus to provide relatively uniform, up-to-date accounts of all major collections of the period. At the same time, the book argues that the collections are much more directly influenced by the social milieux from which they emerged, and that more groups were involved in the development of high medieval canon law than it has previously been thought. In particular, the book seeks to replace the still widely held belief that the development of canon law in the century before Gratian's Decretum (ca. 1140) was largely driven by the Reform papacy. Instead, it is crucial to take into account the contribution of bishops, monks, and other groups with often conflicting interests. Put briefly, local needs and conflicts played a considerably more important role than central (papal) 'reform', on which older scholarship has largely focused.
This volume combines the results of recent excavations at Le Bec with fresh studies of documentary sources, breaking new ground in research on the organization of the monastic site and the cultural life of the community. By examining the abbey's prosperity in terms of its relations with its priories and its dealings with the powerful, especially its noble benefactors and the rulers of Normandy, this volume thus explains the unique importance of the abbey in the history of not only medieval Normandy, but also the Anglo-Norman world more broadly. Contributors are: Pierre Bauduin, Michaël Bloche, Grégory Combalbert, Fabrice Delivré, Gilles Deshayes, Jean-Hervé Foulon, Véronique Gazeau, Lindy Grant, Judith A. Green, Fabien Paquet, and Julie Potter.
This study reinterprets the relationship between the medieval papacy and independent states, suggesting that kings and governments were able to increase their effective power through close relationships with the international papacy, making the papacy integral to the creation of centralized national states and kingdoms in Europe.
A ground breaking study, On Hospitals explores welfare institutions in western law in the middle ages and establishes a legal model for the hospital. Running against orthodox opinion, Watson places welfare institutions, rather than Church-run organisations, at the heart of the medieval hospital's history.
What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.
The growing interest in the relationship between religion and law is, in the case of Christianity, often viewed in monolithic terms. Moreover, the debate is often seen in terms of the relationship of Christianity to the state along with discussions about, for example, religious freedom. Christianity is often seen as responding to claims made on it by the state and by the growth of secularism. This book takes a different approach. First, it makes the claim that Christianity has something of value to say about various pressing issues which are of direct relevance to contemporary society. Amongst these are the place of human rights and that of individual claims of conscience. Second, it does not regard Christianity as a monolithic whole but takes as its starting point the sundering of Christendom at the Reformation, which, it claims, led in many cases to divergent patterns of thought between Catholics and Protestants about law and its place in society. However, as this book shows, in many cases, Catholic and Protestant thinking on areas such as natural law is not as divergent as it is often thought. Five hundred years after the Reformation, the work presents a reflection on the roots of Catholic and Protestant thinking on law and its place in society. It will be of interest to canon lawyers as well as academics and students of law and religion.
This volume aims to revitalize the exchange between sociological differentiation theory and the sociology of religion, which previously held center stage among the sociological classics. It brings together contributions from different disciplines, as well as various forms of regional and historical expertise, which are indispensable in forming a globally oriented sociological perspective today. Secularization is understood as a process of boundary demarcation, that is, as the enactment of semantic, practical, and institutional distinctions between religion and other spheres of activity and knowledge. These distinctions may emerge from within the religious field itself, or may be absorbed into the field having originally emerged elsewhere. They may even be directly imposed upon religion by external forces. The volume is therefore based on the premise that societal differentiation – and secularity as a specific expression of it – is a widespread structural feature that nonetheless takes on various forms, depending on its historical and cultural context. In order to make this diversity visible, the volume adopts a global comparative perspective, and examines historical distinctions and differentiations in the West and beyond. By examining different forms and modes of secularity in statu nascendi, the volume contributes to developing a better understanding of the diversity of secularities, even of those found in the present day, in terms of their historicity and their specific path dependencies. With this shift in perspective, this special volume initiates a global and historical turn in the theory of differentiation, as well as in the study of secularity.