Download or read book Pionniers du droit occidental au Moyen Age written by André Gouron and published by Taylor & Francis. This book was released on 2023-05-31 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Pioneers' seems fitting to Professor Gouron to describe the jurists (civilists) of the 12th-century Latin West, that were the bearers of a new science, born in Bologna about 1100. Away from Bologna these pioneers were isolated, scattered from Scotland to Styria or Catalonia, and no more than one hundred can now be identified. These people, and their manuscripts and the relationships between them, are the subject of this collection, the fifth in the Variorum series by André Gouron, himself to be regarded as a pioneer in this field of research. This volume brings together twenty-two studies which have appeared since 1997 in widely scattered publications, often hard to access, along with additional notes and indexes.

Download or read book William of Ockham s Early Theory of Property Rights in Context written by Jonathan William Robinson and published by BRILL. This book was released on 2012-11-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: William of Ockham's (ca. 1288-1347) Opus nonaginta dierum has long been of interest to historians for his theory of rights. Yet the results of this interest has been uneven because most studies do not take sufficient account of the defences of Franciscan poverty already articulated by his fellow Franciscans, Bonagratia of Bergamo, Michael of Cesena, and Francis of Marchia. This book therefore presents and analyzes Ockham's account of property rights alongside those of his confreres. This contextualization of Ockham’s theory corrects many misconceptions about his theory of property, natural law, and natural rights, and therefore also provides a new foundation for studies of his political oeuvre, intellectual development, and significance as a political theorist.

Download or read book William of Ockham s Early Theory of Property Rights in Context written by Jonathan Robinson and published by BRILL. This book was released on 2012-11-23 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes William of Ockham's early theory of property rights alongside those of his fellow dissident Franciscans, paying careful attention to each friar's use of Roman and civil law, which provided the conceptual building blocks of the poverty controversy.

Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

Download or read book Order in the Court Medieval Procedural Treatises in Translation written by Bruce Brasington and published by BRILL. This book was released on 2016-03-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Order in the Court, Brasington translates for the first time selected twelfth-century treatises on procedure in ecclesiastical courts. He also provides an introduction to Roman and canon-law procedure as well as commentary on the works.

Download or read book War Government and Society in the Medieval Crown of Aragon written by Donald J. Kagay and published by Ashgate Publishing, Ltd.. This book was released on 2007 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this collection of articles by Donald J. Kagay is the effect of the expansion of royal government on the societies of the medieval Crown of Aragon. He traces how, in the long conflicts against Spanish Islam and neighbouring Christian states during the 13th and 14th centuries, the relationships of royal to customary law, of monarchical to aristocratic power, and of Christian to Jewish and Muslim populations, all became issues that marked the transition of the medieval Crown of Aragon to the early modern states of Catalonia, Aragon and Valencia.

Download or read book The Cambridge History of Medieval Canon Law written by Anders Winroth and published by Cambridge University Press. This book was released on 2022-01-27 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.

Download or read book The Use of Canon Law in Ecclesiastical Administration 1000 1234 written by and published by BRILL. This book was released on 2018-11-05 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Use of Canon Law in Ecclesiastical Administration, 1000–1234 integrates the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice.

Download or read book Gratian and the Schools of Law 1140 1234 written by Stephan Kuttner and published by Routledge. This book was released on 2018-10-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.

Download or read book Readers Texts and Compilers in the Earlier Middle Ages written by Martin Brett and published by Routledge. This book was released on 2017-05-15 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the focus but also range of their honorand's work in medieval canon law in the era before Gratian, the essays in this volume explore the creation and transmission of canonical texts and the motives of their compilers but also address the issues of how the law was interpreted and used by diverse audiences in the earlier middle ages, with especial focus on the eleventh and early twelfth centuries. These issues have lain at the heart of Linda Fowler-Magerl's distinguished body of scholarly work on judicial ordines and procedural literature, on the transmission of canonical texts and their formal sources before Gratian, and perhaps most especially her pioneering role in the creation of a database of canon law manuscripts before Gratian now published as Clavis canonum. Linda Fowler-Magerl's work has fundamentally transformed our understanding of canonistic activity in the era before Gratian and its reception across the Church throughout Europe. Individually the scholars whose studies are included in this volume offer new viewpoints on several key issues and questions relating to the creation of canonical texts, the concerns of their compilers and the transmission of their work, as well as the use of such texts by readers with the most various interests in the period. As a whole, the volume contributes to an understanding of the increasing importance of the written law for a far wider circle than Roman reformers and local advocates. These issues are especially highlighted by the editors' introduction.

Download or read book Canon Law in the Age of Reforms ca 1000 to Ca 1150 written by Christof Rolker and published by CUA Press. This book was released on 2023-09-21 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the history of canon law in Western Europe between ca. 1000 and ca. 1150, specifically the collections compiled and the councils held in that time. The main part consists of an analysis of all major collections, taking into account their formal and material sources, the social and political context of their origin, the manuscript transmission, and their reception more generally. As most collections are not available in reliable editions, a considerable part of the discussion involves the analysis of medieval manuscripts. Specialized research is available for many but not all these works, but tends to be scattered across miscellaneous publications in English, German, French, Italian, and Spanish; one purpose of the book is thus to provide relatively uniform, up-to-date accounts of all major collections of the period. At the same time, the book argues that the collections are much more directly influenced by the social milieux from which they emerged, and that more groups were involved in the development of high medieval canon law than it has previously been thought. In particular, the book seeks to replace the still widely held belief that the development of canon law in the century before Gratian's Decretum (ca. 1140) was largely driven by the Reform papacy. Instead, it is crucial to take into account the contribution of bishops, monks, and other groups with often conflicting interests. Put briefly, local needs and conflicts played a considerably more important role than central (papal) 'reform', on which older scholarship has largely focused.

