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1
Edwards, Quentin. "The Canon Law of the Church of England: Its Implications for Unity." Ecclesiastical Law Journal 1, no. 3 (July 1988): 18–23. http://dx.doi.org/10.1017/s0956618x00007080.
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Among lawyers who profess to know their way about the labyrinth of the Church of England's legal foundations there is a debate whether there are two subjects or one – are ecclesiastical law and canon law the same? As some purists contend that canon law is more restricted in its scope I shall take, for convenience and perhaps accuracy, the description ecclesiastical law, which certainly comprehends, or should comprehend, canon law. The ecclesiastical law of the Church of England is derived from six sources (1) papal and domestic canon law, (2) ecclesiastical common law, (3) the relevant parts of the Corpus Juris Civilis, (4) parliamentary statutes, (5) Measures of the Church Assembly and the General Synod, (6) the Canons.
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Campbell, James. "The Use of the Term ‘Pastoral’ in the 1983 Code of Canon Law with Reference to the 1917 Code." Ecclesiastical Law Journal 20, no. 2 (May 2018): 173–84. http://dx.doi.org/10.1017/s0956618x18000054.
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This article compares the use of the term ‘pastoral’ in the canon law of the Western Latin Church as it occurred in the 1917 Pio-Benedictine Code of Canon Law and then in the revised Code of 1983. This is because the revised Code increased the use of the term ‘pastoral’ and I wish to see if its meaning had changed and, if so, in what way. Hence, the article considers how ‘pastoral’ occurred in the 1917 Code and then in the equivalent canons in the 1983 Code. There follows comparison with the earlier canons, which were sources for the 1983 canons to see if the term has changed in meaning and, if so, what that change is. I am interested to track the use of ‘pastoral’ because it has become ubiquitous in the churches and in society and has different meanings and expectations associated with it. As far as canon law and ecclesiastical law generally are concerned, it is interesting to consider how the term is used and this article is a contribution to an understanding of ‘pastoral’ in the law of the Roman Catholic Church.
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Konca, Paulina. "Servants or Masters? Linguistic Aids in Legal Interpretation." Ius Humani. Law Journal 10, no. 1 (March 29, 2021): 73–102. http://dx.doi.org/10.31207/ih.v10i1.237.
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This paper presents the role of some intrinsic sources in legal interpretation. Some of linguistic aids follow from provisions of the law and other from the commonly accepted ruling practice or views expressed in literature. The position of those aids was verified through the analysis of case-law, literature, and provisions of law. The first section and second section focus on the priority of plain meaning rule and intrinsic sources in legal interpretation which is strongly emphasized in legal literature, case-law and the interpretative provisions of many countries. Next, it presents how certain linguistic tools work in case law practice, what problems they can cause and what problems they can solve. The third point addresses the use of dictionaries as tools of linguistic interpretation. The fourth section explores the role of selected interpretative canons often found in legal regulations and case law practice: ordinary meaning canon, gender/number canon, ejusdem generis canon, presumption of consistent usage and prefatory-materials canon. It is concluded that the priority of a linguistic interpretation is not absolute and can never be understood as its exclusivity. Linguistic tools are not in themselves determinants of correct meaning. In order to make a correct interpretation, it is necessary not to be guided, by indications labelled as objective, sometimes artificially imposed, but by the intention of the legislator, which such tools may discover and should only be used for that purpose.
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Adamczyk, Jerzy. "Źródła i przedmiot nauczania katechetycznego w ujęciu prawa kanonicznego." Poznańskie Studia Teologiczne, no. 30 (August 24, 2018): 463–75. http://dx.doi.org/10.14746/pst.2016.30.23.
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The following article deals with the sources and subject of religious teaching from the canon point of view. Canon Law Code 760 specifies the Holy Bible as the first and primary source of religious education. The next fundamental source of cathesis is Tradition, then, the liturgy and the Magisterium and Church life. The subject of word ministry (religious education) should be the mystery of Christ presented entirely and faithfully, taking the law hierarchy into account.
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Mehmeti, Sami. "The influence of canon law on ius commune in its formative period." SEEU Review 11, no. 2 (December 1, 2015): 153–64. http://dx.doi.org/10.1515/seeur-2015-0034.
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AbstractIn the Medieval period, Roman law and canon law formedius communeor the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law.
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Fadeyev, Ivan. "The 1917 Code of Canon Law: Codification and Development of Latin canon law in the First Half of the 20th Century." Novaia i noveishaia istoriia, no. 4 (2021): 184. http://dx.doi.org/10.31857/s013038640014890-7.
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This publication presents the very first Russian translation of the First Book of the first official comprehensive Code of Latin canon law. The Code was promulgated on 27 May, 1917, and took legal effect on 19 May 1918. Although replaced in the practice of the Church with the new Code of 1983, the so-called “Pio-Benedictine Code” remains the most important source for the history of the development of canon law of the Catholic Church in Modern era. It represents the first experience of a full-scale legal codification, on which the development of Catholic ecclesiastical law was based throughout the 20th century. Prior to the promulgation of the Code in 1917, the canon law of the Latin Church was dispersed over a number of sources created in different periods of church history. By the time of the convocation of the First Vatican Council (December 8, 1869 – October 20, 1870) by Pope Pius IX (June 16, 1846 – February 7, 1878), it was obvious to many in the Church that there was an urgent need to codify the vast and unorganised mass of ecclesiastical laws that was presenting all sorts of challenges to both church authorities and canonists. Calls for the codification of Latin canon law, voiced in the run-up to and at the Council itself, were heard by the Holy See, although direct work on the creation of the first full-fledged Code of canon law began only 34 years after the Council’s adjournment, in the pontificate of Pius X (August 4, 1903 – August 20, 1914). The introductory article analyses the main stages of the development of can-on law of the Catholic Church, the history of the creation of the Code, the discussions that unfolded in the 19th century among canonists as to the very need for codification, as well as the impact of the Code on the development of Canon law in the 20th century.
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Edwards, Quentin. "The Origin and Founding of the Ecclesiastical Law Society." Ecclesiastical Law Journal 5, no. 26 (January 2000): 316–19. http://dx.doi.org/10.1017/s0956618x0000380x.
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There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’
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Saj, Marek. "Soborowe źródła prawa małżeńskiego w Kodeksie prawa kanonicznego z 1983 roku." Ius Matrimoniale 31, no. 2 (December 15, 2020): 47–63. http://dx.doi.org/10.21697/im.2020.31.2.03.
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Documents of the Second Vatican Council became essential root of the Canon Code Law of 1983. There is a number of references to conciliar constitutions, decrees and declarations in each Canon Book. This is true also in regard to the marital law included in Ćanons 1055-1165. Amongst sources which were inspirations for the aforementioned marital law there were the following constitutions: Sacrosanctum Concilium, Lumen gentium, and Gaudium et spes; and decrees: Orientalium...., Unitatis..., Christus...and Apostolicum and also Gravissimum. Lawmaker makes 34 references to these documents. The conducted analysis allows to show to what extend norms of the marital law remain under the influence of the Second Vatican Council.
