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Book
xiv, 311 pages ; 24 cm.
Law Library (Crown)
Book
xvii, 286 pages ; 22 cm.
  • Introduction
  • The Matrimonial Tribunal and the procedure in marriage litigations
  • Witnesses and testimony
  • The office of the judge : mediation, inquisition, confession
  • "Maybe so" : marriage and consent in pre-Tridentine Venice
  • Venetian "matrimoniallia" : a quantitative analysis (1420-1500)
  • Conclusions.
This book investigates the actions of marriage tribunals by analyzing the richest source of marriage suits extant in Italy, those of the Venetian ecclesiastical tribunal, between 1420 and the opening of the Council of Trent. It offers a strongly representative overview of the changes the Council introduced to centuries-old marriage practices, relegating it to the realm of marginality and deviance and nearly erasing the memory of it altogether. From the eleventh century onward, the Church assured itself of a jurisdictional monopoly over the matter of marriage, operating both in concert and in conflict with secular authorities by virtue of marriage's civil consequences, the first of which regarded the legitimacy of children. Secular tribunals were responsible for patrimonial matters between spouses, though the Church at times inserted itself into these matters either directly, by substituting itself for the secular authority, or indirectly, by influencing Rulings through their own sentences. Lay magistratures, for their part, somewhat eroded the authority of ecclesiastical tribunals by continuing to exercise autonomous jurisdiction over marriage, especially regarding separation and crimes strictly connected to the nuptial bond and its definition, including adultery, bigamy, and rape.
(source: Nielsen Book Data)9783319387994 20170703
Law Library (Crown)
Book
218 pages ; 24 cm
  • Introduction
  • La formation de l'esprit classique en France
  • La renaissance du droit romain
  • L'éclosion d'un savant
  • En route vers la renommée
  • Au faîte des honneurs
  • Cujas, les glossateurs et les bartolistes
  • La vieillesse, la retraite et la mort
  • Cujas après Cujas
  • Conclusion.
Law Library (Crown)
Book
xlviii, 311 pages ; 24 cm.
Gratian's Decretum is one of the major works in European history, a text that in many ways launched the field of canon law. In this new volume, Atria Larson presents to students and scholars alike a critical edition of De penitentia (Decretum C.33 q.3), the foundational text on penance, both for canon law and for theology, of the twelfth century. This edition takes into account recent manuscript discoveries and research into the various recensions of Gratian's text and proposes a model for how a future critical edition of the entire Decretum could be formatted by offering a facing-page English translation. This translation is the first of this section of Gratian's De penitentia into any modern language and makes the text accessible to a wider audience. Both the Latin and the English text are presented in a way to make clear the development of Gratian's text in various stages within two main recensions. The edition and translation are preceded by an introduction relating the latest scholarship on Gratian and his text and are followed by three appendices, including one that provides a transcription of the relevant text from the debated manuscript Sankt Gallen, Stiftsbibliothek 673, and one that lists possible formal sources and related contemporary texts. This book provides a full edition and translation of the text studied in depth in Master of Penance: Gratian and the Development of Penitential Thought and Law in the Twelfth Century (CUA Press, 2014) by the same author.
(source: Nielsen Book Data)9780813228679 20170621
Law Library (Crown)
Book
x, 201 pages ; 21 cm.
  • Introducción
  • Contexto histórico del Concilio
  • Apertura y primeros trabajos del Concilio Provincial
  • Los procesos de redacción de los Decretos
  • Conclusiones acerca de la producción legal en la Tercer Councilio Provincial Mexicano
  • Apéndice: Iter redaccional de decretos de acuerdo a los apuntamientos de Juan de Salcedo.
"The decrees of the Third Mexican Provincial Council, celebrated in 1585, had an important impact on the organization of the colonial Church and Spanish-American society, from the time they were published in 1622 until the nineteenth century. This research focuses on how the decrees were drafted, taking into consideration the working materials used in the conciliar meeting room by the bishops and their assistants, and thus highlighting the intentions of the conciliar fathers in their new and original elaboration of both Canon Law and Derecho Indiano"-- Page [4] of cover.
