John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0002
- Subject:
- Law, Philosophy of Law
This chapter offers an overview of canon law. It starts by defining what canon law is not. It then traces the historical development of canon law from its origins in the early church to its flowering ...
More
This chapter offers an overview of canon law. It starts by defining what canon law is not. It then traces the historical development of canon law from its origins in the early church to its flowering in the medieval period. Beginning with the 20th-century codifications of canon law, the second part of the chapter describes contemporary canon law. It discusses legislative, judicial, and executive acts of governance. It also distinguishes universal and particular law, as well as various other types of canon law and the related features of dispensation, exception, privilege, and canonical equity. The chapter concludes with some thoughts about the relationship between canon law and theology.Less
This chapter offers an overview of canon law. It starts by defining what canon law is not. It then traces the historical development of canon law from its origins in the early church to its flowering in the medieval period. Beginning with the 20th-century codifications of canon law, the second part of the chapter describes contemporary canon law. It discusses legislative, judicial, and executive acts of governance. It also distinguishes universal and particular law, as well as various other types of canon law and the related features of dispensation, exception, privilege, and canonical equity. The chapter concludes with some thoughts about the relationship between canon law and theology.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0009
- Subject:
- Law, Philosophy of Law
This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ...
More
This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ownership of church property, and the application of Canon 915. Based upon the three examples, it presents some general conclusions about antinomianism and legalism. The third part offers observations about canon law from the comparative perspective. It returns to the three basic questions posed in the Introduction about the nature of law, a legal system, and the rule of law. While primarily descriptive, the chapter also serves a prescriptive function. The comparison with Anglo-American legal theory not only clarifies the nature of canon law, but also suggests ways in which the system of canon law might more effectively fulfill the requirements of the rule of law.Less
This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ownership of church property, and the application of Canon 915. Based upon the three examples, it presents some general conclusions about antinomianism and legalism. The third part offers observations about canon law from the comparative perspective. It returns to the three basic questions posed in the Introduction about the nature of law, a legal system, and the rule of law. While primarily descriptive, the chapter also serves a prescriptive function. The comparison with Anglo-American legal theory not only clarifies the nature of canon law, but also suggests ways in which the system of canon law might more effectively fulfill the requirements of the rule of law.
Sara Parvis
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199280131
- eISBN:
- 9780191603792
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199280134.003.0002
- Subject:
- Religion, Early Christian Studies
This chapter presents Marcellus as the ambitious and capable young canon law-maker responsible for the 314 Synod of Ancyra, with its 25 canons on penance, the recent persecution, and other subjects. ...
More
This chapter presents Marcellus as the ambitious and capable young canon law-maker responsible for the 314 Synod of Ancyra, with its 25 canons on penance, the recent persecution, and other subjects. He emerges as a compassionate and level-headed pastor, even-handed in his treatment of women and men, in contrast to the makers of the Canons of Iliberris (Elvira). The theology of his major work, Against Asterius, is also briefly sketched.Less
This chapter presents Marcellus as the ambitious and capable young canon law-maker responsible for the 314 Synod of Ancyra, with its 25 canons on penance, the recent persecution, and other subjects. He emerges as a compassionate and level-headed pastor, even-handed in his treatment of women and men, in contrast to the makers of the Canons of Iliberris (Elvira). The theology of his major work, Against Asterius, is also briefly sketched.
Hamilton Hess
- Published in print:
- 2002
- Published Online:
- April 2004
- ISBN:
- 9780198269755
- eISBN:
- 9780191601163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198269757.003.0004
- Subject:
- Religion, Early Christian Studies
Abundant evidence exists for the adaptation of civil practices, inclusive of the taking of minutes, for use in church councils. The minutes of the Council of Carthage held under Cyprian in September ...
