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1
Vlavianos, George. "Specific Performance in the Civil Law: Mediating Between Inconsistent Principles Inherited from a Roman-Canonical Tradition via the French Astreinte and the Québec Injunction." Revue générale de droit 24, no. 4 (February 27, 2019): 515–54. http://dx.doi.org/10.7202/1056817ar.
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Traditionally, inexecution of a contractual obligation in the civil law gives rise to an award in damages. This principle stems from Roman law of the classical period, which held to the maxim Nemo praecise cogi potest ad factum. In the post-classical period, however, the influence of ecclesiastical courts and the Christian notion of fidei laesio imposed itself on the classical pre-eminence of damages. Consequently, contractual obligations were often specifically enforced by secular courts based on the pacta sunt servanda doctrine of the canon law. Yet damages and specific performance, it is argued, are from the outset conceptually irreconcilable remedies. The full import of the nemo praecise principle prohibits all acts compelling the debtor to perform, whether such compulsion be physical or one of conscience. Pacta sunt servanda, on the other hand, maintains that that which has been promised should be performed, by force if necessary. In France, the mechanism of astreinte — a comminatory fine imposed on the debtor upon his failure to comply with a court order — is used to specifically enforce contractual obligations. This is done despite the fact that execution in kind is not expressly sanctioned by the Code civil. In Québec, courts have been slow to acknowledge the suitability of specific performance in the context of contractual obligations. The source of such hesitation is codally rooted, as the Civil Code of Lower Canada, in terms similar to the French Code civil, enunciates the supremacy of damages at article 1065. But this situation will change with the arrival of the new Civil Code of Québec. With this reorientation of the substantive law, Québec courts will be procedurally better equipped to enforce specific performance than their French counterparts. In essence, via the injunction, a court may physically compel a recalcitrant debtor. Despite its common law origins, the author contends that the injunction is not incompatible with the law of obligations in Québec. Any perceived incompatibility in the realm of contract law arises from the initial irreconcilability of damages and specific performance.
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Bash, Anthony. "Ecclesiastical Law and the Law of God in Scripture." Ecclesiastical Law Journal 5, no. 22 (January 1998): 7–13. http://dx.doi.org/10.1017/s0956618x00003197.
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The Ecclesiastical Law Society is rightly promoting afresh the study of ecclesiastical law. In the case of the Church of England, the sources of ecclesiastical law are three-fold: case-law, statutes (and Measures made thereunder) and the Canons of the Church of England. These are the formal sources for identifying and expounding (Anglican) ecclesiastical law. The sources qua sources may not be the subject of debate; the debate may only be as to the interpretation of the contents of the sources and whether the sources should be amended. This approach to determining the substantive content of ecclesiastical law reflects the positivist approach to law, such as Bentham, Austin and Hart have set out.
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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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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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Shishkin, Vladimir. "Ecclesiastical Household of Anna Yaroslavna, Queen of the Franks (1051–1075)." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 5 (December 2020): 6–19. http://dx.doi.org/10.15688/jvolsu4.2020.5.1.
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Introduction. The court of Anna Yaroslavna, the French queen of the 11th century, has not been specifically studied in historical literature. The author proposes to find out how the ecclesiastical environment of the Queen was formalized and structured in 1051–1075, who of the church persons formed her inner circle, and whether the royal ecclesiastical household had an influence on the formation of the church policy of the crown. Methods. The methodology is a combination of institutional and social history as part of the systemic approach that makes it possible to understand the evolution of the Queen’s household within the curial Capetian system. Analysis. The reviewed sources indicate that Anna Yaroslavnas staying in France and her relationships with the curial clerics were very close. The Royal acts attest to Anna’s high level of involvement in the ecclesiastical affairs of France, her regular support for the church persons of Curia regis, the Chancellor-Bishop and his servants, as well as the state of curial priests. Results. The ecclesiastical entourage of King Henri I and Queen Anna largely shaped the policy of the Capetians and strengthened dynastic authority. As a widow and queen mother, Anna Yaroslavna played in accordance with the policies of Henry I and his predecessors, contributing to the further strengthening of the church presence at the court, and in particular the bishops in Curia regis, as opposed to the feudal clans and influence of the pope. At the same time, all her actions were aimed at the interests of the crown in order to guarantee the safe preservation of the throne for her son Philip I.
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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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MARAFIOTI, NICOLE. "UNCONSECRATED BURIAL AND EXCOMMUNICATION IN ANGLO-SAXON ENGLAND: A REASSESSMENT." Traditio 74 (2019): 55–123. http://dx.doi.org/10.1017/tdo.2019.14.