Law Library (Crown)
Book
volumes ; 23 cm
  • I. 1369 semblanzas del ano 1000 al 2015
Law Library (Crown)
Book
xiii, 386 p. ; 24 cm.
  • Ivo of Chartres : "life and letters"?
  • Canon law before Ivo
  • Collections known to or compiled by Ivo
  • The canon law in Ivo's correspondence
  • Hierarchies of authority : Ivo's views on divine law and the ecclesiastical hierarchy
  • The laws of marriage : "quod et natura disposuit et lex tam ecclesiastica quam mundana firmavit"
  • Ivo's Decretum and the Panormia : character, reception, authorship
  • Ivo's pastoral canon law and his place in legal history.
Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo's extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.
(source: Nielsen Book Data)9780521766821 20160603
Law Library (Crown)
Book
xiii, 246 p. ; 25 cm.
  • Introduction
  • Hugh of Die : bishop, archbishop, and legate
  • The legatine office under Gregory VII
  • Law and reform : theory and practice
  • Legatine education and training
  • Towards reform in France
  • Conclusion.
Law Library (Crown)
Book
202 p. : ill., map ; 24 cm.
Law Library (Crown)
Book
3 v. : ill ; 24 cm.
  • v. 1. Zivil- und Zivilprozessrecht
  • v. 2. Öffentliches Recht
  • v. 3. Straf- und Strafprozessrecht.
Law Library (Crown)
Book
vii, 200 p. ; 24 cm.
  • Introduction-- Part I. Tradition and Continuity: 1. Who's who in the Shari'a-- 2. The law: how is it found?-- 3. The legal schools-- 4. Jurists, legal education and politics-- 5. Shari'a's society-- 6. Pre-modern governance: the circle of justice-- Part II. Modernity and Ruptures: 7. Colonizing the Muslim world and its Shari'a-- 8. Modernizing the law in the age of nation states-- 9. State, ulama and Islamists-- 10. Shari'a then and now: concluding notes.
  • (source: Nielsen Book Data)9780521861465 20160528
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
(source: Nielsen Book Data)9780521861465 20160528
Law Library (Crown)
Book
xii, 344 p. ; 24 cm.
  • Introduction-- Part I Background: The methodology of this study-- The Decretum-- The Decretum in the context of other medieval canon law books-- Who was Burchard of Worms?-- Finding Burchard's vision of canon law in the Preface and the Decretum canons on jurisprudence-- Part II Burchard's Editing Priorities: The presentation of the Decretum's canons-- The authority of the Decretum's canons-- Eliminating conflicts between canons-- Presenting a comprehensive vision of the Church's law-- The result of the editing priorities: the substantive law of Decretum books 6, 10, 11 and 12-- Part III Implications: Making sense of Burchard's textual alterations-- Theology and canon law around the year 1000-- Conclusion-- Table1 The structure of Decretum book 6 as compared to the parallel section in the Libri duo-- Table 2 Decretum book 6, on homicide and murder-- Table 3 Decretum book 10, on practices and beliefs condemned as non-Christian, and on contentiousness-- Table 4 Dercretum book 11, on excommunication and theft-- Table 5 Decretum book 12, on oaths and breaking oaths-- Table 6 The Libri duo section on oaths and perjury which provided canons to the Decretum-- Table 7 Burchard's reworking of the Libri duo canons-- Index.