More
Abundant evidence exists for the adaptation of civil practices, inclusive of the taking of minutes, for use in church councils. The minutes of the Council of Carthage held under Cyprian in September 256, the canons of the Council of Serdica, and of the Councils of Carthage in 345/8 and 390 bear clear witness to the employment of standard Roman parliamentary procedure in the presentation of topics, the mode of discussion, and the manner of reaching conclusions. It is also clear from the same evidence and from the models employed that the agreements were accepted for observance by the bishops who enacted them and were not normally, and certainly not widely, regarded at the time as universally binding regulations; they reflected instead the morally suasive conventions in Roman culture: consensus and the personal auctoritas of the decision makers. The concept and employment of church law, or canon law, as a code of universally or regionally binding statutes grew slowly, and in so doing it was largely inspired by the Roman civil code. This influence and the parallels in character between the ecclesiastical and civil codes can be observed in the shaping of the late‐fourth‐ to sixth‐century canonical collections that are discussed in Ch. 2.Less
Abundant evidence exists for the adaptation of civil practices, inclusive of the taking of minutes, for use in church councils. The minutes of the Council of Carthage held under Cyprian in September 256, the canons of the Council of Serdica, and of the Councils of Carthage in 345/8 and 390 bear clear witness to the employment of standard Roman parliamentary procedure in the presentation of topics, the mode of discussion, and the manner of reaching conclusions. It is also clear from the same evidence and from the models employed that the agreements were accepted for observance by the bishops who enacted them and were not normally, and certainly not widely, regarded at the time as universally binding regulations; they reflected instead the morally suasive conventions in Roman culture: consensus and the personal auctoritas of the decision makers. The concept and employment of church law, or canon law, as a code of universally or regionally binding statutes grew slowly, and in so doing it was largely inspired by the Roman civil code. This influence and the parallels in character between the ecclesiastical and civil codes can be observed in the shaping of the late‐fourth‐ to sixth‐century canonical collections that are discussed in Ch. 2.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0007
- Subject:
- Law, Philosophy of Law
This chapter consists of three sections. First, it describes the controversy about the application of Canon 915 during the 2004 US electoral campaign and discusses this controversy in reference to ...
More
This chapter consists of three sections. First, it describes the controversy about the application of Canon 915 during the 2004 US electoral campaign and discusses this controversy in reference to the indeterminacy claim. Second, it relies on two prominent features of H. L. A. Hart's legal theory—the rule of recognition and internal aspect of the law—to explore whether the application of Canon 915 to public officials is valid in the legal system of canon law. It also discusses indeterminacy and Canon 915 in light of another feature of Hart's theory—the law's open texture. Third, it asks whether the application of Canon 915 is a “central case” in light of traditional aspects of Catholic doctrine such as objective truth, individual conscience, and cooperation in evil.Less
This chapter consists of three sections. First, it describes the controversy about the application of Canon 915 during the 2004 US electoral campaign and discusses this controversy in reference to the indeterminacy claim. Second, it relies on two prominent features of H. L. A. Hart's legal theory—the rule of recognition and internal aspect of the law—to explore whether the application of Canon 915 to public officials is valid in the legal system of canon law. It also discusses indeterminacy and Canon 915 in light of another feature of Hart's theory—the law's open texture. Third, it asks whether the application of Canon 915 is a “central case” in light of traditional aspects of Catholic doctrine such as objective truth, individual conscience, and cooperation in evil.
Kathleen G. Cushing
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198207245
- eISBN:
- 9780191677571
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207245.001.0001
- Subject:
- History, European Medieval History, History of Religion
This book explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Refom movement. Focusing on the ...
More
This book explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Refom movement. Focusing on the Collectio canonum of Bishop Anselm of Lucca — hitherto largely unexplored in English — it is concerned with the symbiotic relationship between canon law and reform, and seeks to explore the ways in which Anselm’s writing can be seen in the context of the reformer’s need to devise and articulate strategies for the renovation of the Church and Christian society. Its principal contention is that Anselm’s collection cannot be seen merely as a catalogue of canon law, but also functioned to articulate, define, and propagate reformist doctrine in a time of great social and religious upheaval.Less
This book explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Refom movement. Focusing on the Collectio canonum of Bishop Anselm of Lucca — hitherto largely unexplored in English — it is concerned with the symbiotic relationship between canon law and reform, and seeks to explore the ways in which Anselm’s writing can be seen in the context of the reformer’s need to devise and articulate strategies for the renovation of the Church and Christian society. Its principal contention is that Anselm’s collection cannot be seen merely as a catalogue of canon law, but also functioned to articulate, define, and propagate reformist doctrine in a time of great social and religious upheaval.