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Huxley, Andrew. "Hpo Hlaing on Buddhist law." Bulletin of the School of Oriental and African Studies 73, no. 2 (June 2010): 269–83. http://dx.doi.org/10.1017/s0041977x10000364.
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AbstractThis article introduces an English version (translator unknown) of a Burmese law report: Judge Hpo Hlaing's ruling in Ma Hla v. Ma Wa, delivered in Mandalay in 1877. The judgement contains a paragraph dealing with the sources of Buddhist Law which appears to be a riposte to work published earlier that year in Lower Burma. That the judge was Burma's leading political philosopher gives special resonance to his views on law. His list of five law reports from the Pali canon and related texts is of interest. A reading is advanced in which the five cases link to Burmese ideas about legal pluralism.
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Tsibranska-Kostova, Mariyana. "Some Anti-heretic Fragments in the 14th Century Bulgarian Canon Law Miscellanies." Studia Ceranea 4 (December 30, 2014): 261–75. http://dx.doi.org/10.18778/2084-140x.04.17.
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It is well known that the major anti-heretic written source from the Second Bulgarian Empire is the Tsar Boril’s Synodicon, proved to have been compiled to serve the Synod against the Bogomils, convened in Tărnovo in 1211. However, the subsequent century is also marked by the anti- heretic line in various types of manuscripts which shape the image of the so called Second Golden Age of the Bulgarian literature and culture. The reign of John Alexander (1331–1371) is reputed to be the richest period of compiling miscellanies – encyclopedic, ascetic, and monastic, or for individual reading of the royal family and court. An important account of them is the manuscripts of legal content which vary from functional guides with Canon Law rules to complex compilations of material from diverse sources. They deserve to be investigated not only as a part of the cultural system but also as principal evidences how the mechanism of regulation in the tripartite relationship Law- Society-Culture has functioned. The latest discoveries and the up to day of the catalogued database of Slavonic manuscripts in the Bulgarian repositories and the Russian libraries proved the undisputable role of the Middle Bulgarian written tradition as transmitter of the official attitude against every deviation from the Orthodoxy in three main areas: 1. the traditional so called Christological heresies; 2. the heterodox dualist doctrines of Manicheans, Massalians and Paulicians, including Bogomils; 3. the Latins.
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Druwé, Wouter. "Loans and Credit in the Canon Law Consilia of Wamesius (1524-1590)." Tijdschrift voor rechtsgeschiedenis 85, no. 1-2 (June 22, 2017): 230–71. http://dx.doi.org/10.1163/15718190-08512p09.
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Johannes Wamesius (1524-1590), a professor of law at the Leuven university, was often asked for his expert opinion on concrete legal cases. Two volumes of (altogether) 600 so-called consilia de iure pontificio were published posthumously by his successor Étienne Weyms. After a short introduction, this article focuses on twenty canonical consultations. Those twenty consilia all concern questions of credit and money-dealing. This contribution first discusses Wamesius’ method and presents the parties and competent authorities involved. Secondly, attention is paid to how Wamesius deals with the plurality of legal sources. In a third step, Wamesius’ views on usury, as well as his consultation on a case of coinage are discussed. Finally, some concluding observations are offered.
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Cryer, R. "International Criminal Tribunals and the Sources of International Law: Antonio Cassese's Contribution to the Canon." Journal of International Criminal Justice 10, no. 5 (November 30, 2012): 1045–61. http://dx.doi.org/10.1093/jicj/mqs075.
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Fidiana, Fidiana. "Tax Facilities through Omnibus Law Taxation: A Canon Taxation Review." Policy & Governance Review 5, no. 3 (August 5, 2021): 195. http://dx.doi.org/10.30589/pgr.v5i3.373.
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This research is a conceptual study to examine tax policy in the pandemic situation with a canon taxation perspective, namely equity, certainty, convenience, and efficiency. The study conducted by using a literature review concerning the role of Omnibus Law includes tax facilities to attract foreign investment underlining strengths and weaknesses. Data is obtained through secondary sources in the form of archival reports and previous research relevant to the research. Based on the analysis of literature studies, this research produces several things. First, the principle of equity is found in adjusting corporate tax rates. Associated with the aim of attracting foreign investment, the tariff adjustment policy naturally will not be realized in 2020, where traffic between countries is restricted to prevent the spread of Covid-19. Second, in the tax policy scheme of domestic tax subject reclassification, which includes more than 183 foreigners working in Indonesia, and Indonesian citizens living abroad over 183 days are classified as subject to foreign tax. Tax is imposed on foreigners only on income earned in Indonesia. This pattern fulfills certainty principles. Third, the regional tax incentive scheme is an instrument that ensures the certainty of regional investment in line with the principles of equity and convenience. Furthermore, local tax exemptions can lower the price of consumer goods in the regions, thereby increasing the purchasing power of the wider community, which was hampered by the pandemic. In this way, local taxes play a role in increasing regional competitiveness through public policies (tax incentives), to improve the welfare of people, especially those affected by the epidemic. Fourth, the tax holiday scheme encourages industrial growth in accordance with the principle of efficiency.
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Eichbauer, Melodie H. "Legal Authorities and their Legislative Priorities: The Treatment of Leprosy in the Sources of Canon Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 106, no. 1 (August 27, 2020): 153–95. http://dx.doi.org/10.1515/zrgk-2020-0007.
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AbstractThis essay considers medieval leprosy in ecclesiastical legislation through the lens of legal pluralism, that is the range of normative orders that are independent from the “state” as a monolithic entity. It focuses on the period between the mid-eleventh and the turn of the fourteenth century marked by efforts at church reform, by the proliferation of leprosaria, and by canonical interest in matrimonial law. It argues that the environment in which various legal authorities worked influenced how they engaged with leprosy. The policies they enacted resulted from a negotiation of their circumstances and needs, which were not necessarily the same. The result was a rich and overlapping legal tradition that, over time, coalesced into a comprehensive legislative policy that both protected the rights of the afflicted as well as the safety of the healthy. The first section of this essay sets forth research on leprosy and the arguments to be pursued. The second section argues that the “old law” in canonical collections used leprosy as an allegory for sin and as a metaphor for simony in pursuit of personal reform and renewal. The third section focuses on the proliferation of leprosaria and argues that the challenge of arranging for pastoral care fell on the shoulders of councils and prelates making policy at the regional or local level. The fourth section argues that the papacy and jurists worked parallel to other legislative bodies. Yet it would be the requests to which the papacy responded and the importance of juridical commentary as a source clarifying the legal ambiguities in these responses that would provide the inroad for the papacy, acting similar to the proverbial “state”, to normalize ecclesiastical life and Christian society.
