Caroline Humfress
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780198208419
- eISBN:
- 9780191716966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208419.003.008
- Subject:
- History, European Medieval History
This chapter argues that the fact that some key late Roman ecclesiastics were trained as forensic practitioners is crucial to explaining how it was that early ‘canon law’ was elaborated using ...
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This chapter argues that the fact that some key late Roman ecclesiastics were trained as forensic practitioners is crucial to explaining how it was that early ‘canon law’ was elaborated using specific techniques and procedures ‘borrowed’ from Roman law. The various foundational strands of early Judaeo-Christian ‘internal’ ideas and practices, forensic practice and church councils, and forensic practice and the papal elaboration of ‘ecclesiastical’ law are discussed.Less
This chapter argues that the fact that some key late Roman ecclesiastics were trained as forensic practitioners is crucial to explaining how it was that early ‘canon law’ was elaborated using specific techniques and procedures ‘borrowed’ from Roman law. The various foundational strands of early Judaeo-Christian ‘internal’ ideas and practices, forensic practice and church councils, and forensic practice and the papal elaboration of ‘ecclesiastical’ law are discussed.
Norman Doe
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198262206
- eISBN:
- 9780191682315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262206.003.0002
- Subject:
- Law, Comparative Law, Constitutional and Administrative Law
The legal framework of the Church of England subsists in formal legal texts created not only by the church's internal legislators but also by the state, and technical terms have been devised to ...
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The legal framework of the Church of England subsists in formal legal texts created not only by the church's internal legislators but also by the state, and technical terms have been devised to classify these as canon law and ecclesiastical law. On the other hand, many regulatory instruments governing the church exist outside formal texts legislated by the church and state: these may be classified as ecclesiastical quasi-legislation. The Roman Catholic Church, which is not formally established in the same sense as the Church of England, is regulated similarly by internally made canon law and by rules legislated by the state. For both churches, the degree to which regulatory instruments are binding and enforceable depends on the status of the instrument in question. With respect to jurisprudence, the fundamental authority underlying internally made church law is conceived by both churches to be divine law. While for the Roman Catholic Church, canon law is defined as internal ecclesiastical regulation, for the Church of England there is no agreed, clear understanding of the terms ‘canon law’ and ‘ecclesiastical law’.Less
The legal framework of the Church of England subsists in formal legal texts created not only by the church's internal legislators but also by the state, and technical terms have been devised to classify these as canon law and ecclesiastical law. On the other hand, many regulatory instruments governing the church exist outside formal texts legislated by the church and state: these may be classified as ecclesiastical quasi-legislation. The Roman Catholic Church, which is not formally established in the same sense as the Church of England, is regulated similarly by internally made canon law and by rules legislated by the state. For both churches, the degree to which regulatory instruments are binding and enforceable depends on the status of the instrument in question. With respect to jurisprudence, the fundamental authority underlying internally made church law is conceived by both churches to be divine law. While for the Roman Catholic Church, canon law is defined as internal ecclesiastical regulation, for the Church of England there is no agreed, clear understanding of the terms ‘canon law’ and ‘ecclesiastical law’.
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/9780198207313.003.0013
- Subject:
- History, European Medieval History, Social History
This chapter examines how medieval customary and written law reacted, not to completed suicide but to mere attempts at it. The enquiry focuses on three questions. First, how far did reactions to ...
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This chapter examines how medieval customary and written law reacted, not to completed suicide but to mere attempts at it. The enquiry focuses on three questions. First, how far did reactions to attempted suicide differ from those to the completed act? Second, was this difference greater or less than the equivalent difference in respect of other crimes? Third, did the answer to these questions differ from one juridical milieu to another, for instance, as between ecclesiastical and secular courts? In respect of attempt, the odd status of suicide arose from two peculiarities that marked suicide off from other crimes. One was the unique degree of moral heinousness attached to the completed act; the other, that the failure of an attempt at suicide eliminated, at a stroke, most of the legal anomalies innate in suicide as such.Less
This chapter examines how medieval customary and written law reacted, not to completed suicide but to mere attempts at it. The enquiry focuses on three questions. First, how far did reactions to attempted suicide differ from those to the completed act? Second, was this difference greater or less than the equivalent difference in respect of other crimes? Third, did the answer to these questions differ from one juridical milieu to another, for instance, as between ecclesiastical and secular courts? In respect of attempt, the odd status of suicide arose from two peculiarities that marked suicide off from other crimes. One was the unique degree of moral heinousness attached to the completed act; the other, that the failure of an attempt at suicide eliminated, at a stroke, most of the legal anomalies innate in suicide as such.
