Nils Jansen
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199696802
- eISBN:
- 9780191732065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696802.003.0002
- Subject:
- Law, Company and Commercial Law
This chapter demonstrates the over-complexity of the law relating to testamentary formalities in early modern law. The discussion is based on the characteristic interplay between Roman law, Canon ...
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This chapter demonstrates the over-complexity of the law relating to testamentary formalities in early modern law. The discussion is based on the characteristic interplay between Roman law, Canon law, and local law. It covers wills and codicils, the forms of wills, and internal formalities.Less
This chapter demonstrates the over-complexity of the law relating to testamentary formalities in early modern law. The discussion is based on the characteristic interplay between Roman law, Canon law, and local law. It covers wills and codicils, the forms of wills, and internal formalities.
Caroline Humfress
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780198208419
- eISBN:
- 9780191716966
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208419.001.0001
- Subject:
- History, European Medieval History
This book approaches the subject of late Roman law from the perspective of legal practice revealed in courtroom processes, as well as more ‘informal’ types of dispute settlement. From at least the ...
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This book approaches the subject of late Roman law from the perspective of legal practice revealed in courtroom processes, as well as more ‘informal’ types of dispute settlement. From at least the early 4th century, leading bishops, ecclesiastics, and Christian polemicists participated in a vibrant culture of forensic argument with far-reaching effects on theological debate, the development of ecclesiastical authority, and the elaboration of early ‘Canon law’. One of the most innovative aspects of late Roman law was the creation and application of new legal categories used in the prosecution of ‘heretics’. Leading Christian polemicists not only used techniques of argument learnt in the late Roman rhetorical schools to help position the Church within the structure of Empire, they also used those techniques in cases involving accusations against ‘heretics’ — thus defining and developing the concept of Christian orthodoxy itself.Less
This book approaches the subject of late Roman law from the perspective of legal practice revealed in courtroom processes, as well as more ‘informal’ types of dispute settlement. From at least the early 4th century, leading bishops, ecclesiastics, and Christian polemicists participated in a vibrant culture of forensic argument with far-reaching effects on theological debate, the development of ecclesiastical authority, and the elaboration of early ‘Canon law’. One of the most innovative aspects of late Roman law was the creation and application of new legal categories used in the prosecution of ‘heretics’. Leading Christian polemicists not only used techniques of argument learnt in the late Roman rhetorical schools to help position the Church within the structure of Empire, they also used those techniques in cases involving accusations against ‘heretics’ — thus defining and developing the concept of Christian orthodoxy itself.
John W Cairns
- Published in print:
- 2015
- Published Online:
- January 2018
- ISBN:
- 9780748682096
- eISBN:
- 9781474415989
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748682096.003.0003
- Subject:
- Law, Legal History
This chapter analyzes the changing nature of the references to sources in Scotland in the 100 years or so after the founding of the College of Justice. It traces a decline in the overt reliance on ...
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This chapter analyzes the changing nature of the references to sources in Scotland in the 100 years or so after the founding of the College of Justice. It traces a decline in the overt reliance on Canon law through examination of the sources cited in the Jus feudale of Thomas Craig, written around 1600, and the Practicks of Sir Robert Spottiswoode, collected from the 1620s to the 1640s. It shows the continued significance of Canon law, but a failure to cite it by Spottiswoode, other than in his reliance on it for procedural issues. While Sinclair’s Practicks demonstrate that Scotland had a typical mix of ius commune (Canon and Civil laws) and ius proprium (Scots customs and statutes), Craig and Spottiswoode’s works suggest that in the intervening period there had been a subtle change out of which emerged a competing understanding of the nature of Scots law, located within the structure of the law of nature and nations in a Europe of developing nation states with imperial ambitions.Less
This chapter analyzes the changing nature of the references to sources in Scotland in the 100 years or so after the founding of the College of Justice. It traces a decline in the overt reliance on Canon law through examination of the sources cited in the Jus feudale of Thomas Craig, written around 1600, and the Practicks of Sir Robert Spottiswoode, collected from the 1620s to the 1640s. It shows the continued significance of Canon law, but a failure to cite it by Spottiswoode, other than in his reliance on it for procedural issues. While Sinclair’s Practicks demonstrate that Scotland had a typical mix of ius commune (Canon and Civil laws) and ius proprium (Scots customs and statutes), Craig and Spottiswoode’s works suggest that in the intervening period there had been a subtle change out of which emerged a competing understanding of the nature of Scots law, located within the structure of the law of nature and nations in a Europe of developing nation states with imperial ambitions.
