Gratian And The Schools Of Law 1140 1234 Cs185

The Use of Canon Law in Ecclesiastical Administration, 1000–1234 integrates the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice.

Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian's Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence.

This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.

The essays in this volume in honour of Martin Brett address issues relating to the compilation and transmission of canon law collections, the role of bishops in their dissemination, as well as the interpretation and use of law in the eleventh and twelfth centuries. The studies are grouped thematically under the headings 'Bishops and Their Texts', and 'Texts and the Use of Canon Law'. These reflect important areas of contention in the historiographical literature and hence will further the debates regarding not simply the compilation and dissemination of canonical collections in the earlier middle ages, but also the development of the practical application of canon law within Europe, especially after c.1080. Individually, the contributors offer new viewpoints on key issues and questions relating to the creation of canonical texts, their transmission and use on both sides of the English Channel in the decades either side of the year 1100. Collectively, the essays explore the methods and motives of compilers, assess the use of law, find readers both in the compilation of texts and within their margins, and - perhaps most importantly - speculate where possible about the living communities in which these texts were compiled, copied and used.

This anthology offers a selection of key prefaces to ecclesiastical law collections from late antiquity to the mid-13th century, during which time the Western church was wrestling with the complexities and ambiguities of its legal traditions.

This work is a guide to the life, thought and activities of Nicholas of Cusa (1401-1464), the great fifteenth-century philosopher, theologian, jurist, author of mystical and ecclesiastical treatises, cardinal and reformer. It is intended not only for advanced scholars, but also for beginners and those simply curious about a man who has been called 'one of the greatest Germans of the fifteenth century' and a 'medieval thinker for the modern age'. The book provides a series of detailed but readable essays on ideas, persons, and places, a work developed over the course of nearly three decades. First, it contains articles on the important events and concepts that affected Cusanus--philosophical, religious, intellectual and political. Then it turns to his precursors and contemporaries, both friendly and critical. These include philosophers, theologians, politicians, and canon lawyers. And third, the book follows the footsteps of the man from Kues and examines various sites where he lived, studied, or visited. Because the author has also visited many of these sites, he can contribute personal observations to enliven the journey. To add to the book's usefulness as a resource and reference tool, each entry is followed by a bibliography containing both recent and older works. The purpose of the volume is to gain a greater appreciation of Cusanus and his legacy by striving for a total view of his thought and experience instead of narrowly focusing on specific philosophical, theological or intellectual ideas, or certain periods of his activities in isolation from other facets of this compelling figure.

Professor Somerville deals here with the history of Latin Christianity at a crucial time - the century of the Gregorian reform movement and of the Investiture conflict between the papacy and the empire. The articles are concerned with the policies of the popes, as expressed in their letters and the canons of the councils they summoned, and with the impact on the life and laws of the Church. Conciliar history, indeed, forms the main focus of the volume, and the author's aim has been to subject the relevant texts and manuscripts to detailed scrutiny in order to determine their veracity and chronology. In so doing he also demolishes some of the pseudo-historical problems that have arisen from an uncritical reliance upon early printed editions. This investigation of the texts is of evident importance for the study of canon law, but it also shows how they can serve as valuable sources for the history of the Western Middle Ages, revealing much about life in the period, as well as about papal politics. Le professeur Sommerville traite ici de la chrétiénte latine au coeurs de la période cruciale que fut le siècle du movement de réforme grégorien et du conflit d’investiture entre la papauté et l’empire. Ces études se préoccupent de la politique des papes, telle qu’on peut la voir exprimée au travers de leurs lettres et de canons issus des conciles qu’ils réunissaient. Elles s’intéressent aussi à leur influence sur la vie et les lois d’Eglise. L’histoire conciliare forme, en effet, la plus grande part de ce receuil et l’auteur s’y propose de soumettre textes et manuscrits appropriés à une étude détaillée, afin d’en déterminer la véracité et la chronologie. Ce faisant, il élimine aussi un certain nombre de problèmes pseudo-historiques, subvenus en raison de la trop confiance accordée aux editions anciennes. Cette enquête menée sur les textes est, de toute évidence, d’une grande importance en ce qui concerne l’étude du droit