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Gligić, Sanja. "Responsibility of monks in the context of law and society." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 247–62. http://dx.doi.org/10.5937/zrpfn0-28664.
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In the course of history, ecclesiastical life has been imbued by secular beliefs, embodied in human endeavour to get a strong foothold in the Church. Since Emperor Constantine's era, the idea that matured in the ecclesiastical consciousness was that the fundamental principle underlying the organization of ecclesiastical life lay in the domain of law. Nevertheless, in contrast to positive law, canon law is not an expression of the will of an individual or the congregation; instead, it comprises rules deriving from the nature of the Church. The Church, just like any other organism, is governed by two tenets: the static organization, and its dynamic life function. Thus, the responsibility of monks can be perceived either in line with canonic law or within the social context, whereby these tenets are inalienable since there can be no life without organization, nor can there be organization without life. In case a member abandons an organization, regardless of the reasons behind such action (be it voluntary or through the power of law), positive law prescribes that all ties between the said organization and its former member are to be dissolved. On the other hand, in case a penalized monk is obliged to leave the monastery due to the gravity of the pronounced sanction, he is entitled (as a former member) to preserve the status of a Christian. This point derives from the fact that baptism constitutes an indelible fact of spiritual life. This paper examines the subject matter of monks' responsibility for violation of canon law, by comparing the mediaeval and contemporary sources of the Serbian canon law, in view of identifying changes in the said period and drawing the most accurate conclusions.
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Jones, Thughie. "Ex Africa Semper Aliquid Novi: Colenso Revisited." Ecclesiastical Law Journal 5, no. 24 (January 1999): 188–95. http://dx.doi.org/10.1017/s0956618x00003458.
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This paper had its origin in an excursus to the dissertation offered in part requirement for the University of Wales LLM degree in Ecclesiastical and Canon Law. Like all work on Colenso, it is indebted to the magisterial investigations of the late Peter Hinchliff, in whose biography of Colenso will be found an extensive bibliography to 1964. Later sources are itemised in this paper.
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Lis, Artur. "Kultura prawna w Polsce przed założeniem Akademii Krakowskiej." Opolskie Studia Administracyjno-Prawne 15, no. 2 (June 30, 2017): 37–60. http://dx.doi.org/10.25167/osap.1270.
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Culture is a very complex reality of human existence, which is comprehended in its different aspects. By the object of culture they are all products of human activity, events, behaviors ordered in certain examples present in societies in the form of rules of conduct which are determined by customs, morality and legal regulations. The acceptance of Baptism by Mieszko I of Poland in 966 was the turning point in the Polish history. The country of the first Polish Piast was rooted in the culture of the international community of European states. This situation favored the influence of certain rights of the foreign Polish legal system. In the then practice of Slavic states, the legal system was based on a tribal customary law (i.e., universally recognized, time-honored form of behaving, accepted in the given social community). From the 12th and 13th centuries the knowledge of Roman law and canon law broadened in Poland. During this period, developing the legal thought was based on both types of law. Knowledge of those systems derived from various sources. This process was used for the import of legal manuscripts of Roman and canonistic study to Poland. An example of the reception of Roman law and canon law in Poland until the beginning of the 13th century is the Chronicle of Poland by Master Vincent called Kadlubek (c. 1150–1223). The document is one of the most important and most abundant sources of law in this period.
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Nikitenko, M. G., and E. E. Nikitenko. "HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF EXTREME NECESSITY AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF AN ACT." Vestnik of Khabarovsk State University of Economics and Law, no. 1 (105) (March 3, 2021): 83–90. http://dx.doi.org/10.38161/2618-9526-2021-1-083-090.
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The article presents an analysis of the historical development of extreme necessity as an institution of criminal law. The authors examines the peculiar views of Roman jurists on the possibility of exemption from criminal liability in connection with injury to the state of emergency, the specifics of medieval canon law, assessment of Russian lawyers of the institute of extreme necessity. Conclusions about the peculiarities of the evolution of the norms of extreme necessity in criminal legislation on the basis of a retrospective analysis of the sources of criminal law are made.
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Hutiv, Bohdan. "ESTABLISHMENT OF CANON LAW AS ONE OF THE BASIC SOURCES OF THE RIGHT OF VATICAN CITY STATE." Visnyk of the Lviv University. Series Law, no. 68 (June 24, 2019): 88–96. http://dx.doi.org/10.30970/vla.2019.68.088.
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Loftus, Sue. "Suitable men to enter the episcopate in Late antique Gaul: Ideal and reality." Journal of the Australian Early Medieval Association 10 (2014): 23–46. http://dx.doi.org/10.35253/jaema.2014.1.2.
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Beside the complicated composition of military and political authority in the successor kingdoms in Gaul in the sixth century there was another power that regulated many of the lives of the community, that of ecclesiastical power. Much of the authority and the achievements of a Gallo-Roman bishop were dependent on his suitability for office. The defining characteristics a candidate was expected to have were found in contemporary church canon law. Canons referring to the requirements for episcopal office were frequent and often reworded and repeated at consecutive councils, indicating both the importance and perhaps the disregard for specific qualifications. This paper discusses both the perceived requirements for episcopal office and the men who were considered suitable and were eventually chosen. The discussion focusses on the period prior to the nomination and the election of the candidate to a bishopric. Evidence of the suitability of these men is demonstrated most clearly through a comparative study of canon law and contemporary narrative sources, hagiography, letters, and poetry. In the late fifth and in the sixth centuries the selection of a new type of man to episcopal office was complicated as a consequence of dwindling Roman power in the West and the subsequent establishment of the autonomous successor kingdoms. Career options became more limited. Aristocratic men who would normally have entered public office in the local or provincial Roman administration now chose instead to enter the ecclesiastical hierarchy, seeing it as an alternative career path holding comparable authority. But were they canonically suitable?
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Landman, C. "Waar is al die vroue heen? Die lot van vroue in die middeleeue ná die verbod op priesterhuwelike." Religion and Theology 3, no. 3 (1996): 297–306. http://dx.doi.org/10.1163/157430196x00266.
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AbstractDuring the eleventh and twelfth centuries married priests were forced by the reforming popes and synods to abandon their wives. It is difficult to establish the extent of the social consequences of this enforcement. Contemporary sources in northern France, the focus of this article, dealt with the matter mainly in terms of canon law. In this article the content of the non-sources is analysed, that is, the sources which criticised the prohibition of priestly and clerical marriages butwithoutgiving any information on the lives of thewomen involved. Then the article turns to Sigebertus of Gembloux and Anselm of Canterbury, neighbours to northern France, for information on the plight of these men and women.