William M Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.003.0023
- Subject:
- Law, Legal History
Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common ...
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Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common law took its own path in terms of legal terminology, legal training and ideas. However the Canon law and through it Roman law was important in Chancery and other specialised jurisdictions in England and when treatise literature developed there is Roman influence especially through Pothier. English law is therefore not as completely isolated from the Civilian tradition as is often suggested by concentrating on the work of the Common lawyers and their desire to claim independence of that tradition.Less
Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common law took its own path in terms of legal terminology, legal training and ideas. However the Canon law and through it Roman law was important in Chancery and other specialised jurisdictions in England and when treatise literature developed there is Roman influence especially through Pothier. English law is therefore not as completely isolated from the Civilian tradition as is often suggested by concentrating on the work of the Common lawyers and their desire to claim independence of that tradition.
William M Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.003.0024
- Subject:
- Law, Legal History
This article examines three issues – the distinction between Roman law and the Civil law derived from it; reception of legal systems and the place of Roman and Civil law in Scottish legal education. ...
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This article examines three issues – the distinction between Roman law and the Civil law derived from it; reception of legal systems and the place of Roman and Civil law in Scottish legal education. The first important distinction is frequently overlooked, leading to misunderstanding of the extent to which ideas were developed out of the Roman texts, for example, the foundations of private international law, and ignorance of the complexity of the history of the Civil law and its potential influence. Reception of a legal system need not mean full acceptance of it and Scotland drew upon the Civil law rather than adopting it and also drew on the Canon law which brought the first connection with the Civil law. The reduction in the teaching of Roman law and hence understanding of it reduces the scope for its continuing influence but also is a loss to legal education by reducing exposure to the thinking of great lawyers.Less
This article examines three issues – the distinction between Roman law and the Civil law derived from it; reception of legal systems and the place of Roman and Civil law in Scottish legal education. The first important distinction is frequently overlooked, leading to misunderstanding of the extent to which ideas were developed out of the Roman texts, for example, the foundations of private international law, and ignorance of the complexity of the history of the Civil law and its potential influence. Reception of a legal system need not mean full acceptance of it and Scotland drew upon the Civil law rather than adopting it and also drew on the Canon law which brought the first connection with the Civil law. The reduction in the teaching of Roman law and hence understanding of it reduces the scope for its continuing influence but also is a loss to legal education by reducing exposure to the thinking of great lawyers.
William Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.001.0001
- Subject:
- Law, Legal History
A collection of articles on themes of Roman law, Scots law and legal history arranged in five groups. The first deals with problems in the Roman law of property and obligations, including three ...
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A collection of articles on themes of Roman law, Scots law and legal history arranged in five groups. The first deals with problems in the Roman law of property and obligations, including three articles on transfer by delivery or traditio and others on the controversial date of the lex Aquilia, depositum irregulare, the actio de posito and agency in Roman law. The second ranges over medieval interpretations of Roman texts and their application, producing surprising results, the use or apparent use of Roman law in a particular case and the way in which Roman law has been followed but adapted in relation to servitudes, quasi-delicts and risk in sale, where it has been followed not entirely appropriately in sale of land. The third group takes up a variety of issues in Scottish legal history – discrimination against women, the important law commission chaired by George Joseph Bell and the curious history of the law on variation and discharge of land obligations, Stair’s use of Grotius and other sources and early legal records, including the Registrum referred to in Balfour’s Practicks. The fourth group deals with the general influence of the Civil and Canon law on the law both of England and Scotland and with the influence partly transmitted by French writers. The final group looks at Scotland as a mixed jurisdiction, the Europeanisation of law and the force and limits of legal tradition. The book concludes with a list of the author’s publications up to 2004.Less
A collection of articles on themes of Roman law, Scots law and legal history arranged in five groups. The first deals with problems in the Roman law of property and obligations, including three articles on transfer by delivery or traditio and others on the controversial date of the lex Aquilia, depositum irregulare, the actio de posito and agency in Roman law. The second ranges over medieval interpretations of Roman texts and their application, producing surprising results, the use or apparent use of Roman law in a particular case and the way in which Roman law has been followed but adapted in relation to servitudes, quasi-delicts and risk in sale, where it has been followed not entirely appropriately in sale of land. The third group takes up a variety of issues in Scottish legal history – discrimination against women, the important law commission chaired by George Joseph Bell and the curious history of the law on variation and discharge of land obligations, Stair’s use of Grotius and other sources and early legal records, including the Registrum referred to in Balfour’s Practicks. The fourth group deals with the general influence of the Civil and Canon law on the law both of England and Scotland and with the influence partly transmitted by French writers. The final group looks at Scotland as a mixed jurisdiction, the Europeanisation of law and the force and limits of legal tradition. The book concludes with a list of the author’s publications up to 2004.