Download or read book Pope Innocent II 1130 43 written by John Doran and published by Routledge. This book was released on 2016-06-10 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pontificate of Innocent II (1130-1143) has long been recognized as a watershed in the history of the papacy, marking the transition from the age of reform to the so-called papal monarchy, when an earlier generation of idealistic reformers gave way to hard-headed pragmatists intent on securing worldly power for the Church. Whilst such a conception may be a cliché its effect has been to concentrate scholarship more on the schism of 1130 and its effects than on Innocent II himself. This volume puts Innocent at the centre, bringing together the authorities in the field to give an overarching view of his pontificate, which was very important in terms of the internationalization of the papacy, the internal development of the Roman Curia, the integrity of the papal state and the governance of the local church, as well as vital to the development of the Kingdom of Sicily and the Empire.

Download or read book Canon Law Religion and Politics written by Uta-Renate Blumenthal and published by CUA Press. This book was released on 2012-07-02 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history.

Download or read book Pope Alexander III 1159 81 written by Anne J. Duggan and published by Routledge. This book was released on 2016-04-22 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander III was one of the most important popes of the Middle Ages and his papacy (1159-81) marked a significant watershed in the history of the Western Church and society. This book provides a long overdue reassessment of his papacy and his achievements, bringing together thirteen essays which review existing scholarship and present the latest research and new perspectives. Individual chapters cover topics such as Alexander's many contributions to the law of the Church, which had a major impact upon Western society, notably on marriage, his relations with Byzantium, and the extension of papal authority at the peripheries of the West, in Spain, Northern Europe and the Holy Land. But dominant are the major clashes between secular and spiritual authority: the confrontation between Henry II of England and Thomas Becket after which Alexander eventually secured the king's co-operation and the pope's eighteen-year conflict with the German emperor, Frederick I. Both the papacy and the Western Church emerged as stronger institutions from this struggle, largely owing to Alexander's leadership and resilience: he truly mastered the art of survival.

Download or read book Histoire du droit romain au moyen age written by Friedrich Karl von Savigny and published by . This book was released on 1830 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ecrits juridiques du Moyen Age occidental written by Pierre Legendre and published by Variorum Publishing. This book was released on 1988 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: One important feature of medieval law is precisely that it does form the essential link between the Roman law of Antiquity and the main legal constructions of Western Europe; indeed, the very process of referring to legal texts, Professor Legendre points out, bears the imprint of the lawyers of the 11th - 12th centuries. In these articles he emphasizes the primary necessity of looking at the texts: to see how and why medieval jurists interpreted previous legislation and adapted it to their own time, one must first see what they actually wrote. On this basis he analyses some of the construction of medieval jurisprudence and medieval approaches to questions that remain of relevance. One article examines the influence of Bartolus and the development of anti-scholastic tendencies in French legal thought; another, in contrast, considers the dogmatic function of law, from the Middle Ages up to modern times. A particular theme is the interplay of thought and practice: neither should be schematically opposed to the other, for in a real sense, he contends, each acted upon the other.

Download or read book Habiller en latin written by Françoise Fery-Hue and published by Ecole nationale des chartes. This book was released on 2018 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Parmi les différentes formes empruntées par la traduction en tant que processus de transfert des idées et des savoirs constitués dès le Moyen Âge, la traduction vers le latin des oeuvres nées vernaculaires apparaît aux XVe et XVIe siècles en pleine mutation. L'étude de cette véritable technique intellectuelle, souvent associée à la pratique du commentaire, doit tenir compte de facteurs multiples : l'essor d'une littérature originale dans les langues vernaculaires tardo-médiévales ; l'apparition du livre imprimé qui modifie considérablement la diffusion des oeuvres ; les bouleversements économiques, politiques et religieux, la Réforme et la Contre-Réforme ayant utilisé de manière très différente le latin, langue de l'Église et langue des savoirs occidentaux. Quand la traduction des textes latins vers les locuteurs nationaux est bien connue, que représente le phénomène qui fait passer du vernaculaire au latin? Au Moyen Âge déjà, ce phénomène relève autant de la pure "translation" que de l'adaptation. À la Renaissance, l'étude de la traduction vers le latin se révèle d'une richesse inattendue : des modalités de la diffusion des savoirs, jusqu'alors méconnues, apparaissent et tous les champs de la connaissance sont touchés. Examiner ces traductions "en sens inverse" revient à renouveler la lecture que les historiens font de la culture des XVe et XVIe siècles, à restituer des évolutions progressives et, au-delà des prétendues ruptures souvent avancées par l'historiographie, à mettre en évidence des contiguïtés culturelles profondes entre la culture médiévale et celle des premiers temps modernes."--Page 4 of cover.