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Wei, John. "Gratian and the School of Laon." Traditio 64 (2009): 279–322. http://dx.doi.org/10.1017/s0362152900002324.
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Gratian, the “Father of the Science of Canon Law,” had at least a passing familiarity with the scholastic theology of the early twelfth century. His Concordia discordantium canonum or Decretum displays a knowledge of many doctrines debated and discussed in the schools of northern France and also employs the dialectical method for reconciling contradictory authorities pioneered by the scholastics. How did Gratian become acquainted with these methods, doctrines, and ideas? What written sources, if any, introduced him to early scholastic theology?
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Arvidsson, Matilda, and Miriam Bak McKenna. "The turn to history in international law and the sources doctrine: Critical approaches and methodological imaginaries." Leiden Journal of International Law 33, no. 1 (November 8, 2019): 37–56. http://dx.doi.org/10.1017/s0922156519000542.
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AbstractExpanding now familiar debates about the impact of the ‘historical turn’ upon the field of international law, this article considers some of the different ways in which ‘turn to history’ scholars have confronted the methodological and theoretical tensions arising from the central, yet paradoxical, role occupied by the sources doctrine in international law. We suggest that the anxiety over the sources of international law as the basic methodological precepts of the discipline has been a catalyzing element for a radical reengagement with the canon of international law, one with a significant impact on the field’s existing parameters and doctrinal limits. Within the three streams of scholarship we explore here, history has become a site of creative engagement for scholars in opening up the discipline to diverse ends, one in which a new doctrinal universe can be created, and new issues, sources, subjects, and approaches can be explored. Yet, by opening up international law’s sources doctrine, reactionary causes and unjust ends may equally well be the result. This account is an attempt at diversifying the narrative surrounding the causal relationship between history and the ongoing changes to the field of international law, along with the differential practices, techniques and epistemological foundations behind the history of international law as an evolving discipline, and of the different scholarly motivations of its specialists.
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Chiodi, Giovanni. "The Binding Force of Unilateral Promises in the Ius Commune before Grotius." Grotiana 41, no. 1 (June 16, 2020): 40–58. http://dx.doi.org/10.1163/18760759-04101003.
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The idea that a simple unilateral promise, until it is accepted, is not binding according to natural law is defended by Grotius in his major work with an argumentation drawn directly from Lessius, an important source of inspiration for the Dutch jurist, who in turn solves the dispute rooted in the tradition of ius commune. This article aims to reconstruct, in its essential stages, an itinerary through the main positions of medieval and early modern civil and canon lawyers about this controversial issue. These sources constitute the background of early modern scholastics and Grotius as well. The paper analyses some of the principal texts of both bodies of law, highlighting arguments and adding new findings. Notably it is shown that Lessius’s and Grotius’s statements represent a turning point, as far as they react against the resumption of the theory of the binding force of simple unilateral promises in the sixteenth century. With Lessius and Grotius, on the other hand, acceptance became a necessary requirement for every transfer of rights and duties to be enforceable.
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Doe, Norman. "Robert Owen (1820–1902)." Ecclesiastical Law Journal 21, no. 1 (January 2019): 54–68. http://dx.doi.org/10.1017/s0956618x18000959.
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This journal has published two distinguished series on the lives and careers of individual jurists in the history of English church law, from the mediaeval period to the late nineteenth century: one by Professor Sir John Baker on ‘famous English canonists’ (1988–1997); and the other by Professor Richard Helmholz on ‘notable ecclesiastical lawyers’ (2013–2017). Most prepared for their professional careers with the study of civil law at Oxford or Cambridge (and before the Reformation also of canon law). Many practised as judges, advocates and proctors in the church courts (until statute ended much of their jurisdiction in the 1850s). Some wrote treatises on church law. A small number were also priests, but less so as the centuries unfolded. While these professional canonists and civilians may have had a monopoly in practising church law, they did not have a monopoly in thinking or writing about it. The clergy, who never trained or practised as lawyers, also had things to say about church law. But the clerical profession has been somewhat neglected by scholarship as a class contributing to the history of church law and jurisprudence. From diocesan bishops through parish priests to clerical scholars in the universities, their books, pamphlets, sermons, letters and other materials often deal with the nature, sources and subjects of church law. Their aims vary: from the educational through the historical or theological to the practical and polemical. These priest-jurists – fathers-in-law, they might quip – contributed much to the intellectual development of church law. One is Robert Owen, a Welsh scholar cleric whose books include Institutes of Canon Law (1884). No scholar has to date unveiled Owen as a notable Anglican priest-jurist – strangely, he has been lost to scholarship as among those whom he himself chided as ‘eminent Canonists’ who ‘hide themselves’ and remain ‘veiled Prophets’.
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Baker, J. H. "Famous English Canon Lawyers: VIII Edmund Gibson, D.D. († 1748) and David Wilkins, D.D. († 1745)." Ecclesiastical Law Journal 3, no. 17 (July 1995): 371–78. http://dx.doi.org/10.1017/s0956618x00000375.
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Since our next pair were not lawyers at all. it may seem rather incongruous to include them in the company of ‘canon lawyers’. Yet it would be pedantic to exclude them from a survey of English canonistic literature for want of the requisite formalities, especially since their collections of legal sources have been so widely consulted by ecclesiastical lawyers down to the present. Both their endeavours were prompted, indirectly, by a fierce controversy over the constitution of the Church of England and the historic role of Convocation; but, unlike much of the polemical literature spawned by that debate, the works of Gibson and Wilkins each made a more enduring contribution to the history of English ecclesiastical law.
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Friedrich, Lotter. "Die Stellung der Juden im Merowingerreich nach dem Zeugnis der Synodalakten." Aschkenas 28, no. 2 (March 1, 2019): 175–216. http://dx.doi.org/10.1515/asch-2018-0008.
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Abstract In research into the history of the Jews in the Merovingian kingdom, relevant Council decrees have so far played a very subsidiary role compared to information gleaned from narrative sources. Yet besides facilitating discoveries of importance not only for the Merovingian period, and scarcely to be found in other sources, a number of these decrees also found their way into the canon law of the High Middle Ages and acquired long-term significance as a result. The compilation presented here systematically investigates this source material according to perspectives important for the synods: Christian-Jewish intermarriages; Christian slaves owned by Jews, and the danger, as the Church saw it, of proselytism; Jews as holders of public offices; Judaizing tendencies amongst Christians; attempts to limit contact between Christians and Jews. From this it becomes apparent that the position of the Jews in the Merovingian kingdom was not as perilous as is often assumed based on the narrative sources. On the contrary, during this era the foundations were laid for a later autonomous Jewry in Europe. The essay also elaborates on the importance of the synodal decrees as source material for investigating the history of Jewry in the early medieval period. The concluding tables provide a systematic overview and also demonstrate which of the decrees were incorporated again into the medieval canonical collections.