John P. Beal
- Published in print:
- 2011
- Published Online:
- March 2015
- ISBN:
- 9780199778775
- eISBN:
- 9780190258306
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199778775.003.0006
- Subject:
- Religion, History of Christianity
This chapter examines the intricacies of the Catholic Church's canon law. It first provides an overview of the Code of Canon Law and the criticisms hurled against it before turning to a discussion of ...
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This chapter examines the intricacies of the Catholic Church's canon law. It first provides an overview of the Code of Canon Law and the criticisms hurled against it before turning to a discussion of the discomfort of many contemporary Catholics when confronted with canon law. It then explores the social imaginary in which canon law is embedded, with particular emphasis on hierarchical order, the priority of community over individuals, the priority of “the Right” over rights, and structured inequality within the church. It also looks at benevolent despotism, the issue of of substantive vs. formal rationality, and paternalistic administration.Less
This chapter examines the intricacies of the Catholic Church's canon law. It first provides an overview of the Code of Canon Law and the criticisms hurled against it before turning to a discussion of the discomfort of many contemporary Catholics when confronted with canon law. It then explores the social imaginary in which canon law is embedded, with particular emphasis on hierarchical order, the priority of community over individuals, the priority of “the Right” over rights, and structured inequality within the church. It also looks at benevolent despotism, the issue of of substantive vs. formal rationality, and paternalistic administration.
John Hudson
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206880
- eISBN:
- 9780191677359
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206880.003.0008
- Subject:
- History, British and Irish Medieval History
This chapter considers the background of Canon Law and of political circumstances, and analyses three connected ways of enforcing these obligations: alienation of church lands might be totally ...
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This chapter considers the background of Canon Law and of political circumstances, and analyses three connected ways of enforcing these obligations: alienation of church lands might be totally prohibited; the church's lands might be divided between prelate and chapter, with each fully controlling their own share; or alienation might only be permitted with consent from the chapter. It then discusses the connected issue of royal control of alienation of church lands. Finally it discusses about church land-holding, and notably emphasizes on the Church's lasting control of land and the close control exercised by the king, who played an essential role in wider developments affecting land-holding and law.Less
This chapter considers the background of Canon Law and of political circumstances, and analyses three connected ways of enforcing these obligations: alienation of church lands might be totally prohibited; the church's lands might be divided between prelate and chapter, with each fully controlling their own share; or alienation might only be permitted with consent from the chapter. It then discusses the connected issue of royal control of alienation of church lands. Finally it discusses about church land-holding, and notably emphasizes on the Church's lasting control of land and the close control exercised by the king, who played an essential role in wider developments affecting land-holding and law.
Thomas M. Green
- Published in print:
- 2019
- Published Online:
- October 2019
- ISBN:
- 9780198759331
- eISBN:
- 9780191819889
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198759331.003.0023
- Subject:
- Religion, History of Christianity, Theology
This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland ...
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This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which these two distinct histories intersected in respect of marriage law and the law of incest are considered. The interaction of theology and jurisprudence among the writings of Scotland’s earliest legal writers and earliest institutional writers is also considered, including the influence of Calvinism on criminal law, and of scholastic moral theology on Scots private law.Less
This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which these two distinct histories intersected in respect of marriage law and the law of incest are considered. The interaction of theology and jurisprudence among the writings of Scotland’s earliest legal writers and earliest institutional writers is also considered, including the influence of Calvinism on criminal law, and of scholastic moral theology on Scots private law.
Stefan K. Stantchev
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780198704096
- eISBN:
- 9780191773259
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198704096.003.0003
- Subject:
- History, History of Religion, Cultural History
Chapters 2 and 3 discuss the formation of embargo as a policy and a discourse in 1179–1250s against multiple backgrounds: development of continental common law, emergence of the penitential forum, ...