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/9780198258971.003.0001
- Subject:
- Law, Legal History
This chapter gives a striking account of the Anglo-Saxon Church. The church has never been without laws, and in many respects, the Anglo-Saxon church was actually quite rich in them. Canons were ...
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This chapter gives a striking account of the Anglo-Saxon Church. The church has never been without laws, and in many respects, the Anglo-Saxon church was actually quite rich in them. Canons were known, enacted, and admired among the Anglo-Saxons. Although some of the substantive provisions in these laws later seemed worse than merely unsophisticated, and although much of the church's effort was mixed in with secular law in a way that would come to seem objectionable to the clergy, ecclesiastical law could claim a place in the legal life of the land. It can be said that the Anglo-Saxon church lacked much that would later seem essential — consistory courts and trained lawyers for example. But law had established a place in the English church that it would not lose.Less
This chapter gives a striking account of the Anglo-Saxon Church. The church has never been without laws, and in many respects, the Anglo-Saxon church was actually quite rich in them. Canons were known, enacted, and admired among the Anglo-Saxons. Although some of the substantive provisions in these laws later seemed worse than merely unsophisticated, and although much of the church's effort was mixed in with secular law in a way that would come to seem objectionable to the clergy, ecclesiastical law could claim a place in the legal life of the land. It can be said that the Anglo-Saxon church lacked much that would later seem essential — consistory courts and trained lawyers for example. But law had established a place in the English church that it would not lose.
Hamilton Hess
- Published in print:
- 2002
- Published Online:
- April 2004
- ISBN:
- 9780198269755
- eISBN:
- 9780191601163
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198269757.001.0001
- Subject:
- Religion, Early Christian Studies
An augmented second edition of The Canons of the Council of Sardica, ad 343: A Landmark in the Early Development of Canon Law (Oxford: Clarendon Press, 1958). The earlier historical and ...
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An augmented second edition of The Canons of the Council of Sardica, ad 343: A Landmark in the Early Development of Canon Law (Oxford: Clarendon Press, 1958). The earlier historical and exegetical study of the Serdican canons has been updated from that of the first edition in the light of more recent scholarly treatment of the period and of topics relating to early conciliar legislation and the Serdican canons themselves. The first three chapters—constituting Part I—are completely new, covering successively the beginnings of the conciliar movement in the second century as an inter‐congregational medium for decision‐making, the development of the conciliar system (‘councils’ in the West and ‘synods’ in the East) in the third and early fourth centuries into an exclusively episcopal forum employing the consensus process of the Roman senate and other civil deliberative bodies, the fourth‐century emergence of conciliar legislation in the form that came to be known as ‘canons’, and the final development of conciliar legislative acts from consensual agreements to ecclesiastical law during the fifth and sixth centuries. The Serdican canons are presented and studied both as a series of episcopal enactments that shed light in uniquely important ways on fourth‐century developments of conciliar legislation and as a centrepiece for a study of fourth‐ and fifth‐century church legislation in general. Solutions are presented for problems regarding the form of publication of the Serdican canons, the literary priority between the Greek and Latin texts, and their variant readings. In content, the canons are concerned almost exclusively with questions concerning the episcopate: the appointment of bishops, their working relationships with one another, the provision for appeal to the bishop of Rome for retrial in cases of unjust judgements against them by their peers, the prohibition of uninvited episcopal visits to the imperial court, and the prevention of unjust treatment of the clergy by their bishops. The main conclusion reached in this study is that decision‐making in the early Christian Church followed a significant path of development, following Roman cultural and governmental models, as it moved from congregational self‐rule to a system of ecclesiastical law parallel to and interrelated with the Roman civil code.Less