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Beascoechea, Ana de Zaballa. "Promises and Deceits” Marriage among Indians in New Spain in the Seventeenth and Eighteenth Centuries." Americas 73, no. 1 (January 2016): 59–82. http://dx.doi.org/10.1017/tam.2016.4.
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Even a brief look into the historiography on Indian marriage in New Spain will reveal how infrequently scholars have devoted themselves to this topic. On the one hand, there are texts written from the perspective of canon law, such as those by Federico Aznar Gil, Paulino Castañeda, Daisy Rípodas Ardanaz, and Guillermo Floris Margadant, but these authors address canonical development in Spain as well as Spanish America and use mainly references from councils and synods, especially pastoral sources. On the other hand, there are anthropological studies, such as those of David Robichaux, Danièle Dehouve, Pierre Ragon, and Serge Gruzinski that compare pre-Hispanic marriage to Christian marriage.
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Černý, Miroslav. "Libri Feudorum und Ihr Ort in der Mittelalterlichen Rechtsgeschichte." Krakowskie Studia z Historii Państwa i Prawa 6, no. 4 (2013): 341–50. http://dx.doi.org/10.4467/20844131ks.13.021.1696.
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Libri Feudorum and Their Meaning in the Medieval Legal History Feudal Law, that was originally divided and fragmented like the entire medieval feudal world in which the law was created from disparate sources, gradually found its stable place alongside rediscovered Roman law and the newly organized canon law. At first, between 1154 and 1158, Obertus dall'Orto, a consul in Milan and expert of practical application of feudal law, wrote two letters to his son, Anselm, in which he summed up the elements of feudal law. This version is known as „Compilatio antiqua”. Around 1240 he was followed by Jacopo d’Ardizzone who wrote Summa feudorum. The last work called the Vulgate or Accursiana, that was divided into two books, was then incorporated in the most privileged place, right in the glossed Justinian legislation, behind the Novellae as the tenth amendment: Collatio. The subjects of these books included feudal relations between individual persons, a description of the investiture, different kinds of fiefs and the possibility of inheriting them. However, while Roman law of glossators was beginning its second life, feudal law represented rather the type of social relationships that (emptied from its original content) was coming to an end.
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Diestelkamp, Bernhard. "Diestelkamp, Bernhard, Der deutsche König als oberster Richter im Hoch- und Spätmittelalter Eine neue Positionsbestimmung." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 136, no. 1 (June 26, 2019): 94–129. http://dx.doi.org/10.1515/zrgg-2019-0004.
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Abstract The German king as highest judge in the Mid- to Late Medieval period. A new paradigm. Conventionally it is assumed that the king was the highest judge in the medieval Empire. However, many times this turns out to be a misconception. The idea of a ‘highest’ judge suggests a relationship of superiority and inferiority as well as successive stages of appeal which, in fact, did not exist in the customary law. The article analyzes sources from the late medieval Imperial Aulic Court examining when and in which contexts the term ‘highest judge’ was used first. Aside from little evidence in the 14th century numerous records can be found in 15th century documents. It is hardly a coincidence that these findings concur with the increase of references on appeal trials based on the learned law around this time. In this respect the designation of the king as the highest judge marks the transition of the judicial organization in the wake of the reception of the Roman and canon law.
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Halpérin, Jean-Louis. "Lex posterior derogat priori, lex specialis derogat generali Jalons pour une histoire des conflits de normes centrée sur ces deux solutions concurrentes." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 353–97. http://dx.doi.org/10.1163/15718190-000a1212.
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Lex posterior derogat priori, lex specialis derogat generali, Guidelines for a history of conflicting norms with a focus on these two competing solutions. – The two Latin maxims, Lex posterior derogat priori and Lex specialis derogat generali, sometimes presented as evidentially logical, have a complex history and a delicate relationship (whereas the latter can contradict the former). They take their origins in the Digest, but in rather paradoxical forms: Lex posterior is coming from a text written in Greek by Modestinus, lex generalis is induced from a general regula exposed by Papinianus. How have these two ways of resolving the problem of conflicting norms emerged in Roman law? How have they been quoted and explained in canon and in civil law during the Middle Ages? How have they been used by sovereigns and in which scope do they serve the foundations of modern States? This paper tries to answer these questions by analyzing texts where the two maxims are mentioned and proposes to treat this subject as a significant chapter of the history of the sources of law.
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Malekian, Farhad. "The Canon of Love against the Use of Force in Islamic and Public International Law. Part ii: The Anatomy of Love against Violations." International Criminal Law Review 15, no. 5 (June 27, 2015): 861–95. http://dx.doi.org/10.1163/15718123-01505002.
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Love is a norm of concern of all states and its boundaries reach even beyond the erga omnes principle but ignorance constitutes the great deficiency of human beings in Islamic and public international law. Both legal disciplines are not only against cruel human violations but also any other minor wrong. The differences between them are not as significant as first assumed. Instead, it is the other way around: the similarities are so significant as to include the very cornerstones of the various frameworks and systems, namely, their underlying principles. A wide-ranging interpretation of Islamic and public international law sources is necessary in order to put an end to all cultural, ethnic, religious, legal and political conflicts with whatever means are available – whether derived from Islamic, European, or other sources. A civilized human rights system or union does not authorize the use of force, nor do they purchase or manufacture weapons in any circumstances, for any reason and to any degree. In other words, pure love constitutes not only the de facto, but also, the de jure criteria of the intention not to segregate.
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Ofm, Aidan McGrath. "A Question of Interpretation: The Roman Rota and the Theology of Marriage." Ecclesiastical Law Journal 8, no. 39 (July 2006): 425–37. http://dx.doi.org/10.1017/s0956618x00006712.
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Judges need guidance if they are to apply the law in particular circumstances with an even hand. For Roman Catholics, Canon 19 of the 1983 Code of Canon Law provides this guidance by reference to the practice of the Roman Curia and by the constant opinion of learned authors. Useful as these supplementary sources are, they mean that judges have to trust that those responsible for making decisions in the Roman Curia and the learned authors have drawn their conclusions on a sound basis. This study considers what happened when a specific document was misunderstood in the Roman Catholic Church for almost four hundred years. The document, a letter from Pope Sixtus V to his Nuncio in Spain in 1587, responded to a specific query concerning the capacity for marriage of men who had been castrated. The interpretation of the letter defined the Roman Catholic Church's concept of marriage in general and its understanding of the impediment of impotence for four centuries. In the twentieth century, several Roman Catholic judges and canonists refused to take at face value the conclusions offered by other judges and learned authors, and decided to carry out their own analysis of the document in question. This resulted in a complete reversal of the way in which marriage cases were considered by the Apostolic Tribunal of the Roman Rota, and contributed to the emergence of a much richer and more integrated theology of marriage.