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Chapters 2 and 3 discuss the formation of embargo as a policy and a discourse in 1179–1250s against multiple backgrounds: development of continental common law, emergence of the penitential forum, and papal policies on Christians’ relations with others. Chapter 2 explains the legal structure of the embargo aimed at Muslims and exposes the hierarchy of papal concerns it reflected. The establishment of a degree of papal jurisdiction over Christians’s trade with Muslims was an issue of ‘proper order’ within Christendom inherently intertwined with the pastoral concern with the control over—and the salvation of souls. Second came a concern with the sustenance of Christian communities interwoven with the papacy’s need to accommodate their interests. The effect that Christian trade could have on Muslim military power thus yielded to ‘domestic’ concerns. Given the conceptual and empirical challenges involved, categorical positions on the embargo’s impact on trade flows are not sustainable.Less
Chapters 2 and 3 discuss the formation of embargo as a policy and a discourse in 1179–1250s against multiple backgrounds: development of continental common law, emergence of the penitential forum, and papal policies on Christians’ relations with others. Chapter 2 explains the legal structure of the embargo aimed at Muslims and exposes the hierarchy of papal concerns it reflected. The establishment of a degree of papal jurisdiction over Christians’s trade with Muslims was an issue of ‘proper order’ within Christendom inherently intertwined with the pastoral concern with the control over—and the salvation of souls. Second came a concern with the sustenance of Christian communities interwoven with the papacy’s need to accommodate their interests. The effect that Christian trade could have on Muslim military power thus yielded to ‘domestic’ concerns. Given the conceptual and empirical challenges involved, categorical positions on the embargo’s impact on trade flows are not sustainable.
Victor M. Uribe-Uran
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804794633
- eISBN:
- 9780804796316
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804794633.003.0005
- Subject:
- History, Latin American History
Examines legal mechanisms whereby the Catholic church sheltered spousal murderers and other criminals and the King acted as God’s proxy to extend pardon to criminals during the Catholic Holy Week. It ...
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Examines legal mechanisms whereby the Catholic church sheltered spousal murderers and other criminals and the King acted as God’s proxy to extend pardon to criminals during the Catholic Holy Week. It also shows the central role of the church in the alleviation of punishment and the accompaniment of those marching to the gallows. It establishes that forgiveness was thus also critical to the legitimacy of the Church and its hegemony, both a complementary and competing force relative to the monarchy.Less
Examines legal mechanisms whereby the Catholic church sheltered spousal murderers and other criminals and the King acted as God’s proxy to extend pardon to criminals during the Catholic Holy Week. It also shows the central role of the church in the alleviation of punishment and the accompaniment of those marching to the gallows. It establishes that forgiveness was thus also critical to the legitimacy of the Church and its hegemony, both a complementary and competing force relative to the monarchy.
Kriston R. Rennie
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781526127723
- eISBN:
- 9781526138736
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526127723.003.0006
- Subject:
- History, European Medieval History
The law of monastic exemption is seldom viewed through an early medieval lens. Overcoming this historiographical problem, this chapter defines the character and growth of monastic exemption in a ...
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The law of monastic exemption is seldom viewed through an early medieval lens. Overcoming this historiographical problem, this chapter defines the character and growth of monastic exemption in a period comparatively lacking in legal expression and rhetoric. It examines how it operated, how it was defined, and what it meant to contemporaries. In what ways did its early practice shape later canon law? What were the precedents which framed later legal developments? To advance our understanding further, the technical form of exemption is stripped down to its constitutive elements. This methodological approach offers a richer understanding of monastic exemption in the early Middle Ages, in turn revealing its inherent value to the papacy in making concessions to the law over many subsequent centuries.Less
The law of monastic exemption is seldom viewed through an early medieval lens. Overcoming this historiographical problem, this chapter defines the character and growth of monastic exemption in a period comparatively lacking in legal expression and rhetoric. It examines how it operated, how it was defined, and what it meant to contemporaries. In what ways did its early practice shape later canon law? What were the precedents which framed later legal developments? To advance our understanding further, the technical form of exemption is stripped down to its constitutive elements. This methodological approach offers a richer understanding of monastic exemption in the early Middle Ages, in turn revealing its inherent value to the papacy in making concessions to the law over many subsequent centuries.