An augmented second edition of The Canons of the Council of Sardica, ad 343: A Landmark in the Early Development of Canon Law (Oxford: Clarendon Press, 1958). The earlier historical and exegetical study of the Serdican canons has been updated from that of the first edition in the light of more recent scholarly treatment of the period and of topics relating to early conciliar legislation and the Serdican canons themselves. The first three chapters—constituting Part I—are completely new, covering successively the beginnings of the conciliar movement in the second century as an inter‐congregational medium for decision‐making, the development of the conciliar system (‘councils’ in the West and ‘synods’ in the East) in the third and early fourth centuries into an exclusively episcopal forum employing the consensus process of the Roman senate and other civil deliberative bodies, the fourth‐century emergence of conciliar legislation in the form that came to be known as ‘canons’, and the final development of conciliar legislative acts from consensual agreements to ecclesiastical law during the fifth and sixth centuries. The Serdican canons are presented and studied both as a series of episcopal enactments that shed light in uniquely important ways on fourth‐century developments of conciliar legislation and as a centrepiece for a study of fourth‐ and fifth‐century church legislation in general. Solutions are presented for problems regarding the form of publication of the Serdican canons, the literary priority between the Greek and Latin texts, and their variant readings. In content, the canons are concerned almost exclusively with questions concerning the episcopate: the appointment of bishops, their working relationships with one another, the provision for appeal to the bishop of Rome for retrial in cases of unjust judgements against them by their peers, the prohibition of uninvited episcopal visits to the imperial court, and the prevention of unjust treatment of the clergy by their bishops. The main conclusion reached in this study is that decision‐making in the early Christian Church followed a significant path of development, following Roman cultural and governmental models, as it moved from congregational self‐rule to a system of ecclesiastical law parallel to and interrelated with the Roman civil code.
Lindsay R. Moore
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781526136336
- eISBN:
- 9781526144607
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7765/9781526136343.00007
- Subject:
- Law, Legal History
This chapter defines women’s legal status in a variety of legal jurisdictions across the Anglo-American world, and examines how colonists adopted and modified English law in the earliest decades of ...
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This chapter defines women’s legal status in a variety of legal jurisdictions across the Anglo-American world, and examines how colonists adopted and modified English law in the earliest decades of colonisation. It argues that the complexity of the English legal system gave English women a decisive advantage over some of their colonial counterparts. While married women were limited in common law courts by the doctrine of coverture, other legal jurisdictions provided women with alternative avenues for legal redress when defending their property and persons. The two most important jurisdictions for women in England were equity law and ecclesiastical law, which both provided some remedy for the common law’s severity toward women.Less
This chapter defines women’s legal status in a variety of legal jurisdictions across the Anglo-American world, and examines how colonists adopted and modified English law in the earliest decades of colonisation. It argues that the complexity of the English legal system gave English women a decisive advantage over some of their colonial counterparts. While married women were limited in common law courts by the doctrine of coverture, other legal jurisdictions provided women with alternative avenues for legal redress when defending their property and persons. The two most important jurisdictions for women in England were equity law and ecclesiastical law, which both provided some remedy for the common law’s severity toward women.
Lindsay R. Moore
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781526136336
- eISBN:
- 9781526144607
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7765/9781526136343.00008
- Subject:
- Law, Legal History
This chapter offers a quantitative analysis of female litigants in courts across three jurisdictions during the seventeenth century. Though the percentage of female litigants in common law courts ...
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This chapter offers a quantitative analysis of female litigants in courts across three jurisdictions during the seventeenth century. Though the percentage of female litigants in common law courts remained low, an increasing number of women sought legal redress under equity law in England. In those colonies that established courts of chancery based on the English model, such as the Chesapeake Bay colonies and South Carolina, women also had the benefit of an equity jurisdiction that recognised exceptions to the doctrine of coverture. This chapter also presents remarkable evidence that women appeared as plaintiffs and defendants in more than half of the cases heard before the English ecclesiastical law courts, a percentage that far outstrips women’s participation in any court in the colonies.Less
This chapter offers a quantitative analysis of female litigants in courts across three jurisdictions during the seventeenth century. Though the percentage of female litigants in common law courts remained low, an increasing number of women sought legal redress under equity law in England. In those colonies that established courts of chancery based on the English model, such as the Chesapeake Bay colonies and South Carolina, women also had the benefit of an equity jurisdiction that recognised exceptions to the doctrine of coverture. This chapter also presents remarkable evidence that women appeared as plaintiffs and defendants in more than half of the cases heard before the English ecclesiastical law courts, a percentage that far outstrips women’s participation in any court in the colonies.