Catherine Rider
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199282227
- eISBN:
- 9780191713026
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282227.001.0001
- Subject:
- History, European Medieval History
This book investigates the common medieval belief that magic could cause impotence. Because impotence was a ground for annulling a marriage in medieval canon law, it received a large amount of ...
More
This book investigates the common medieval belief that magic could cause impotence. Because impotence was a ground for annulling a marriage in medieval canon law, it received a large amount of discussion in the Middle Ages, and many of these discussions also described how impotence could be caused by magic. Chapters 1-4 trace the development of ideas about magically-caused impotence from the ancient world into the 12th century, arguing that medieval writers only gradually came to distinguish impotence magic from other forms of love magic. Chapters 5-9 then analyse the main kinds of sources which mentioned impotence magic in the late Middle Ages: magical texts, confession manuals, canon law commentaries, theology commentaries, and medicine. A comparison of these sources reveals that medieval writers held surprisingly diverse opinions about what magic was, how it worked, and whether it was ever legitimate to use it. Finally, in Chapter 10, the book shows how ideas about impotence magic were affected in the 15th century by new fears of demonic witchcraft. The book argues that many authors who discussed impotence magic were interested in popular magical practices, and so it acts as a case study of the relationship between elite and popular culture in the Middle Ages. It emphasizes the importance of the 13th-century pastoral reform movement, which sought to enforce more orthodox religious practices. This movement brought churchmen into contact with popular magic, and encouraged them to write about what they saw.Less
This book investigates the common medieval belief that magic could cause impotence. Because impotence was a ground for annulling a marriage in medieval canon law, it received a large amount of discussion in the Middle Ages, and many of these discussions also described how impotence could be caused by magic. Chapters 1-4 trace the development of ideas about magically-caused impotence from the ancient world into the 12th century, arguing that medieval writers only gradually came to distinguish impotence magic from other forms of love magic. Chapters 5-9 then analyse the main kinds of sources which mentioned impotence magic in the late Middle Ages: magical texts, confession manuals, canon law commentaries, theology commentaries, and medicine. A comparison of these sources reveals that medieval writers held surprisingly diverse opinions about what magic was, how it worked, and whether it was ever legitimate to use it. Finally, in Chapter 10, the book shows how ideas about impotence magic were affected in the 15th century by new fears of demonic witchcraft. The book argues that many authors who discussed impotence magic were interested in popular magical practices, and so it acts as a case study of the relationship between elite and popular culture in the Middle Ages. It emphasizes the importance of the 13th-century pastoral reform movement, which sought to enforce more orthodox religious practices. This movement brought churchmen into contact with popular magic, and encouraged them to write about what they saw.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0003
- Subject:
- Law, Philosophy of Law
This chapter consists of two major parts. The first reviews the canonical provisions that were in place to respond to allegations of sexual abuse and to impose the penalty of dismissal from the ...