John Pollard
- Published in print:
- 2014
- Published Online:
- December 2014
- ISBN:
- 9780199208562
- eISBN:
- 9780191785580
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199208562.003.0003
- Subject:
- Religion, Religious Studies, Church History
This chapter examines the Holy See’s critical response to the Versailles Peace Settlement of 1919 and to the subsequent territorial rearrangement of Europe. It also analyses in detail Benedict and ...
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This chapter examines the Holy See’s critical response to the Versailles Peace Settlement of 1919 and to the subsequent territorial rearrangement of Europe. It also analyses in detail Benedict and Gasparri’s relations with the powers in the post-war world, especially Britain, France, Germany and Italy, the USA and the USSR, and the so-called ‘successor states’. In this chapter the Vatican’s first responses to the persecution of the Church in Mexico and Russia are described. It then focuses on Benedict’s role as head of the Church, particularly his promulgation of the Code of Canon Law and continuation of the reform of the Roman curia. Especially interesting are the initiatives which he took in relation to the Eastern churches, both those in communion with Rome and those not, and his landmark encyclical on the missions, Maximum Illud. It concludes with an assessment of Benedict’s place in the history of the papacy.Less
This chapter examines the Holy See’s critical response to the Versailles Peace Settlement of 1919 and to the subsequent territorial rearrangement of Europe. It also analyses in detail Benedict and Gasparri’s relations with the powers in the post-war world, especially Britain, France, Germany and Italy, the USA and the USSR, and the so-called ‘successor states’. In this chapter the Vatican’s first responses to the persecution of the Church in Mexico and Russia are described. It then focuses on Benedict’s role as head of the Church, particularly his promulgation of the Code of Canon Law and continuation of the reform of the Roman curia. Especially interesting are the initiatives which he took in relation to the Eastern churches, both those in communion with Rome and those not, and his landmark encyclical on the missions, Maximum Illud. It concludes with an assessment of Benedict’s place in the history of the papacy.
Thomas A. Fudge
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199988082
- eISBN:
- 9780199346288
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199988082.003.0003
- Subject:
- Religion, History of Christianity
Chapter three builds on the disturbing composite portrait of the heretic linking that social fear with the rise and development of anti-heresy legislation, legal procedure and policies of repression ...
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Chapter three builds on the disturbing composite portrait of the heretic linking that social fear with the rise and development of anti-heresy legislation, legal procedure and policies of repression aimed at controlling and eliminating the perceived threat. Heresy is therefore applied criminology. This chapter sketches out the nature of the ordojuris of criminal procedure which was the guiding principle of the Hus trial. One cannot adjudicate the fairness, legality or any other question about the trial by engaging in anachronistic assumptions and therefore a clear understanding of prevailing legal norms at the end of the Middle Ages is indispensable. In addition to the ordojuris, there are a number of relevant statutes and practices pertaining to heresy trials in the medieval period. These are placed into context. This chapter outlines the legal theory behind the repression of heresy.Less
Chapter three builds on the disturbing composite portrait of the heretic linking that social fear with the rise and development of anti-heresy legislation, legal procedure and policies of repression aimed at controlling and eliminating the perceived threat. Heresy is therefore applied criminology. This chapter sketches out the nature of the ordojuris of criminal procedure which was the guiding principle of the Hus trial. One cannot adjudicate the fairness, legality or any other question about the trial by engaging in anachronistic assumptions and therefore a clear understanding of prevailing legal norms at the end of the Middle Ages is indispensable. In addition to the ordojuris, there are a number of relevant statutes and practices pertaining to heresy trials in the medieval period. These are placed into context. This chapter outlines the legal theory behind the repression of heresy.
M. T. G. Humphreys
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780198701576
- eISBN:
- 9780191771385
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198701576.003.0002
- Subject:
- Classical Studies, European History: BCE to 500CE
Chapter 1 explores the Council in Trullo, the foundation stone of Eastern Orthodox canon law. This was the centre-piece of Justinian II’s attempts to morally reform the empire in anticipation of a ...