Mark Hill QC
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198807568
- eISBN:
- 9780191845475
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198807568.003.0001
- Subject:
- Law, Legal Profession and Ethics
This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which ...
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This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.Less
This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.
Michael Haren
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208518
- eISBN:
- 9780191678042
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208518.003.0009
- Subject:
- History, British and Irish Medieval History, Social History
The interrogatories for the clerical order in the Memoriale Presbiterorum begin in the traditional manner with the religious. The author devotes separate sections to the simple religious, and to ...
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The interrogatories for the clerical order in the Memoriale Presbiterorum begin in the traditional manner with the religious. The author devotes separate sections to the simple religious, and to ‘claustrales’, the religious holding cloistral office, and obedientiaries. The topics that form the basis of the Memoriale’s s interrogation of clerics derive from ecclesiastical law, common and local, and having many parallels in the literature of complaint. The general observations with which the author concludes his chapter on secular clerics, however, reveal a bias that is fundamental to his approach to the pastoral cure. He is aware that inadequacies on the part of secular clerics are regarded by the ‘religious’ that is in this context as being a justification for their interference in parish life.Less
The interrogatories for the clerical order in the Memoriale Presbiterorum begin in the traditional manner with the religious. The author devotes separate sections to the simple religious, and to ‘claustrales’, the religious holding cloistral office, and obedientiaries. The topics that form the basis of the Memoriale’s s interrogation of clerics derive from ecclesiastical law, common and local, and having many parallels in the literature of complaint. The general observations with which the author concludes his chapter on secular clerics, however, reveal a bias that is fundamental to his approach to the pastoral cure. He is aware that inadequacies on the part of secular clerics are regarded by the ‘religious’ that is in this context as being a justification for their interference in parish life.
Henry S. Turner
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780226363356
- eISBN:
- 9780226363493
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226363493.003.0003
- Subject:
- Literature, 16th-century and Renaissance Literature
Chapter Three continues the book’s discussion of Elizabethan political philosophy by turning to the period’s most powerful defense of the English Church and English commonwealth as corporations on a ...
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Chapter Three continues the book’s discussion of Elizabethan political philosophy by turning to the period’s most powerful defense of the English Church and English commonwealth as corporations on a grand scale: Richard Hooker’s Of the Laws of Ecclesiastical Polity (1593). The main arguments between Hooker and Presbyterian writers concerned the constitutional arrangement and jurisdictional authority of the Church as a “politic society.” By wielding corporatist arguments with great subtlety, Hooker formulates a philosophy of law that is without parallel among his contemporaries, including the relation between Divine, Natural, and human or positive law. The chapter also examines Hooker’s account of the relation between Church and State and his use of the theological category of the “person.” It shows how his nascent theory of the “public” unites theological and civic life and issues onto a major statement about the nature of sovereignty that anticipates the arguments of Hobbes.Less
Chapter Three continues the book’s discussion of Elizabethan political philosophy by turning to the period’s most powerful defense of the English Church and English commonwealth as corporations on a grand scale: Richard Hooker’s Of the Laws of Ecclesiastical Polity (1593). The main arguments between Hooker and Presbyterian writers concerned the constitutional arrangement and jurisdictional authority of the Church as a “politic society.” By wielding corporatist arguments with great subtlety, Hooker formulates a philosophy of law that is without parallel among his contemporaries, including the relation between Divine, Natural, and human or positive law. The chapter also examines Hooker’s account of the relation between Church and State and his use of the theological category of the “person.” It shows how his nascent theory of the “public” unites theological and civic life and issues onto a major statement about the nature of sovereignty that anticipates the arguments of Hobbes.