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This article investigates the ideologies which underpinned unconsecrated burial in late Anglo-Saxon legal and religious texts. The exclusion of sinners and criminals from Christian cemeteries has typically been interpreted by scholars as a form of excommunication or an attempt to facilitate damnation. However, a reassessment of legislative, diplomatic, and ecclesiastical sources reveals that this was not so. In tenth-century laws and charters, unconsecrated burial was imposed exclusively by secular authorities; it was only prescribed by ecclesiastical authorities from ca. 1000. This suggests that it originated as a temporal punishment but later came to be used as an ecclesiastical sentence. The following analysis of the textual evidence yields two interrelated arguments. First, this article demonstrates that through the mid-eleventh century, unconsecrated burial was a penalty distinct from ecclesiastical excommunication. Where excommunication was imposed upon living sinners, to coerce them to penance, unconsecrated burial was prescribed for the unrepentant or criminal dead, whose actions placed them beyond earthly help. Second, this article contends that written prescriptions for unconsecrated burial differentiated secular from ecclesiastical jurisdictions. Although laymen and clergy collaborated in the dispensation of law and justice throughout the Anglo-Saxon period, the written evidence for unconsecrated burial shows that this penalty fell either under the authority of secular or of ecclesiastical agents, demonstrating a clearer separation between these spheres than is usually recognized in pre-Conquest England.
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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.
10
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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Марку, Жерар, and Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
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Goodrich, Peter. "Friends in high places." International Journal of Law in Context 1, no. 1 (March 2005): 41–59. http://dx.doi.org/10.1017/s1744552305001035.
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Aristotle, in his Ethics, argued that good legislators should pay more attention to friendship than to law. Common law, however, has trouble with friendship and has historically taken the view that agreements between friends are unenforceable for lack of intention to create legal relations. The roots of this presumption against amicable agreements lie in theology and antique ecclesiastical case law. Those sources are reviewed here and it is argued that seemingly progressive decisions that accord cohabiting friends legal recognition as spouses have the paradoxical effect of depriving them of contractual capacity. They join traditionally married couples in the ‘amity’ of the household which case law defines as an Alsatia outside of law. It is argued that such a consequence is both unintended and undesirable.
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Neuheuser, Hanns Peter. "Die Präzedenz der Stiftsdignitäre vor den Domkanonikern." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 106, no. 1 (August 27, 2020): 196–262. http://dx.doi.org/10.1515/zrgk-2020-0008.
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AbstractThe claim of prelates of collegiate churches to precede the canons of cathedrals. The fundamentals of ritual precedence in medieval times. The pluralistic stratification of the ecclesiastical hierarchy is mirrored in accumulated appearances of the office-bearers during synodal congregations by attending liturgy in the choir stalls as well as by walking in procession. Conflicts relevant to liturgical law and discipline concern claims to precede. The present investigation deals with the relationship between high prelates (provosts, deans) of institutes of secular canons and the simple members of the chapter of a cathedral. In this way a theory of procession-arrangement could be developed. Unknown sources of the Roman Curia, suppressed in medieval times, can be presented.
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Makarushkova, A. A., and I. V. Solovyeva. "Comparative Legal Analysis of Modern Civil Law Sources in Russia, France and Germany." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 149–61. http://dx.doi.org/10.17803/1994-1471.2019.109.12.149-161.
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Based on a comparative legal analysis, the paper discusses modern approaches to the system of sources of civil law in Russia, France and Germany. The authors draw attention to the similarities and differences (in form, name, structure, content, significance) of the sources of civil law of these countries, due to objective and subjective factors, as well as features of their legal systems. It is noted that the range of sources of civil law in France and Germany is much wider than in Russia. Among the sources of civil law of these legal systems, civil codes and laws containing civil law form a common ground for the system. Current trends include significant expansion and complication of the Russian civil law system of sources and its convergence with the laws of France and Germany. The authors conclude that there is a need to systematize and consolidate the detailed system of sources of civil law in Art. 3 of the Civil Code of the Russian Federation, the adjustment of certain legal institutions of French and German civil law in order to improve Russian legislation and develop modern sources of Russian civil law and their system in the context of combining the experience of French and German law with domestic legal traditions.
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Becker, Michael. "The Reception of Ordinum Pietas in the Palatinate." Grotiana 34, no. 1 (2013): 62–90. http://dx.doi.org/10.1163/18760759-03400001.
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The paper examines the reception of Grotius’s work Ordinum Pietas in the Palatinate. Before focussing on the reception in Heidelberg, Grotius’s references to Palatine scholars are analysed in order to highlight the influences of Palatine theology on Grotius himself. It can be illustrated that Grotius refers particularly to irenic ideas expressed by Heidelberg theologians. In the second part, the reception of the treatise in Heidelberg is presented. After sketching the reactions of Abraham Scultetus, Jan Gruterus, and Georg Michael Lingelsheim to Ordinum Pietas, which have already been thoroughly analysed, the present paper concentrates on the famous Heidelberg theologian David Pareus, who mentions the treatise in an unpublished letter to Sibrandus Lubbertus. This letter and additional sources suggest that Pareus was not in favour of Grotius’s politico-ecclesiastical concept – a finding which raises, however, the question of why Pareus’s commentary on Romans strongly supports politico-ecclesiastical ideas that resemble Grotius’s approach greatly. The answer to this question is to be found in different theological contexts: While Pareus polemicises against Jesuit positions, Grotius advocates a Remonstrant view on civil authorities that is aimed against orthodox Calvinist positions. Furthermore, the paper examines whether or not Grotius exerted any traceable influence on Pareus’s irenicism. On the basis of various arguments, it is proven that this was not the case. On the contrary, it appears that Grotius later referred to Pareus’s irenic writings, just as he also adapted Pareus’s ideas on church and state in his work De imperio summarum potestatum.