More
This chapter consists of two major parts. The first reviews the canonical provisions that were in place to respond to allegations of sexual abuse and to impose the penalty of dismissal from the clerical state on a guilty priest. It also presents statistical information about the sexual abuse of minors by Catholic priests in the United States from 1950 until 2006. In light of the information, it argues that canonical action could have been taken against guilty priests, especially those who were serial child abusers. The second part offers an explanation for the failure of church authorities to utilize canon law in dealing with cases of sexual abuse. After reviewing some examples of antinomianism and legalism on the part of 19th-century bishops in the United States, it discusses how these approaches led to the failure of canon law in dealing with cases of clergy sexual abuse. It suggests that, when a psychological model replaced the rule of canon law, the conditions were set for great harm to individuals and the common good.Less
This chapter consists of two major parts. The first reviews the canonical provisions that were in place to respond to allegations of sexual abuse and to impose the penalty of dismissal from the clerical state on a guilty priest. It also presents statistical information about the sexual abuse of minors by Catholic priests in the United States from 1950 until 2006. In light of the information, it argues that canonical action could have been taken against guilty priests, especially those who were serial child abusers. The second part offers an explanation for the failure of church authorities to utilize canon law in dealing with cases of sexual abuse. After reviewing some examples of antinomianism and legalism on the part of 19th-century bishops in the United States, it discusses how these approaches led to the failure of canon law in dealing with cases of clergy sexual abuse. It suggests that, when a psychological model replaced the rule of canon law, the conditions were set for great harm to individuals and the common good.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0004
- Subject:
- Law, Philosophy of Law
This chapter addresses the canonical consequences of antinomianism and legalism. These include injury to the victims, the alleged link between priesthood and sexual deviancy, the disruption of the ...
More
This chapter addresses the canonical consequences of antinomianism and legalism. These include injury to the victims, the alleged link between priesthood and sexual deviancy, the disruption of the unity of law and theology, and the diminishment of canon law as law properly understood.Less
This chapter addresses the canonical consequences of antinomianism and legalism. These include injury to the victims, the alleged link between priesthood and sexual deviancy, the disruption of the unity of law and theology, and the diminishment of canon law as law properly understood.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0001
- Subject:
- Law, Philosophy of Law
This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic ...
More
This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic Church. Focusing on contemporary canon law, it examines several specific topics, including the sexual abuse crisis, the ownership of church property, and the refusal of Holy Communion to Catholic public officials. The chapter then treats some concepts that are basic to the study as a whole. First, it defines antinomianism and legalism in canon law and offers some historical examples of each. Second, it describes the meaning of Anglo-American legal theory, and discusses it in relation to comparative law. Finally, it poses a question about canon law as the rule of law in the church from the comparative perspective.Less
This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic Church. Focusing on contemporary canon law, it examines several specific topics, including the sexual abuse crisis, the ownership of church property, and the refusal of Holy Communion to Catholic public officials. The chapter then treats some concepts that are basic to the study as a whole. First, it defines antinomianism and legalism in canon law and offers some historical examples of each. Second, it describes the meaning of Anglo-American legal theory, and discusses it in relation to comparative law. Finally, it poses a question about canon law as the rule of law in the church from the comparative perspective.
John J. Coughlin, O.F.M.
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.001.0001
- Subject:
- Law, Philosophy of Law
This book explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to ...
More
This book explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law. It discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the “home system” in this study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss the ownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and against the denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law.Less
This book explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law. It discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the “home system” in this study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss the ownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and against the denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0008
- Subject:
- Law, Philosophy of Law
The previous chapter explored the nature of the indeterminacy claim and offered an argument that the application of Canon 915 to Catholic public officials is a central case. Most of the bishops in ...