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Meijns, Brigitte. "Papal Bulls as Instruments of Reform: The Reception of the Protection Bulls of Gregory VII in the Dioceses of Liège and Thérouanne (1074–1077)." Church History 87, no. 2 (June 2018): 399–423. http://dx.doi.org/10.1017/s0009640718000860.
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In research concerning the spread of eleventh-century ecclesiastical reform ideas, papal protection bulls have been somewhat overlooked as scholarship has privileged more obvious instruments of papal politics, such as legates, councils, canon law, papal letters, and friendship networks. This is not surprising considering the fact that the only documents preserved are very often the bulls themselves, making it virtually impossible to reconstruct the impact that they had on the local churches. Therefore, the availability of several narrative sources discussing the reception of the bulls Gregory VII issued in favor of the Benedictine abbey of Saint Hubert in the diocese of Liège in 1074 and of the priory of regular canons in Watten in the diocese of Thérouanne in 1077 is truly unique. While these accounts are heavily biased, they permit us to catch a rare glimpse of how bulls were received at the grassroots level. As becomes clear from their stormy reception, the charters prompted discussion in the episcopal entourage about questions of ecclesiastical hierarchy, procedure, papal obedience, and episcopal authority. They cleverly rooted the papal reform program in the midst of far-off but politically important dioceses and forced bishop and clergy to take a stance in the reform debate.
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Etherington, Laurence. "Canons of environmental law: pollution of churches and the regulation of the medieval ‘environment’." Legal Studies 36, no. 4 (December 2016): 566–90. http://dx.doi.org/10.1111/lest.12122.
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The canon law rules addressing ‘Church Pollution’ provide a long-standing example of social regulation. A survey of historical material, and secondary sources, identifies a sophisticated set of precepts that developed over centuries. This development included application to one of the most important events in medieval England: the murder of Thomas Becket. Perhaps more importantly, the regime was widely used and thus of great significance to the ordinary citizens of the Middle Ages. Though largely historical, more recent examples of employment can also be found. When viewed through a contemporary lens, there are some connections that can be made with modern concepts of ‘pollution’ and contemporary environmental law and policy, such as that relating to contaminated land. While the relationships should not be overplayed, that analysis suggests a social and cultural heritage that has been drawn upon, whether consciously or not. When attempting to view matters from the perspective of medieval society, so conceptualising the ‘environment’ to include consideration and protection of the spiritual environment, further associations can be found. The differences in focus for the regulatory endeavours reflect differing fears, values and priorities. They also identify how these factors influence our definition and regulation of ‘pollution’.
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Levinson, Bernard M., and Jeffrey Stackert. "Between the Covenant Code and Esarhaddon’s Succession Treaty." Journal of Ancient Judaism 3, no. 2 (May 6, 2012): 123–40. http://dx.doi.org/10.30965/21967954-00302002.
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The authors are preparing a volume for the Yale Anchor Bible Reference Library, Deuteronomy and the Pentateuch, which will examine the following key questions: (1) What is the date and historical context for the composition of Deuteronomy? (2) What is Deuteronomy’s method of composition? (3) What is the relationship between law and narrative in Deuteronomy? (4) What is the intent of Deuteronomy vis-à-vis its Israelite sources? (5) What is the influence of cuneiform legal and treaty traditions upon Deuteronomy and its Israelite forebears? (6) What is Deuteronomy’s status within the compiled Pentateuch (and the larger biblical canon)? In this article, the authors summarize these issues and then examine Deut 13 and its relevance for dealing with each of them.
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Siegrist, Nora. "Dispensas y libros secretos de matrimonios en la segunda mitad del siglo XVIII y la primera del XIX en actuales territorios argentinos." HiSTOReLo. Revista de Historia Regional y Local 6, no. 12 (July 1, 2014): 14–57. http://dx.doi.org/10.15446/historelo.v6n12.42244.
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En el presente trabajo se analizan fuentes en archivos y obras de la bibliografía europea e Hispanoamericana vinculados al Derecho Canónico en la segunda mitad del siglo XVIII y la primera del XIX. Los Libros Secretos de Matrimonios, escasamente conocidos, revelan la existencia de una realidad justamente secreta, de allí que pocos tuvieron acceso a un material guardado a través del tiempo por la Iglesia Católica. Motivaciones disímiles como consanguinidad directa, primer grado de afinidad en línea recta, disparidad de linaje, de religión, falta de permisos por parte de las autoridades a funcionarios de la administración en Indias y a oficiales militares para que pudieran casar, como el hecho de que algunos Cargadores de Cádiz quisieron ser considerados como solteros ante la sociedad, fueron motivo de que ciertas nupcias se guardaran de incógnito en las Cámaras Episcopales, en libros bajo llave. Se da cuenta de ejemplos ubicados en Buenos Aires, Córdoba y Mendoza, con extensión a antecedentes existentes en otras regiones geográficas. Waivers and Books Secrets of Marriages in the Second Half Century XVIII and the First of XIX Existing Territories in ArgentineAbstractIn this paper we analyze sources in archives and works of European and Latin American literature related to Canon Law in the second half of the eighteenth century and early nineteenth centuries. The Secrets of Marriage poorly known Books reveal the existence of a secret just really there that few had access to a saved over time by the Catholic Church material. Dissimilar motivations direct consanguinity, first degree of affinity in a straight line, disparity lineage, religion, lack of permits from the authorities to administration officials in Indias military and officers so they could marry, and the fact that some Cadiz Chargers wanted to be considered as single society, were the occasion of certain marriage will be kept undercover in the Episcopal Cameras, locked book. He realizes examples located in Buenos Aires, Cordoba and Mendoza, with extension to existing records in other geographical regions. Keywords: secrets marriage, Canon Law, Buenos Aires, Córdoba, Mendoza.
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Kubiak, Przemysław. "Od przypadku do przypadku – czyli o casus na gruncie rzymskiego prawa karnego oraz pism retorycznych Cycerona-." Opolskie Studia Administracyjno-Prawne 14, no. 2 (April 27, 2016): 57–78. http://dx.doi.org/10.25167/osap.1556.
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The opinion that Roman jurists were giants in the field of private law and dwarfs in criminal law is nowadays a little bit out of date. However, upon a closer analysis of the use of the term ‘accident’ (casus), such a statement seems to be justified. Casus for Roman jurists was not only, as in the sphere of private law, a pure random fact, but also a culpable human act. It is not hard to guess that their writings and opinions were inconsistent in that field and sometimes suggested quite surprising legal classifications of deeds committed in such a way. In order to understand this paradox it might be helpful to take a closer look at historical regulations of crimes committed unintentionally, including above all homicide, but also rhetorical sources, especially works of Cicero. His writings were a canon for learning rhetoric in later times, as well as inspiration for next generations of Roman jurists. His remarks and specific character of the metaphorical phrase si telum manu fugit quam iecit, constituting a kind of definitional topos of crimes committed unintentionally, can lift the veil of secrecy and enable penetration of Roman jurists’ philosophy of life and their intellectual formation.