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PAWLIKOWSKA-BUTTERWICK, WIOLETTA. "‘Lithuanians’, ‘Foreigners’ and Ecclesiastical Office: Law and Practice in the Sixteenth-Century Grand Duchy Of Lithuania." Journal of Ecclesiastical History 68, no. 2 (February 8, 2017): 285–305. http://dx.doi.org/10.1017/s0022046916000646.
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The distinction between ‘Lithuanians’ and ‘foreigners’ made by the law of the Grand Duchy of Lithuania with regard to eligibility for senior offices was less clear in practice. The protracted dispute, between 1591 and 1600, over the royal nomination of a ‘Pole’ as bishop of Vilna, has traditionally been presented as an expression of Lithuanian particularism after the 1569 union between Lithuania and the Kingdom of Poland. Using neglected capitular sources, this article re-examines the crucial, but underappreciated role played by the Vilna cathedral chapter in this cause célèbre. The motives for the chapter's opposition to the royal nominee cast doubt on the allegedly overwhelming importance of the defence of Lithuanian ‘sovereignty’. Instead, the case demonstrates the significance of material interests in the actions of early modern ecclesiastical corporations.
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Duncan, Graham A. "The Politics of Credentials: A Commentary and Critique of the Presbyterian Church in Southern Africa." Ecclesiastical Law Journal 20, no. 3 (August 23, 2018): 305–27. http://dx.doi.org/10.1017/s0956618x18000480.
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The use of credentials in an ecclesiastical context is a means of assuring that a minister is who he or she claims to be and is therefore trained and qualified to exercise ministry within a particular church tradition as determined by individual denominations. The concept and use of credentials has developed over time. Using primary sources in the main, this article examines the use of credentials as a tool for ‘inclusion’ or a means of ‘exclusion’, or both, in the history of the largest Presbyterian church in Southern Africa and its predecessors. The research question under study is to what degree, if any, were credentials used to control ministers and to cleanse and purify the church of radical – such as anti-apartheid – elements?
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Koskenniemi, Martti. "Colonial Laws: Sources, Strategies and Lessons?" Journal of the History of International Law 18, no. 2-3 (April 13, 2016): 248–77. http://dx.doi.org/10.1163/15718050-12340059.
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The essay enquires into the nature of the ‘colonial laws’ that colonial powers (Spain, France, Britain, Germany, Italy) enacted to govern the populations of their overseas territories. The focus is on the hybrid character of that law between (public) international law and domestic (administrative) law. Hybridity served to protect colonial rule from being critiqued by international criteria while enabling treating colonial populations by standards different from those applied to citizens. The essay asks the question to what extent today’s new laws in Europe that seek to deal with aliens might seek a similar hybridity.
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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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Denaro, Giusy. "Mass alphabetization in Sicily after the Unit. Testimonies from the Archive of State of Catania (1861-66)." Rivista di Storia dell’Educazione 7, no. 1 (July 9, 2020): 59–70. http://dx.doi.org/10.36253/rse-9394.
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This work, part of a broader project on “Literacy and Development in Southern Italy from Italian Unification to the Giolittian Era (1861-1914)”, analyzes, through the sources of the State Archives of Catania, the connection between the processes of modernization and literacy in the South, during the first years after the extension of the Casati Law, looking at the modalities, effectiveness and effective fulfillment of schools institution, by the Catania hinterland Municipalities, as a primary element of economic and social progression of the territory. At the same time, particular attention is given to the role of local ecclesiastical institutions in primary education.
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Gradeva, Rossitsa. "Orthodox Christians in the Kadı Courts: The Practice of the Sofia Sheriat Court, Seventeenth Century." Islamic Law and Society 4, no. 1 (1997): 37–69. http://dx.doi.org/10.1163/1568519972599932.
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AbstractThe attitude of Balkan Christians to Ottoman rule has been subject to various, often contradictory, assessments. In this essay I examine one aspect of this subject, namely, the Christian attitude toward the sheriat court as a judicial institution, as reflected in kadı sicils from Sofia and other Balkan cities and in documents issued by Orthodox Christian ecclesiastical authorities from the sixteenth to the eighteenth centuries. Examination of these sources reveals that Christians frequently chose the sheriat judge over that of the church courts. In most cases this behaviour can be explained by the desire of the Christian litigants to seek out the court that would provide the most favourable solution to the dispute. The participation of Christians in sheriat court proceedings strengthens the impression that they did not avoid the sheriat court in practice, despite the hostility manifested by Christian religious authorities toward such behaviour. Indeed, the sources point to relatively smooth relations between the two communities in the Ottoman Balkan provinces in the period immediately preceding the national awakening of Balkan peoples.
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Graus, Andrea. "Mysticism in the courtroom in 19th-century Europe." History of the Human Sciences 31, no. 3 (March 26, 2018): 21–40. http://dx.doi.org/10.1177/0952695118761499.