Wolfgang P. Müller
- Published in print:
- 2012
- Published Online:
- August 2016
- ISBN:
- 9780801450891
- eISBN:
- 9780801464157
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801450891.001.0001
- Subject:
- History, European Medieval History
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On ...
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Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of “crime” in the modern sense of the word, which distinguished the term sharply from “sin” and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. This book tells the story of how abortion came to be criminalized in the West. It shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom.Less
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of “crime” in the modern sense of the word, which distinguished the term sharply from “sin” and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. This book tells the story of how abortion came to be criminalized in the West. It shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom.
Wolfgang P. Müller
- Published in print:
- 2012
- Published Online:
- August 2016
- ISBN:
- 9780801450891
- eISBN:
- 9780801464157
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801450891.003.0004
- Subject:
- History, European Medieval History
This chapter examines the relationship between jurists and legislators from three different perspectives. It shows that late medieval ecclesiastical and royal statutes concerned with abortion as ...
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This chapter examines the relationship between jurists and legislators from three different perspectives. It shows that late medieval ecclesiastical and royal statutes concerned with abortion as crimen were treated as less than literally binding texts. The glossing activities of law professors freely modified their legislative content in light of prevailing juristic doctrine and proposed restriction or outright rejection whenever academic theory and its systematic appeal seemed compromised. Innovative normative impulses were expected to come instead from the law schools themselves, where, for example, two Bolognese teachers working in the 1340s intervened heavy-handedly in previous learned discourse and denied humanity to the fetus altogether. The absence of interference in momentous legal change on the part of political leaders is further discussed as a reminder of how the criminalizing trends of the twelfth century did not depend on coercive imposition from above but rather occurred spontaneously and in response to the specific needs of a new force in society, the townspeople. Jurisprudence spread from important centers of urbanization outward and did so with or without the assistance of top-down command.Less
This chapter examines the relationship between jurists and legislators from three different perspectives. It shows that late medieval ecclesiastical and royal statutes concerned with abortion as crimen were treated as less than literally binding texts. The glossing activities of law professors freely modified their legislative content in light of prevailing juristic doctrine and proposed restriction or outright rejection whenever academic theory and its systematic appeal seemed compromised. Innovative normative impulses were expected to come instead from the law schools themselves, where, for example, two Bolognese teachers working in the 1340s intervened heavy-handedly in previous learned discourse and denied humanity to the fetus altogether. The absence of interference in momentous legal change on the part of political leaders is further discussed as a reminder of how the criminalizing trends of the twelfth century did not depend on coercive imposition from above but rather occurred spontaneously and in response to the specific needs of a new force in society, the townspeople. Jurisprudence spread from important centers of urbanization outward and did so with or without the assistance of top-down command.
Mark Hill QC
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198807568
- eISBN:
- 9780191845475
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198807568.001.0001
- Subject:
- Law, Legal Profession and Ethics
This fourth edition has been revised and updated to take account of significant changes in the substantive law, specifically: the effects of the Ecclesiastical Jurisdiction and Care of Churches ...
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This fourth edition has been revised and updated to take account of significant changes in the substantive law, specifically: the effects of the Ecclesiastical Jurisdiction and Care of Churches Measure 2017; the overhaul of the procedure in the Consistory Court in consequence of the Faculty Jurisdiction Rules 2015; substantial repeals in the Statute Law (Repeals) Measure 2017 and the new procedure under the Legislative Reform Measure 2017; the effect of the House of Bishops' Declaration on the Ministry of Bishops and Priests concerning provision for traditionalists; and the role of the Independent Reviewer under the Priests (Resolution of Disputes Procedure) Regulations 2014. The book offers commentary, analysis, and various materials. Materials include: the Canons of the Church of England, together with the Measures and Rules (updated to 2018) regulating the faculty jurisdiction and clergy discipline.Less
This fourth edition has been revised and updated to take account of significant changes in the substantive law, specifically: the effects of the Ecclesiastical Jurisdiction and Care of Churches Measure 2017; the overhaul of the procedure in the Consistory Court in consequence of the Faculty Jurisdiction Rules 2015; substantial repeals in the Statute Law (Repeals) Measure 2017 and the new procedure under the Legislative Reform Measure 2017; the effect of the House of Bishops' Declaration on the Ministry of Bishops and Priests concerning provision for traditionalists; and the role of the Independent Reviewer under the Priests (Resolution of Disputes Procedure) Regulations 2014. The book offers commentary, analysis, and various materials. Materials include: the Canons of the Church of England, together with the Measures and Rules (updated to 2018) regulating the faculty jurisdiction and clergy discipline.