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Witte, John, and Justin J. Latterell. "CHRISTIANITY AND HUMAN RIGHTS: PAST CONTRIBUTIONS AND FUTURE CHALLENGES." Journal of Law and Religion 30, no. 3 (October 2015): 353–85. http://dx.doi.org/10.1017/jlr.2015.29.
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AbstractThis article analyzes the historical sources and forms of human rights in Western legal and Christian traditions, and it identifies key questions about the intersections of Christianity and human rights in modern contexts. The authors identify nine distinctions between different conceptions of rights correlating with at least four types of jural relationships, and they argue that leading historical accounts of human rights attribute “subjective” rights too narrowly to Enlightenment and post-Enlightenment legal thought. Earlier forms of classical Roman law and medieval canon law, and legal norms developed by Protestant reformers of the sixteenth and seventeenth centuries shaped Western human rights regimes in historically important ways, anticipating most of the rights formulation of modern liberals. In response to contemporary scholars who criticize human rights paradigms as inadequate or incompatible with Christian faith and practice, the authors argue that rights should remain a part of Christian moral, legal, and political discourse, and that Christians should remain a part of pluralistic public debates about the appropriate scope and substance of human rights protections.
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TOLENTINO, C. C., and Paulo Eduardo A. SILVA. "Processo judicial e poder político: práticas inquisitoriais no julgamento de condenação de Joana D’Arc." Passagens: Revista Internacional de História Política e Cultura Jurídica 13, no. 2 (May 31, 2021): 191–221. http://dx.doi.org/10.15175/1984-2503-202113202.
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Records on the trial and sentencing for heresy of French warrior Joan of Arc dating to 1431 have been studied by a variety of fields. The present work explores the primary sources and several of these studies in the aim of analyzing the political significance of the forms adopted during the trial. From a perspective poised between the history of law and procedural law, the article clarifies aspects of the practical functioning of the Roman Canon inquisitorial procedure at the end of the Middle Ages, and, more widely, the phenomenon of the capillarization of the political power by means of the production of truth. The article concludes that, although Joan of Arc’s trial was clearly politically motivated, several of its dimensions correspond to the procedural practices of the time, leading us to an understanding that the influence of power over trials does not necessarily manifest in a direct violation of procedural rules, but rather in their very design and the ways in which they are put into operation.
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TSIBRANSKA-KOSTOVA, MARIYANA. "СВЕТЪТ НА МОНАХИНИТЕ ПО ЛЕКСИКАЛНИ ДАННИ / THE WORLD OF NUNS ACCORDING TO LEXICAL DATA." Journal of Bulgarian Language 68, no. 01 (March 31, 2021): 46–64. http://dx.doi.org/10.47810/bl.68.21.01.05.
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The article aims at comparing the data on female monasticism in two types of sources – hagiographic works and canon law – in order to bring forward monastic everyday life as an object of cultural conceptology and study of the diachronic linguistic picture of the world. Examples are taken from the Life of St. Eupraxia in the 1359–1360 copy of the Bdin Collection and selected rules from penitential collections. Everyday life in the monastery can be presented by means of distinct thematic areas defined by specific ranges of concepts (mental constructs) and the respective linguistic nominations. The lexical data addressed in the article refer to: food, clothing, education, labour, customs and regulations in the monastery, relations between nuns. The data on female monasticism in the Middle Ages are more limited than those available for monks. This corresponds with scarce information from other types of sources, such as iconographic and archaeological sources. The nuns’ habits and some positions in the monastery are denoted predominantly by masculine gender lexemes due to commonalities in the way of life and the moral norms. The comparison of lexical data from texts of different genres remains a promising task towards the reconstruction of the medieval way of life in the monastery.
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Williams, Ian. "“He Creditted More the Printed Booke”: Common Lawyers' Receptivity to Print, c.1550–1640." Law and History Review 28, no. 1 (February 2010): 39–70. http://dx.doi.org/10.1017/s0738248009990034.
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The printing press was recognized by early modern commentators, just as it has been by historians, as an important invention that had profound effects on the arts and sciences. Legal historians have not missed the potentially transformative effects of printing—not only might lawyers found heterodox arguments upon the precise words of printed texts, rather than relying upon the “common learning,” but the absence of texts from the “common learning” in the printed canon meant legal historians themselves labored for many years under a misapprehension as to the nature of medieval English law. However, little work has been undertaken on the precise impact of printing upon the English legal profession, particularly in the shorter term. Common lawyers, particularly in the sixteenth century, were a group who increasingly relied upon, and cited, textual material as the foundation of their arguments on all points of law. Over the course of the sixteenth century, lawyers came increasingly to rely upon prior cases, and particularly prior judged cases, as the basis of legal arguments and of the correctness of those arguments. Advocates and judges were all faced with a large, and still growing, body of manuscript material, and a sizeable collection of printed works. Attitudes towards printed material is an important topic for historians of early modern law for suggesting which sources of legal ideas were given more prominence in the period.
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Petrak, Marko. "Kanonsko pravo i hrvatski pravni sustav (II). Codex Iuris Canonici i suvremeno hrvatsko pravo." Zbornik Pravnog fakulteta u Zagrebu 70, no. 5 (November 24, 2020): 675–708. http://dx.doi.org/10.3935/zpfz.70.5.04.
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This article analyzes the relationship between canon law as the legal system of the Catholic Church, to which a majority of Croatian citizens belong, and the Croatian legal system, focusing on the issue of canon law (ius canonicum) as a source of law in the Croatian legal system on the basis of concordatarian law (ius concordatarium), i.e. the four international treaties between the Holy See and the Republic of Croatia. As regards canon law, in this contribution the author takes into account only its most important source: the Code of Canon Law (Codex Iuris Canonici – CIC) of 1983, the undoubtedly most important codification of religious law in the world. Following the systematization of CIC into seven books, the author highlights particular provisions of the said treaties, which introduced into the Croatian legal system a series of institutes and provisions of canon law as binding normative contents. In addition, the author concludes that the Code represents a relevant conceptual and normative common framework for all provisions of the international treaties between the Holy See and the Republic of Croatia based on canon law or its institutes. To be more precise, a closer analysis of the provisions of the treaties between the Holy See and the Republic of Croatia leads to the conclusion that CIC has, in its totality, become a relevant source of law in the Croatian legal system. The author also refers to relevant Croatian scholarly literature on canon law, and in particular to the case-law of Croatian state courts which involves the application of certain canons of the Code, pointing out good examples of such application, and providing a critical view of particular cases in which, in the author's opinion, the courts made certain errors in the interpretation and application of some aspects of canon law. Finally, the research suggests that the significance of canon law, particularly Codex iuris canonici as its primary source, in the Croatian legal system is undoubtedly increasing, which is why its deeper understanding both by legal doctrine and by the legal practice is becoming a necessity.