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This article examines how and why criminal proceedings were brought against alleged cases of Catholic mysticism in several European countries during modernity. In particular, it explores how criminal charges were derived from mystical experiences and shows how these charges were examined inside the courtroom. To bring a lawsuit against supposed mystics, justice systems had to reduce their mysticism to ‘facts’ or actions involving a breach of the law, usually fraud. Such accusations were not the main reason why alleged mystics were taken to court, however. Focusing on three representative examples, in Spain, France and Germany, I argue that ‘mystic trials’ had more to do with specific conflicts between the defendant and the ecclesiastical or secular authorities than with public concern regarding pretence of the supernatural. Criminal courts in Europe approached such cases in a similar way. Just as in ecclesiastical inquiries, during the trials, judges called upon expert testimony to debunk the allegedly supernatural. Once a mystic entered the courtroom, his or her reputation was profoundly affected. Criminal lawsuits had a certain ‘demystifying power’ and were effective in stifling the fervour surrounding the alleged mystics. All in all, mystic trials offer a rich example of the ways in which modern criminal justice dealt with increasing enthusiasm for the supernatural during the 19th century.
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Arnold, Jonathan. "John Colet and Polydore Vergil: Catholic Humanism and Ecclesiology." Moreana 51 (Number 197-, no. 3-4 (December 2014): 138–65. http://dx.doi.org/10.3366/more.2014.51.3-4.9.
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This paper examines the relationship between two early modern Catholic humanists who both wrote extensively on the need for ecclesiastical and clerical reform. Colet, Dean of St. Paul’s (1505–19), and Vergil, Archdeacon of Wells (1508–46), were well acquainted and both members of Doctors Commons. Their written works demonstrate a considerably critical stance on clerical behaviour, notably Colet’s sermons and lectures as well as Vergil’s De Inventoribus Rerum and Adagia. Drawing upon original manuscript and primary sources, I argue that these texts demonstrate a shared desire for a highly clerical, perfected Church that could be immune from lay criticism and that they both entertained conciliarism as a possible solution to the Church’s problems, for which both men received vehement opposition. Although both were ultimately disappointed in their ambitions, I suggest that they held true to their belief that the Church could be morally and spiritually renewed without the need for a Reformation.
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Kearns, David. "Sovereignty and Common Law Judicial Office in Taylor's Case (1675)." Law and History Review 37, no. 2 (April 24, 2019): 397–429. http://dx.doi.org/10.1017/s0738248019000154.
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This essay argues that the 1675 conviction of John Taylor by the Court of King's Bench for slandering God reveals Chief Justice Matthew Hale implementing a model of conjoint law-making between courts, Parliament, and crown that gave pre-eminent power to the common lawyers, and none to the Church of England. In doing so, it counters the prevailing literature on Restoration English law, which has treated the law as hierarchical, with the common lawyers subordinate to the sovereign. Rather than following statute or ecclesiastical law, which emphasised the spiritual nature of crimes like Taylor's, Hale located Taylor's offence in the exclusively temporal common law jurisdiction of defamation, which existed largely outside of monarchical purview. Hale's judgment reflected his rhetoric of judicial office outside the courtroom, where he argued the judiciary worked alongside King and Parliament in making law, but were not subservient to these institutions, for common lawyers relied on sources of law beyond sovereign-made statute. The language of sovereignty as hierarchical was thus a factional attack on an independent common law, an attempt to subordinate the common lawyers to the crown that was resisted by the lawyers like Hale in his rhetoric and exercise of office, and should not ground accounts of the Restoration regime.
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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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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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Jiménez Sánchez, Juan Antonio, and Pere Maymó i Capdevila. "La magia en la Galia merovingia = Magic in Merovingian Gaul." Espacio Tiempo y Forma. Serie II, Historia Antigua, no. 30 (December 3, 2017): 183. http://dx.doi.org/10.5944/etfii.30.2017.19321.
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En el presente trabajo estudiamos los testimonios sobre magia documentados en la Galia entre finales del siglo V y mediados del siglo VIII, período en que este territorio estuvo parcial o totalmente bajo dominio merovingio. Para ello, recurriremos al análisis de la información proporcionada por una gran variedad documental: narraciones de tipo histórico, hagiografías, fuentes legislativas y canonísticas, así como también epigráficas. A partir de aquí, podemos colegir que la magia poseía una existencia innegable para los miembros de la sociedad franca, independientemente de su género, edad o condición social. También resultaba un problema preocupante para las élites dirigentes: las autoridades laicas persiguieron la magia negra mientras que las jerarquías eclesiásticas la condenaron bajo todas sus formas, maléfica y benéfica. Todo esto manifiesta que los vestigios paganizantes tenían una presencia mucho más real en la Galia merovingia de lo que admiten muchos autores actuales.In the present work we study the testimonies about magic documented in Gaul between the end of the fifth century and the middle of the eighth century, period in which this territory was partially or totally under Merovingian rule. To do this, we will analyse the information provided by a large variety of documents: historical narratives, hagiographies, legislative and canonical sources, as well as epigraphic. From here, we may infer that magic possessed an undeniable existence for the members of the Frankish society, regardless of gender, age or social status. It was also a troubling problem for ruling elites: lay authorities pursued black magic while ecclesiastical hierarchies condemned it in all its forms, evil and beneficent. All this manifests that the pagan traces had a much more real presence in Merovingian Gaul than many current authors admit.