More
The previous chapter explored the nature of the indeterminacy claim and offered an argument that the application of Canon 915 to Catholic public officials is a central case. Most of the bishops in the United States apparently thought that the application of Canon 915 constitutes a more difficult case. There are at least five objections that might be raised in relation to the application of Canon 915 as a clear case. The objections are based upon: firstly, doubt about whether or not a Catholic public official, who favors permissive abortion or euthanasia laws, is in fact a “grave sinner”; secondly, undue interference in the political process through an arbitrary application of law; thirdly, the social teaching of the church; fourthly, the sacramental nature of the Eucharist; and lastly, other provisions of canon law, including the right to receive the sacraments and the diocesan bishop's authority. Each of these objections calls into question the clear case approach to Canon 915, and thus raises the indeterminacy claim. This chapter presents each of the five objections and then discusses them in terms of responses based upon what Joseph Raz describes as detached normative statements. The purpose here is not to evaluate whether or not the application of Canon 915 is a good church policy. Rather, the chapter attempts to clarify what might be the correct internal point of view of a bishop participant in relation to Canon 915.Less
The previous chapter explored the nature of the indeterminacy claim and offered an argument that the application of Canon 915 to Catholic public officials is a central case. Most of the bishops in the United States apparently thought that the application of Canon 915 constitutes a more difficult case. There are at least five objections that might be raised in relation to the application of Canon 915 as a clear case. The objections are based upon: firstly, doubt about whether or not a Catholic public official, who favors permissive abortion or euthanasia laws, is in fact a “grave sinner”; secondly, undue interference in the political process through an arbitrary application of law; thirdly, the social teaching of the church; fourthly, the sacramental nature of the Eucharist; and lastly, other provisions of canon law, including the right to receive the sacraments and the diocesan bishop's authority. Each of these objections calls into question the clear case approach to Canon 915, and thus raises the indeterminacy claim. This chapter presents each of the five objections and then discusses them in terms of responses based upon what Joseph Raz describes as detached normative statements. The purpose here is not to evaluate whether or not the application of Canon 915 is a good church policy. Rather, the chapter attempts to clarify what might be the correct internal point of view of a bishop participant in relation to Canon 915.
Göran Lind
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195366815
- eISBN:
- 9780199867837
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195366815.003.0003
- Subject:
- Law, Family Law
This chapter discusses informal marriages under canon law. It considers the influence of Roman law, and traces the evolution of canon law understanding of marriage from the Middle Ages to the Council ...
More
This chapter discusses informal marriages under canon law. It considers the influence of Roman law, and traces the evolution of canon law understanding of marriage from the Middle Ages to the Council of Trent in 1563, when the Roman Catholic branch decreed that entering into a marriage through a church wedding ceremony was an unconditional prerequisite for the validity of the marriage. The canon law concept of concubinage and the reasons behind the church's efforts to legally regulate the marital relationship are discussed.Less
This chapter discusses informal marriages under canon law. It considers the influence of Roman law, and traces the evolution of canon law understanding of marriage from the Middle Ages to the Council of Trent in 1563, when the Roman Catholic branch decreed that entering into a marriage through a church wedding ceremony was an unconditional prerequisite for the validity of the marriage. The canon law concept of concubinage and the reasons behind the church's efforts to legally regulate the marital relationship are discussed.
Alexander Murray
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198207313
- eISBN:
- 9780191677625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207313.003.0009
- Subject:
- History, European Medieval History, Social History
This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see ...
More
This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see how its practitioners treated their authoritative texts. Here, suicide was a special case, capable of illuminating the extremities of the intellectual history in which it lodged. It was well known to medievalists that while in many areas canon and Roman law fortified each other, there were a few notorious areas where the two could come into conflict, as in the political relations of pope and emperor, who were supposed to act in harmony, and did for much of the time, but could on occasion be in conflict. There were many other examples, yet nowhere, in theory, was the conflict of the two laws so necessary.Less
This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see how its practitioners treated their authoritative texts. Here, suicide was a special case, capable of illuminating the extremities of the intellectual history in which it lodged. It was well known to medievalists that while in many areas canon and Roman law fortified each other, there were a few notorious areas where the two could come into conflict, as in the political relations of pope and emperor, who were supposed to act in harmony, and did for much of the time, but could on occasion be in conflict. There were many other examples, yet nowhere, in theory, was the conflict of the two laws so necessary.
Matthew Gerber
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199755370
- eISBN:
- 9780199932603
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755370.003.0001
- Subject:
- History, European Early Modern History, Family History
Defining as “bastard” any child born outside of legitimate marriage, sixteenth-century French jurists alleged that all such offspring were tainted with a mark of criminal unworthiness stemming from ...