Judith Herrin (ed.)
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9781846311772
- eISBN:
- 9781846316753
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/UPO9781846316753.010
- Subject:
- History, History of Religion
Studies on the Fourth Ecumenical Council of Chalcedon have frequently neglected the canons attached to it. In the oldest Latin version and the Greek manuscript tradition of the Acts of Chalcedon, the ...
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Studies on the Fourth Ecumenical Council of Chalcedon have frequently neglected the canons attached to it. In the oldest Latin version and the Greek manuscript tradition of the Acts of Chalcedon, the twenty-seven canons are inserted as ‘the seventh act’, as if they formed part of the agreed record of the council. The debate over Canon 28, which is numbered to follow on from the other 27, forms the seventeenth session in the Greek acts and the sixteenth in the Latin. The canons became part of the ecclesiastical law of the Church and are cited in sixth-century lists. This chapter examines the fate of Canon 28, which confirmed the standing of Constantinople as the leading patriarchal see in the ecclesiastical hierarchy of the east, with an authority comparable to that of Old Rome. It also traces the continuity of concern about particular features of clerical life that feature in the 27 canons.Less
Studies on the Fourth Ecumenical Council of Chalcedon have frequently neglected the canons attached to it. In the oldest Latin version and the Greek manuscript tradition of the Acts of Chalcedon, the twenty-seven canons are inserted as ‘the seventh act’, as if they formed part of the agreed record of the council. The debate over Canon 28, which is numbered to follow on from the other 27, forms the seventeenth session in the Greek acts and the sixteenth in the Latin. The canons became part of the ecclesiastical law of the Church and are cited in sixth-century lists. This chapter examines the fate of Canon 28, which confirmed the standing of Constantinople as the leading patriarchal see in the ecclesiastical hierarchy of the east, with an authority comparable to that of Old Rome. It also traces the continuity of concern about particular features of clerical life that feature in the 27 canons.
Robert F. Rogers
- Published in print:
- 2011
- Published Online:
- November 2016
- ISBN:
- 9780824833343
- eISBN:
- 9780824870287
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824833343.003.0005
- Subject:
- Society and Culture, Pacific Studies
This chapter examines the conditions in the Marianas while under Spanish rule. The Spanish government in the Marianas was led by the gobernador político-militar, who combined all civil and military ...
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This chapter examines the conditions in the Marianas while under Spanish rule. The Spanish government in the Marianas was led by the gobernador político-militar, who combined all civil and military responsibilities in direct authoritarian rule. The governor issued orders by edicts (bandos) and also acted as judge and chief of police. The legal system of the Marianas, like the Philippines, came under the church’s ecclesiastical law as well as the Spanish civil and criminal code called the Law of the Indies, which had been created originally for the Spanish colonies in the Americas but was amended to apply to the Philippines and the Marianas as well. There was no separation of church and state. Spanish justice in the colonies employed retributive punishment, often severe. All this was normal in European colonies worldwide at the time.Less
This chapter examines the conditions in the Marianas while under Spanish rule. The Spanish government in the Marianas was led by the gobernador político-militar, who combined all civil and military responsibilities in direct authoritarian rule. The governor issued orders by edicts (bandos) and also acted as judge and chief of police. The legal system of the Marianas, like the Philippines, came under the church’s ecclesiastical law as well as the Spanish civil and criminal code called the Law of the Indies, which had been created originally for the Spanish colonies in the Americas but was amended to apply to the Philippines and the Marianas as well. There was no separation of church and state. Spanish justice in the colonies employed retributive punishment, often severe. All this was normal in European colonies worldwide at the time.