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Neuheuser, Hanns Peter. "IV. Hildegard von Bingen als Lehrerin des Liturgierechts." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 101, no. 1 (August 1, 2015): 150–76. http://dx.doi.org/10.7767/zrgka-2015-0107.
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Abstract Hildegardis Bingensis teaching liturgical law - Relations between documented visions and normative texts in the middle ages. Texts in the context of subjective experiences of visions on the one hand and norms looking for the highest levels of objectivity on the other hand seem to stand in insuperable opposition. Therefore it may be surprising that Hildegardis Bingensis in the eucharistic tract of her work Sci vias not only describes single elements of rites but also the duties of the priests concerning a correct execution of the rites including potential misunderstandings and abuses. The present contribution categorizes this phenomenon in the theological context and reports comparable sources (Otloh Ratisbonensis/Emmeramensis, Elisabeth Schoenaugiensis) dealing with defects of the administration of the mass and juridical instructions of the ecclesiastical discipline. The result is a new sight of the relation between the theology of the liturgy and the discipline of liturgy in the perspective of the developed liturgical law in the high middle ages.
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Renucci, Florence. "L'exécuteur des sentences criminelles en France au dernier siècle de l'Ancien Régime." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 3-4 (2008): 373–91. http://dx.doi.org/10.1163/157181908x336927.
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Abstract The executioner in France in the last century of the Ancien Régime. – In the eighteenth century, many executioners were granted letters of provision and became officers of the Crown. The value of their office may have been modest, but their earnings were certainly not negligible. One of their sources of income, the droit de havage, was particularly profitable in some cities, although it was eventually reduced as a result of protests from the merchants' communities and through interventions of the local authorities and the central government. Although both legal doctrine and the population at large considered that the office of executioner was tainted by infamy, the latter maintained an ambiguous attitude towards executioners, who were associated with healing powers. In some cases, executioners, confronted with negative prejudices, sought remedies in law in order to protect their honour, freedom and interests.
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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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Vanderlinden, Jacques. "D'une Bonne Lecture des Sources du Droit: Essai D'Histoire Comparée." Journal of African Law 31, no. 1-2 (1987): 29–36. http://dx.doi.org/10.1017/s0021855300009219.
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Si on accepte que la source de droit est le mode de formulation de l'abstraction que constitue le droit, la tentation est grande d'abord de l'ignorer totalement au seul bénéfice de son contenu; le droit lui-même (ou plutôt l'image qu'elle nous en donne). Qu'importe en effet la bouteille; ce qui compte c'est le vin. C'est pourquoi sans doute l'étude des sources du droit est relativement négligée par rapport á celle du droit. A supposer toutefois que l'attention du juriste soit retenue par la source, il est facilement enclin á ne la considérer que dans sa forme (est-elle d'ailleurs autre chose qu'une forme?) comme un objet détaché des éléments justificatifs de sa naissance et, parmi ceux-ci, de son auteur. Existeraient ainsi des coutumes, des lois, des décisions de jurisprudence ou des ouvrages de doctrine, objets matériels reflétant l'alchimie complexe du processus aboutissant au phenomene juridique. Certes la genése de ces objets obéit elle-même á des régies de droit permettant le plus souvent d'en assurer la validité dans un ordre juridiqué déterminé. Nous demeurons ainsi dans le domaine du droit et, frèquemment, l'investigation s'arrête la. L'univers qui sous-tend la source formelle est ignore. Dé meme sont négligés les acteurs de la lutte pour la maîtrise du paysage juridique: le peuple, le prince, le juge ou le savant. Ce sont précisément ces acteurs et ce paysage qui constituent l'essentiel de mon propos. Quant à son cadre géographique, il est forme de l'Afrique non-islamisée contemporaine d'une part, de la France medievale et moderne de l'autre.
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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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Cherekhovich, M. M. "Development of the system of punishments without isolation from society in the Russian criminal law until 1917." Actual Problems of Russian Law, no. 8 (September 20, 2019): 41–46. http://dx.doi.org/10.17803/1994-1471.2019.105.8.041-046.
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The article investigates the process of development of the system of punishments applied without isolation from society in the Russian criminal law during the period from the 9th century till 1917. On the basis of the analysis of the most important written sources of law, the author concludes that deprivation of liberty had not been applied as a type of criminal punishment until the 16th century. The type of punishment under consideration had the features of an ecclesiastical and repentant penalty. The leading role in the system of punishment was assigned to various types of fines, monetary penalties, mutilation (maiming) penalties and death penalty. Sentences alternative to deprivation of liberty were commonly used during the reign of Peter the Great for the purpose of using convicts in state-building facilities. The tendency to punish minor crimes by imposing monetary penalties or public works instead of imprisonment was initiated during the reign of Catherine the Second and was finally outlined by the middle of the 19th century. Until 1917, types of punishment that did not envisaged isolation from society prevailed in the Russian system of criminal penalties.
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Deviatnikovaitė, Ieva. "Selection of Judges for Administrative Courts." Teisė 118 (March 2, 2021): 90–100. http://dx.doi.org/10.15388/teise.2021.118.6.
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Administrative law, unlike civil or criminal law, is not a codified branch of law and it is characterized by a large number of sources of different legal force. Thus, a judge hearing administrative disputes must have particularly deep knowledge of administrative law. The article analyzes the experience of France, Germany, the Czech Republic, Slovakia, Poland, and Lithuania in selecting candidates for judges to work with administrative cases.