More
Defining as “bastard” any child born outside of legitimate marriage, sixteenth-century French jurists alleged that all such offspring were tainted with a mark of criminal unworthiness stemming from their illicit origins. This mark, rather than uncertain paternity, was the basis for their exclusion from both paternal and maternal inheritance. Jurists grounded this doctrine on diverse elements of “French law”—a concept originating in this period—particularly the droit de bâtardise, the right of the king to confiscate the estates of extramarital offspring who died without legitimate descendants. The doctrine helped to protect lineal interests, complementing the contemporaneous efforts of the royal courts to assure parental control over marriage choice through the assertion of appellate jurisdiction over disputed nuptials. In spite of the doctrine, children born of parents free to marry continued to inherit from their mothers under the terms of Roman law in the south-eastern province of Dauphiné.Less
Defining as “bastard” any child born outside of legitimate marriage, sixteenth-century French jurists alleged that all such offspring were tainted with a mark of criminal unworthiness stemming from their illicit origins. This mark, rather than uncertain paternity, was the basis for their exclusion from both paternal and maternal inheritance. Jurists grounded this doctrine on diverse elements of “French law”—a concept originating in this period—particularly the droit de bâtardise, the right of the king to confiscate the estates of extramarital offspring who died without legitimate descendants. The doctrine helped to protect lineal interests, complementing the contemporaneous efforts of the royal courts to assure parental control over marriage choice through the assertion of appellate jurisdiction over disputed nuptials. In spite of the doctrine, children born of parents free to marry continued to inherit from their mothers under the terms of Roman law in the south-eastern province of Dauphiné.
H. E. J. COWDREY
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199259601
- eISBN:
- 9780191717406
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199259601.003.0009
- Subject:
- History, British and Irish Medieval History
The effects of Lanfranc's reordering of the English church as Archbishop of Canterbury were profound and lasting. With the support of King William, Lanfranc sought to revive the spiritual authority ...
More
The effects of Lanfranc's reordering of the English church as Archbishop of Canterbury were profound and lasting. With the support of King William, Lanfranc sought to revive the spiritual authority and jurisdiction of the church at every level. The holding of councils and synods, primatial and episcopal, was a means to this end, and the quickening of church life in the localities and parishes was to consolidate it. The rapid appearance of archdeacons who played a prominent role testifies to a purpose of intensifying pastoral and judicial oversight. The introduction and dissemination by Lanfranc of a version of the Pseudo-Isidorian decrees effectively introduced canon law to the country as a normative and educative medium for reform and guidance. He also helped the king maintain the separation, at least in part, of ecclesiastical jurisdiction from the secular.Less
The effects of Lanfranc's reordering of the English church as Archbishop of Canterbury were profound and lasting. With the support of King William, Lanfranc sought to revive the spiritual authority and jurisdiction of the church at every level. The holding of councils and synods, primatial and episcopal, was a means to this end, and the quickening of church life in the localities and parishes was to consolidate it. The rapid appearance of archdeacons who played a prominent role testifies to a purpose of intensifying pastoral and judicial oversight. The introduction and dissemination by Lanfranc of a version of the Pseudo-Isidorian decrees effectively introduced canon law to the country as a normative and educative medium for reform and guidance. He also helped the king maintain the separation, at least in part, of ecclesiastical jurisdiction from the secular.
R. H. Helmholz
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780198258971
- eISBN:
- 9780191681882
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198258971.003.0003
- Subject:
- Law, Legal History
This chapter speaks about stability of canon law during the later Middle Ages and the early Tudor period. The contrast between the stability of this period and the advances in law that had taken ...
More
This chapter speaks about stability of canon law during the later Middle Ages and the early Tudor period. The contrast between the stability of this period and the advances in law that had taken place during the 12th and 13th centuries is dramatic. Relatively few changes in the nature of the law, its sources and its institutions, are to be found in the records of the later Middle Ages. Despite its stability overall, the history of the canon law and ecclesiastical jurisdiction in England from the last half of the 13th century to the start of the reign of Elizabeth was not without incident. Within the canon law itself, notable events occurred. Provisions were enacted to deal with the contests between the mendicant friars and the secular clergy. Legislation related to the Conciliar movement and the Great Schism was adopted.Less
This chapter speaks about stability of canon law during the later Middle Ages and the early Tudor period. The contrast between the stability of this period and the advances in law that had taken place during the 12th and 13th centuries is dramatic. Relatively few changes in the nature of the law, its sources and its institutions, are to be found in the records of the later Middle Ages. Despite its stability overall, the history of the canon law and ecclesiastical jurisdiction in England from the last half of the 13th century to the start of the reign of Elizabeth was not without incident. Within the canon law itself, notable events occurred. Provisions were enacted to deal with the contests between the mendicant friars and the secular clergy. Legislation related to the Conciliar movement and the Great Schism was adopted.