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Reynolds, Susan. "The Emergence of Professional Law in the Long Twelfth Century." Law and History Review 21, no. 2 (2003): 347–66. http://dx.doi.org/10.2307/3595095.
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The object of this article is to draw attention to an area of European legal history that I think deserves more investigation. It is the change in legal practice caused by the transition from the diffused, undifferentiated, customary law of the earlier middle ages to the various forms of expert, esoteric, professional law that dominated the higher courts of the later middle ages. The suggestion that this has not been much studied may seem odd but, though much has been written on the new study of Roman law, those who work on it have tended to concentrate on the intellectual achievements of the glossators and post-glossators, rather than on practice. Practice in canon law has received more attention, notably from legal historians trained in the Anglo-American tradition, but this has not focused closely on twelfth-century origins. The beginnings of English common law have also been much studied and, since it started off as largely a matter of procedures, that has indeed meant looking at practice. The traditional teleology of legal history has, however, prevented much cross-fertilization with the history of other legal systems. One example of the consequent detachment of English legal history is the assumption of some English legal historians that Roman law procedures were followed in what they often characterize simply as “the Continent” more generally and earlier than seems to have been the case in most areas north of the Alps. Both in England and elsewhere many legal historians concentrate on the period from the thirteenth century on, when sources become more plentiful. Meanwhile, social historians of early medieval western Europe, including England, have argued—to my mind successfully, though I am hardly unprejudiced—that early medieval law was not just a weak, ritualized, and irrational response to feuds and violence, but their investigations tend to stop before the professionals took over. The result is that, apart from recent pioneering work on twelfth-century Tuscany by Chris Wickham, the transition in court practice outside England has been neglected.
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Doerfler, Maria E. "The Holy Man in the Courts of Rome." Studies in Late Antiquity 3, no. 2 (2019): 192–211. http://dx.doi.org/10.1525/sla.2019.3.2.192.
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Scholars of Late Antiquity have long recognized that bishops played an influential role in the formation and execution of Roman law. Such was the case even in the Syrian realm, traditionally considered the exotic hinterland of the Roman Empire. Fifth- and sixth-century sources, such as the Syro-Roman Lawbook, early exemplars of canon legislation, and homilies and hagiographic narratives, point to a considerable preoccupation with matters of law and justice for Syrian clergy. This article examines a particularly well-attested slice of this data surrounding Rabbula, the fifth-century bishop of Edessa. Rabbula's background in imperial administration and his post-conversion pursuit of asceticism make him in many ways the prototypical late ancient bishop, combining monastic charisma with civic acumen. A collection of rules for clergy and ascetics attributed to him focuses closely upon priests' and bishops' function in the Roman legal system, their collaboration with Roman magistrates, and the ways in which clerical judicial processes reflected and sought to distinguish themselves from their magisterial analogues. Drawing upon the evidence of the Rules and roughly contemporaneous texts addressing legal practice in Edessa suggests that, Syria's reputation as sui generis notwithstanding, in their judicial capacity Syrian clergy bore striking resemblances to their Western counterparts.
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Burkholder, Mark A. "Life without Empire: Audiencia Ministers after Independence." Hispanic American Historical Review 91, no. 2 (May 1, 2011): 271–98. http://dx.doi.org/10.1215/00182168-1165217.
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Abstract “Life without Empire: Audiencia Ministers after Independence” draws upon sources from Spain’s national, regional, and university archives to examine men with audiencia positions in Spain and in the Indies from the end of the sale of appointments in 1750 to 1821. In 1750 these ministers shared backgrounds of gender and university study of civil law, canon law, or both. They differed in regard to place of birth, the purchase of an initial audiencia appointment, age at first appointment, educational experience and university affiliation, prior government service and university teaching, and the extent of prominent letrado relatives serving audiencias, chancellories, and councils. By 1808 these differences had largely disappeared and a much more homogenous corps of ministers served on the tribunals. The changes in background facilitated the incorporation into the Spanish courts of a substantial number of ministers with American service after independence. Many creole and the few peninsular ministers who remained in the Americas after independence also obtained positions there. Compared to intendants and bishops in the Americas, ministers on New World audiencias proved relatively successful in securing posts after independence. In terms of subsequent offices held, the handful of creole audiencia ministers that emigrated to Spain fared better than the peninsulars that remained in the newly independent states.
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Rider, Catherine. "‘Danger, Stupidity, and Infidelity’: Magic and Discipline in John Bromyard’sSumma for Preachers." Studies in Church History 43 (2007): 191–201. http://dx.doi.org/10.1017/s042420840000320x.
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One of the places in which medieval churchmen tackled questions of discipline and diversity was in their writing on magic. Magic appeared in many different kinds of ecclesiastical writing, including canon law, theology, and the records and manuals of the inquisition. Some of these sources have been well studied; in particular, historians have often attempted to trace the medieval origins of the early modern witch-hunts in theology and inquisition records. However, many other texts have received little attention, among them the pastoral manuals written from the thirteenth century onwards, which instructed priests on how to preach and hear confessions. In contrast to academic theology and inquisitors’ manuals, which catered for specialist readers, pastoral manuals were aimed at any Latin-literate cleric, perhaps especially at students in England’s secular and religious schools. Because they reflect what this wider audience might be expected to encounter, they offer a broader perspective than do the specialist texts on why medieval people employed diverse ritual practices, and why churchmen labelled some of these practices as ‘magic’ and sought to discipline them.
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Pennington, Kenneth. "D. L. d’Avray, Papal Jurisprudence c. 400: Sources of the Canon Law Tradition. Cambridge: Cambridge University Press, 2019. Pp. x, 302. $99.99. ISBN: 978-1-1084-7293-7." Speculum 96, no. 3 (July 1, 2021): 801–3. http://dx.doi.org/10.1086/714647.
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Peters, Edward N. "Introduction to the History of the Sources of Canon Law: The Ancient Law up to the Decretum of Gratian (Series Gratianus). By Brian Edwin Ferme. Wilson & Lafleur2007. Pp. 320. $50.00. ISBN: 2-891-27805-4." Journal of Law and Religion 25, no. 2 (2009): 589–91. http://dx.doi.org/10.1017/s0748081400001302.
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Kinzig, Wolfram. "Papal jurisprudence, c. 400. Sources of the canon law tradition. By D. L. D'Avray. Pp. x + 302. Cambridge–New York: Cambridge University Press, 2019. £75. 978 1 108 47293 7." Journal of Ecclesiastical History 72, no. 3 (June 25, 2021): 626–28. http://dx.doi.org/10.1017/s0022046921000191.
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