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KIDD, COLIN. "CIVIL THEOLOGY AND CHURCH ESTABLISHMENTS IN REVOLUTIONARY AMERICA." Historical Journal 42, no. 4 (December 1999): 1007–26. http://dx.doi.org/10.1017/s0018246x99008778.
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The discourse of America's founding generation, it is now widely recognized, was rich and variegated in its composition, drawing upon the commonwealth tradition, the English common law, Montesquieu, Locke, Scottish moral philosophy, and the classics. These sources yield significant clues as to how eighteenth-century Americans viewed religious liberty and church–state relations, subjects of the First Amendment to the Constitution. Supplementing the work of legal historians on the religious provisions of the early state constitutions, the study of political ideas suggests the parameters of the eighteenth-century debate over the effects which various types of religious belief and ecclesiastical establishment had upon manners and institutions. It also reveals the ideological underpinnings of the apparently inconsistent legal provisions for religion at the state level, and, far from settling the elusive question of ‘original intent’, highlights the nature of the divisions within the founding generation.
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Trivellato, Francesca. "“Amphibious Power”: The Law of Wreck, Maritime Customs, and Sovereignty in Richelieu's France." Law and History Review 33, no. 4 (October 12, 2015): 915–44. http://dx.doi.org/10.1017/s0738248015000437.
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The precise length of territorial waters, the swath of sea along the coast over which a state extended sovereign control, remained an object of debate during the seventeenth century. Some authors still adhered to the 100-mile boundary established by medieval glossators, whereas others embraced the so-called cannon-shot rule that set the limit to the reach of a shot fired from the land. But no one disputed the existence of territorial waters. Even Hugo Grotius (1583–1645), then Europe's greatest champion of the freedom of the sea, followed Roman law in conceding that a state could exert its sovereignty over littoral waters or inlets in a shoreline (diverticula maris). This rare point of agreement between theorists ofmare liberum(the free sea) and defenders ofmare clausum(the closed sea) did not eliminate all controversies concerning the governance of coastal waters. Particularly contentious were domestic and international disputes over the property rights on the cargo of sunken ships. What sources of law governed the assignment of ownership of salvaged wreckages? Who was entitled to compensation for assisting in the recovery efforts? And how did legal claims square with political maneuvering in domestic and interstate disputes over wreckages?
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CAPP, BERNARD. "BIGAMOUS MARRIAGE IN EARLY MODERN ENGLAND." Historical Journal 52, no. 3 (August 4, 2009): 537–56. http://dx.doi.org/10.1017/s0018246x09990021.
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ABSTRACTThough divorce followed by remarriage was illegal in early modern England, a considerable number of people whose marriage had failed or whose spouse had deserted ventured to marry again, either uncertain of the law or choosing to defy it. Bigamy, traditionally a spiritual offence, came to be seen as a significant social problem and was made a felony in 1604. Drawing on ecclesiastical and secular court records and a variety of other sources, this article examines the legal framework, offers a typology of bigamists, and explores the circumstances surrounding their actions. It finds that offenders, predominantly male, ranged from the unlucky or feckless to the cynically manipulative, among them a small number of serial bigamists. It also asks how such offences might come to light in an age of relatively poor communications, and examines the plight of those who had married a bigamist in good faith. Finally it examines the likelihood of conviction, and the punishment of those who confessed or were convicted.
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Mosquera, Susana. "Fuentes y principios del derecho eclesiástico peruano." Vox juris 36, no. 2 (July 31, 2018): 59–76. http://dx.doi.org/10.24265/voxjuris.2018.v36n2.05.
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Olszynko-Gryn, Jesse, and Caroline Rusterholz. "Reproductive Politics in Twentieth-Century France and Britain." Medical History 63, no. 2 (March 26, 2019): 117–33. http://dx.doi.org/10.1017/mdh.2019.1.
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This special issue adopts a comparative approach to the politics of reproduction in twentieth-century France and Britain. The articles investigate the flow of information, practices and tools across national boundaries and between groups of experts, activists and laypeople. Empirically grounded in medical, news media and feminist sources, as well as ethnographic fieldwork, they reveal the practical similarities that existed between countries with officially different political regimes as well as local differences within the two countries. Taken as a whole, the special issue shows that the border between France and Britain was more porous than is typically apparent from nationally-focused studies: ideas, people and devices travelled in both directions; communication strategies were always able to evade the rule of law; contraceptive practices were surprisingly similar in both countries; and religion loomed large in debates on both sides of the channel.
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Barducci, Marco. "The Anglo-Dutch Context for the Writing and Reception of Hugo Grotius’s De Imperio Summarum Potestatum Circa Sacra, 1617-1659." Grotiana 34, no. 1 (2013): 138–61. http://dx.doi.org/10.1163/18760759-03400011.