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Chapter 1 explores the Council in Trullo, the foundation stone of Eastern Orthodox canon law. This was the centre-piece of Justinian II’s attempts to morally reform the empire in anticipation of a divinely sanctioned reconquest of the Near East. Extending the work of his father Constantine IV, Justinian sought to repackage imperial ideology along stridently Christocentric lines, positioning himself as Christ's vicegerent on earth and the leader of the Christian community. Moreover, Justinian sought to unite the Christian world behind a campaign of moral reformation, a campaign announced and enforced through the canons issued at Trullo. However, subsequent defeat to the Arabs would discredit this package designed to win divine favour, and laid the foundation for the reforms of the eighth century.Less
Chapter 1 explores the Council in Trullo, the foundation stone of Eastern Orthodox canon law. This was the centre-piece of Justinian II’s attempts to morally reform the empire in anticipation of a divinely sanctioned reconquest of the Near East. Extending the work of his father Constantine IV, Justinian sought to repackage imperial ideology along stridently Christocentric lines, positioning himself as Christ's vicegerent on earth and the leader of the Christian community. Moreover, Justinian sought to unite the Christian world behind a campaign of moral reformation, a campaign announced and enforced through the canons issued at Trullo. However, subsequent defeat to the Arabs would discredit this package designed to win divine favour, and laid the foundation for the reforms of the eighth century.
Felice Lifshitz
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780823256877
- eISBN:
- 9780823261420
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823256877.003.0001
- Subject:
- Religion, Early Christian Studies
This chapter examines gender relations in the Main Valley, primarily among ecclesiastics and secondarily among the laity, and traces how they became more complex and conflicted over the course of the ...
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This chapter examines gender relations in the Main Valley, primarily among ecclesiastics and secondarily among the laity, and traces how they became more complex and conflicted over the course of the eighth century, under the impact of the early stages of the Carolingian reform movement. Several reformers sought to increase restrictions on religious women, to limit their ecclesiastical activities, and emphasize segregation of men from women. This trend posed a challenge to the gender-egalitarian culture that was favoured by the Anglo-Saxon immigrants to Francia and their continental collaborators, and particularly threatened the widespread commitment to syneisactism, a form of religious life that encouraged sexually chaste contact between men and women. However, the chapter also shows, through examination of a selection of legal manuscripts, how the reform ideas were often resisted on the ground through the ability of feminist scribes to edit and shape the texts they produced.Less
This chapter examines gender relations in the Main Valley, primarily among ecclesiastics and secondarily among the laity, and traces how they became more complex and conflicted over the course of the eighth century, under the impact of the early stages of the Carolingian reform movement. Several reformers sought to increase restrictions on religious women, to limit their ecclesiastical activities, and emphasize segregation of men from women. This trend posed a challenge to the gender-egalitarian culture that was favoured by the Anglo-Saxon immigrants to Francia and their continental collaborators, and particularly threatened the widespread commitment to syneisactism, a form of religious life that encouraged sexually chaste contact between men and women. However, the chapter also shows, through examination of a selection of legal manuscripts, how the reform ideas were often resisted on the ground through the ability of feminist scribes to edit and shape the texts they produced.
Kriston R. Rennie
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781526127723
- eISBN:
- 9781526138736
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526127723.001.0001
- Subject:
- History, European Medieval History
This book examines the history of monastic exemption in France. It maps an institutional story of monastic freedom and protection, which is deeply rooted in the religious, political, social, and ...
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This book examines the history of monastic exemption in France. It maps an institutional story of monastic freedom and protection, which is deeply rooted in the religious, political, social, and legal culture of the early Middle Ages. Traversing many geo-political boundaries and fields of historical specialisation, this book evaluates the nature and extent of papal involvement in French monasteries between the sixth and eleventh centuries. Defining the meaning and value of exemption to medieval contemporaries during this era, it demonstrates how the papacy’s commitment, cooperation, and intervention transformed existing ecclesiastical and political structures. Charting the elaboration of monastic exemption privileges from a marginalised to centralised practice, this book asks why so many French monasteries were seeking exemption privileges directly from Rome; what significance they held for monks, bishops, secular rulers, and popes; how and why this practice developed throughout the early Middle Ages; and, ultimately, what impact monastic exemption had on the emerging identity of papal authority, the growth of early monasticism, Frankish politics and governance, church reform, and canon law.Less
This book examines the history of monastic exemption in France. It maps an institutional story of monastic freedom and protection, which is deeply rooted in the religious, political, social, and legal culture of the early Middle Ages. Traversing many geo-political boundaries and fields of historical specialisation, this book evaluates the nature and extent of papal involvement in French monasteries between the sixth and eleventh centuries. Defining the meaning and value of exemption to medieval contemporaries during this era, it demonstrates how the papacy’s commitment, cooperation, and intervention transformed existing ecclesiastical and political structures. Charting the elaboration of monastic exemption privileges from a marginalised to centralised practice, this book asks why so many French monasteries were seeking exemption privileges directly from Rome; what significance they held for monks, bishops, secular rulers, and popes; how and why this practice developed throughout the early Middle Ages; and, ultimately, what impact monastic exemption had on the emerging identity of papal authority, the growth of early monasticism, Frankish politics and governance, church reform, and canon law.