John J. Coughlin
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199756773
- eISBN:
- 9780199932177
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756773.003.0003
- Subject:
- Law, Philosophy of Law
This chapter looks at two fundamental questions about the relationship between canon law and theology. The first question concerns the validity of canon law. In light of the fact that Christianity is ...
More
This chapter looks at two fundamental questions about the relationship between canon law and theology. The first question concerns the validity of canon law. In light of the fact that Christianity is a spiritual faith and the church a religious entity, what justifies law and legal structure? The second fundamental question about the relation between canon law and theology concerns whether canon law is an ordinance of faith or an ordinance of reason. The chapter discusses a few critical elements for a theology of canon law as responses to the two questions posed about the relation between canon law and theology. The responses to both questions focus on the anthropological basis of canon law.Less
This chapter looks at two fundamental questions about the relationship between canon law and theology. The first question concerns the validity of canon law. In light of the fact that Christianity is a spiritual faith and the church a religious entity, what justifies law and legal structure? The second fundamental question about the relation between canon law and theology concerns whether canon law is an ordinance of faith or an ordinance of reason. The chapter discusses a few critical elements for a theology of canon law as responses to the two questions posed about the relation between canon law and theology. The responses to both questions focus on the anthropological basis of canon law.
John J. Coughlin
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199756773
- eISBN:
- 9780199932177
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756773.003.0010
- Subject:
- Law, Philosophy of Law
This chapter begins by summarizing seven principles about the relation between law and theology which have run like leitmotifs through the study. It then discusses the natural and theological ...
More
This chapter begins by summarizing seven principles about the relation between law and theology which have run like leitmotifs through the study. It then discusses the natural and theological dimensions of canon law, what the theory of canon law tells about the human person, and how canon law facilitates the community of the church in fulfilling its natural and supernatural ends.Less
This chapter begins by summarizing seven principles about the relation between law and theology which have run like leitmotifs through the study. It then discusses the natural and theological dimensions of canon law, what the theory of canon law tells about the human person, and how canon law facilitates the community of the church in fulfilling its natural and supernatural ends.
Alexander Murray
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198207313
- eISBN:
- 9780191677625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207313.003.0006
- Subject:
- History, European Medieval History, Social History
The two laws, civil and canon, share a function as historical evidence. Written law, if carefully read, can be a historical witness to areas of thought otherwise inaccessible. This also applies ...
More
The two laws, civil and canon, share a function as historical evidence. Written law, if carefully read, can be a historical witness to areas of thought otherwise inaccessible. This also applies particularly to laws on suicide. Suicide has a capacity to beget paradox in the ethical and legal systems that attempt to house it. That capacity lost none of its force in the face of civil and canon law. The paradoxes it engendered can be observed here in two phases. But since this chapter contends that there could have been no convergence or crossing if the two inherited blocks of texts had had no paradox in them to start with, these inherited texts invite study on their own.Less
The two laws, civil and canon, share a function as historical evidence. Written law, if carefully read, can be a historical witness to areas of thought otherwise inaccessible. This also applies particularly to laws on suicide. Suicide has a capacity to beget paradox in the ethical and legal systems that attempt to house it. That capacity lost none of its force in the face of civil and canon law. The paradoxes it engendered can be observed here in two phases. But since this chapter contends that there could have been no convergence or crossing if the two inherited blocks of texts had had no paradox in them to start with, these inherited texts invite study on their own.