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As an illustration of the complexity of Anglo-Dutch intellectual connections in the seventeenth century, this essay focuses on the transnational context for the writing and reception of Grotius’s De imperio summarum potestatum circa sacra. DI was composed by Grotius during the dispute between Remonstrants and Contra-Remonstrants, but it was addressed not solely to a Dutch audience, but also to an English one. DI was intended by Grotius and by his patron Oldenbarnevelt to win the favour of James I to the cause of the Remonstrants in the context of their struggle against the orthodox Calvinists, the Contra-Remonstrants. Grotius praised the control of James I over the state church, and expressed his admiration for the hierarchical organisation of Anglican episcopacy. In doing so, he expressly took the English civil and ecclesiastical government of James I as a blueprint for the solution of the Dutch religious troubles. This article argues that despite of Grotius’s attempt to gain the approval of James I’s entourage before sending DI to press, DI was criticized both by his English interlocutors and, consistently throughout the century, by English Anglican-Royalist readers. The first part of this article will sketch the Anglo-Dutch cultural and political context which formed the background of DI. Secondly, it will examine the English sources of this work and how Grotius bent them to his and Oldenbarnevelt’s internal and foreign policy. Finally, it will offer some brief considerations concerning the controversial reception of DI in mid-seventeenth century England with a special focus on the Anglican tradition.
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Котов, Сергей, and Sergey Kokotov. "Sources of law of the British colony Quebec in the last third of the XVIII century: the problem of choice." Services in Russia and abroad 9, no. 1 (June 25, 2015): 121–33. http://dx.doi.org/10.12737/11715.
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A distinctive feature of modern Canada is the dualism of its legal system. This means that in the country there are two systems of law - continental (Roman-German) and Anglo-Saxon (precedent). Each of these systems differ in their approaches to the understanding of law and justice implementation. However, the main difference is due to the fact that each of these systems relies on its own sources of law. If the basis of the criminal and private law in general, and the federation of nine provinces in particular is common (case) law of England, in the province of Quebec are used English (basically) criminal law and French civil law in its origin.
Historically, this was due to the fact that at the time of the conquest of the colony of New France (now Quebec) in the XVIII century it had a relatively developed legal system, including the system of administration of justice. At the heart of the local sources of law were kutyums of Paris, supplementing ordinances of the French kings. Inclusion of New France in the possession of the English Crown was for the new authorities a precedent - the first time in the history of the British colonial empire it acquired a part of the territory with a Christian population and European law.
In fact, the British colonial authorities had to make a choice, which was to determine the vector of further legal development of not only the newly conquered colony, but the whole of British North America. According to the rules of English case law the medieval English monarch (as sovereign) could either admit the law to of its new ownershipin force at the time of the conquest, or introduce there English law in force at the time. In view of the prevailing circumstances of the specific historical issue of the replacement of French law (including sources and the administration of justice) in English it turned out to be extremely difficult from the socio-political and a formal legal point of view.
This article analyzes the problems encountered during the initial stage of the legal system of the British colony of Quebec and, in particular, of the sources of its territorial law.
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Kimble, Sara L. "Of “Masculine Tyranny” and the “Women's Jury”: The Gender Politics of Jury Service in Third Republic France." Law and History Review 37, no. 4 (September 24, 2019): 867–902. http://dx.doi.org/10.1017/s0738248019000324.
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In belle époque France, criminal juries were criticized as too tolerant of crime and too lenient to effectively punish criminals. While the French institution of the jury was under attack by magistrates and other elites, mixed sex juries provided an alternative model. Jury reformers advocated the introduction of mixed-sex criminal juries in France in order to render better verdicts and reduce crime, especially in the areas of infanticide and abortion. The French National Assembly debates over proposed legislation, however, stalled over political concerns with women's truncated citizenship rights. Historical analysis of the types of arguments deployed in this jury reform debate (including archival documents, parliamentary records, and press sources) reveals that reform proponents argued that gender difference-especially in terms of morality and psychology-justified women's admission to juries, particularly in cases of infanticide and abortion. The operation of an unofficial “women's jury” (jury féminin) between 1905 and 1910 in Paris demonstrated women's judicial decision-making capacity. Analysis of this citizens' jury documents the development of a feminist critique of the legal treatment of domestic violence, reproductive freedom, and marriage law publicized in the early twentieth century. This research contribution posits grounds for the re-periodization of feminist legal history as viewed through this case study of women's claims to jury service in Third Republic France.
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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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Loshkareva, Maria E. "Excommunicated Princes in Medieval Wales." Vestnik Tomskogo gosudarstvennogo universiteta, no. 464 (2021): 127–33. http://dx.doi.org/10.17223/15617793/464/15.