John Pollard
- Published in print:
- 2014
- Published Online:
- December 2014
- ISBN:
- 9780199208562
- eISBN:
- 9780191785580
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199208562.003.0001
- Subject:
- Religion, Religious Studies, Church History
This chapter begins with a summary of the aims and objectives of the volume and a historiographical review of the existing literature. It then examines the features, positive and negative, of the ...
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This chapter begins with a summary of the aims and objectives of the volume and a historiographical review of the existing literature. It then examines the features, positive and negative, of the legacy of the pontificate of Pius X (1903–14). In particular, it focuses on the longer-term effects of Pius X’s innovations in the liturgical field, his inauguration of the process of codifying Canon Law and his reform of the Roman curia, and his attempts to improve training for the priesthood. It also analyses the longer-term effects of the ‘modernist’ crisis that dominated his reign and the consequences for the papacy during the July crisis of 1914 of Pius X’s and Cardinal Merry Del Val’s mishandling of the Vatican’s diplomatic relations with states.Less
This chapter begins with a summary of the aims and objectives of the volume and a historiographical review of the existing literature. It then examines the features, positive and negative, of the legacy of the pontificate of Pius X (1903–14). In particular, it focuses on the longer-term effects of Pius X’s innovations in the liturgical field, his inauguration of the process of codifying Canon Law and his reform of the Roman curia, and his attempts to improve training for the priesthood. It also analyses the longer-term effects of the ‘modernist’ crisis that dominated his reign and the consequences for the papacy during the July crisis of 1914 of Pius X’s and Cardinal Merry Del Val’s mishandling of the Vatican’s diplomatic relations with states.
Dotan Leshem
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780231177764
- eISBN:
- 9780231541749
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231177764.003.0005
- Subject:
- History, History of Ideas
The Fifth Chapter (Economy and the Legal Framework) returns to Agamben’s genealogy of economy discussed in the introduction and tackles his critique of Foucault’s genealogy of pastoral power. ...
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The Fifth Chapter (Economy and the Legal Framework) returns to Agamben’s genealogy of economy discussed in the introduction and tackles his critique of Foucault’s genealogy of pastoral power. Following a presentation of what is known in canon law literature as “the principle of economy” it discusses the resemblances and differences between pastoral economy and political sovereignty as revealed in the state of exception.Less
The Fifth Chapter (Economy and the Legal Framework) returns to Agamben’s genealogy of economy discussed in the introduction and tackles his critique of Foucault’s genealogy of pastoral power. Following a presentation of what is known in canon law literature as “the principle of economy” it discusses the resemblances and differences between pastoral economy and political sovereignty as revealed in the state of exception.
Hannah Skoda
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780198813415
- eISBN:
- 9780191851704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198813415.003.0010
- Subject:
- Law, Legal History
This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the ...
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This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the Roman law of the ius commune, canon law, local customary and statute law, and natural law. The texture of these different legalistic frameworks provided ways of articulating the problems, discursive and ethical, of treating people as property. The essay explores these tensions by looking at slave contracts, and practices of manumission: slaves could purchase their freedom with their own property (peculium). Both manumission and peculium were inflected by favor libertatis, the acknowledgement that the rigidity of law was a problematic way to deal with people. Further tensions are explored in the context of the criminal liability of slaves. Finally, the essay turns to the range of contracts from outright slavery to indentured labour, and asks how this spectrum problematizes concepts of property.Less
This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the Roman law of the ius commune, canon law, local customary and statute law, and natural law. The texture of these different legalistic frameworks provided ways of articulating the problems, discursive and ethical, of treating people as property. The essay explores these tensions by looking at slave contracts, and practices of manumission: slaves could purchase their freedom with their own property (peculium). Both manumission and peculium were inflected by favor libertatis, the acknowledgement that the rigidity of law was a problematic way to deal with people. Further tensions are explored in the context of the criminal liability of slaves. Finally, the essay turns to the range of contracts from outright slavery to indentured labour, and asks how this spectrum problematizes concepts of property.