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Excommunication as a punishment for violating church rules on marriage and family relations was repeatedly imposed on members of Welsh dynasties during the 12th century. The aim of the research is to define the true reasons of such strict measures by means of analyzing historical sources: Welsh and English chronicles, including the Chronicle of the Princes, Annales Monastici, the corpus of Welsh native law texts known as the Law of Hywel Dda, the Historical Works of Gerald of Wales, some legal acts and official correspondence concerning Wales, including Thomas Becket’s letters. The Welsh native law was considered as a “barbarian” one by the Church. Undoubtedly, Welsh native customs contradicted canon law to some extent, allowing marriages between relatives, permitting divorces without reference to ecclesiastical procedures, and tolerating extramarital relationship. Incest marriages between members of major Welsh dynasties were a widespread phenomenon in Wales till the 13th century. Such marriages seemed to be an inevitable part of creating native political alliances in the face of danger from the Norman invaders. Welsh dynasties were often closely interrelated through marriages, but far not always this fact drew attention of the church. Owain Gwynedd and the Lord Rhys, who are believed to be the most powerful Welsh leaders of the 12th century, were both married to their first cousins. Owain Gwynedd was excommunicated for refusal to have his marriage annulled on the grounds of consanguinity. Meanwhile, the same circumstances of the Lord Rhys’ marriage went unnoticed. It must be taken into account that Owain Gwynedd’s canonically unacceptable marriage became a subject of the Pope’s attention only when the question of the Bishop of Bangor’s election and subsequent conflict with the Archbishop of Canterbury, Thomas Becket, erupted. The Lord Rhys suffered the penalty of anathema just before his death not because of his scandalous marriage or immoral relationship but on account of disrespectful treatment of the Bishop of St. David’s, Peter de Leia. Obviously, conflicts between the Welsh rulers and the Anglo-Norman senior clergy as an essential part of Anglo-Welsh confrontation were the underlying reasons for such measures as excommunication. It is noteworthy that both of the aforementioned great Welsh princes were buried with due honor in the consecrated land despite the fact of excommunication, which demonstrated that the Welsh native clergy were loyal to their Welsh patrons rather than to the supreme ecclesiastical authorities.
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Wade, Janet. "'Lock up your valuables': Perceptions of sailors and sea-merchants in port cities of late antiquity and early Byzantium." Journal of the Australian Early Medieval Association 10 (2014): 47–75. http://dx.doi.org/10.35253/jaema.2014.1.3.
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The ongoing presence of sailors and sea-merchants in the major port cities of the late antique and early Byzantine periods made them an important and influential subculture. This paper looks at the range of perceptions of the maritime community that exist in late Roman and early Byzantine sources. Various secular and ecclesiastical attitudes are discussed and compared with relevant sections of the civil and maritime law codes. When sailors, sea-merchants, and other mariners are mentioned by their contemporaries, they are more often than not portrayed in an unfavourable light. The legislation suggests that the negative perception of these men does have some basis in reality, yet the traditional view of these men as unsavoury and dishonest characters needs to be questioned. This paper asks why the ancient sources perceived sailors and sea-merchants in the way that they did. It discusses the social stigma attached to these men, the potential moral threat that they posed, their superstitious nature, and their socially disruptive and subversive behaviour. This paper highlights the reasons why modern scholars have tended to overlook the presence of the maritime community and their sociological importance in major port cities of this period. It argues that the maritime crowd had an integral role in the shaping of the economy, society, and even the church during this period.
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Michalon, Barthélémy, and Benjamin Puybareau. "Secret d’État et secret des sources : comment des journalistes enquêtent-ils sur le renseignement en France ?" Cultures & conflits, no. 114-115 (December 20, 2019): 227–62. http://dx.doi.org/10.4000/conflits.21231.
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Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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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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Ottaviano, Cristiana. "An attack called defence: the communication strategy of ‘gender opponents’ in Italy." Research on Education and Media 9, no. 2 (December 1, 2017): 3–9. http://dx.doi.org/10.1515/rem-2017-0008.
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Abstract ‘Gender Ideology’ (‘GI’), as an expression, appeared at the beginning of this century within documents of the Catholic Church with the aim of delegitimising what had been produced in the field of Gender Studies. That intent was strongly clarified, being coincident with the discussion in France about the law on equal marriage, during the protests of Manif pour Tous. Likewise, in Italy, oppositions to draft laws about homophobia and civil unions generated movements unified by the denouncing of ‘GI’. This essay presents research conducted between 2014 and 2017 about online materials of some Italian associations that are positioned as ‘GI opponents’. The content analysis underlines the use of a violent communication style that aims to create alarm and panic regarding presumed ‘gender drifts’ within social and educational contexts. This operation reveals the attempt to reaffirm an anthropological vision of sexuality based on the hierarchical–complementary relationship between male and female. The analysis highlights the risk of a sort of ‘Silence Spiral’, where – in the face of a noisy and violent minority – numerous and various voices disappear. These voices differentiate and invoke the urgency of a deeper debate about the concept of gender and its implications within educational, social and ecclesiastical contexts.
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Bignon, Vincent, and Marc Flandreau. "The Economics of Badmouthing: Libel Law and the Underworld of the Financial Press in France Before World War I." Journal of Economic History 71, no. 3 (September 13, 2011): 616–53. http://dx.doi.org/10.1017/s0022050711001860.
Full textAbstract:
This article analyzes the economics of “badmouthing” in the context of the pre-1914 French capital market. We argue that badmouthing was a means through which racketeering journals sought to secure property rights over issuers' reputation. We provide a theoretical study of the market setup that emerged to deal with such problems, and we test our predictions using new evidence from contemporary sources.“A newspaper that wishes to make its fortune should never waste its columns and weary its readers by praising anything. Eulogy is invariably dull—a fact that Mr. Alf had discovered and utilized.”A. Trollope, The Way We Live Now, 1875“And did you threaten him with the newspapers?”H. de Balzac, La maison Nucingen, 1837