  • (source: Nielsen Book Data)9780754650911 20160605
This study of Burchard's "Decretum", a popular book of Catholic canon law compiled just after the year 1000, sheds new light on the development of law and theology long before the Gregorian Reform, normally considered as a watershed in the history of the Latin Church. Practical episcopal concerns and an appreciation of new scholarly methods led Burchard to be dissatisfied with the quality of contemporary jurisprudence and particularly with the teaching texts available to local bishops.Drawing upon new manuscript discoveries, the author shows how Burchard tried to create a new text that would address these problems. He carefully selected and compiled canons from earlier collections and then went on to tamper systematically with the texts he had chosen. By doing so, he created a book of church law that appeared to be based on indisputable authority, that was internally consistent and that was easy to apply through logical extrapolation to new cases. The present study thus provides a window into the development of legal and theological reasoning in the medieval West, and suggests that, thanks to the work of ambitious bishops, the flowering of law and theology began far earlier, and for different reasons, than scholars have heretofore supposed.
(source: Nielsen Book Data)9780754650911 20160605
Law Library (Crown)
Book
xiii, 442 p. ; 25 cm.
  • The establishment of normative legal texts : the beginnings of the Ius commune / Michael H. Hoeflich and Jasonne M. Grabher
  • Gratian and the Decretum Gratiani / Peter Landau
  • The development of the Glossa ordinaria to Gratian's Decretum / Rudolf Weigand
  • The teaching and study of canon law in the law schools / James A. Brundage
  • The Decretists : the Italian school / Kenneth Pennington and Wolfgang P. Miller
  • The Transmontane Decretists / Rudolf Weigand
  • The Decretalists 1190-1234 / Kenneth Pennington
  • Decretal collections from Gratian's Decretum to the Compilationes antiquae : the making of the new case law / Charles Duggan
  • Decretal collections 1190-1234 / Kenneth Pennington
  • Conciliar law 1123-1215 : the legislation of the Four Lateran Councils / Anne J. Duggan
  • The Fourth Lateran Council and the canonists / A. García y García
  • The internal forum and the literature of penance / Joseph Goering.
Gratian has long been called the father of Canon Law. This latest volume in the ongoing "History of Medieval Canon Law" series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.Gratian's contributions to the birth of canon law and European jurisprudence were significant: he introduced a new methodology of teaching law by using hypothetical cases and by integrating - and inserting in the texts themselves - his own comments on the canons. He also used the dialectical method to analyze legal problems that he raised in his cases. Though this methodology was first developed by Peter Abelard and others in the schools of Northern France, Gratian was the first to apply it to legal texts with the publication of his Decretum (ca. 1140). Because the Decretum was not just a collection of texts but an analysis of the sources and doctrines of ecclesiastical law, his book enjoyed immediate success across Europe. The Decretum was adopted by teachers from England to Italy and Germany to Spain. Gratian's successors later applied his methodology to the papal appellate decisions (decretals) that gradually became the foundation of canon law in the later Middle Ages.In this volume, distinguished legal historians contribute noteworthy essays on the commentaries on Gratian, the beginnings of decretal collections and commentaries on them, and the importance of conciliar legislation for the growth of canon law. There are also chapters on the influence of Roman law on canon law and the teaching of canon law in law schools.Contributors are James A. Brundage, Anne Duggan, Charles Duggan, A. Garcia y Garcia, Joseph Goering, Michael H. Hoeflich, Peter Landau, Wolfgang P. Muller, Jasonne Grabher O'Brien, Kenneth Pennington, and Rudolf Weigand.
(source: Nielsen Book Data)9780813214917 20160528
Law Library (Crown)
Book
ix, 39 p. ; 21 cm.
Law Library (Crown)
Book
x, 300 p. ; 24 cm.
  • INTRODUCTION-- 1. THE JUSTIFICATION OF THE INTERDICT IN MEDIEVAL THOUGHT-- 2. KINDS OF INTERDICT-- 3. LAYING OF INTERDICTS-- 4. THE TERMS OF AN INTERDICT-- 5. THE INTERDICT IN ACTION-- 6. THE LIFTING OF INTERDICTS-- CONCLUSIONS.
  • (source: Nielsen Book Data)9780199208609 20160528
The interdict was an important and frequent event in medieval society. It was an ecclesiastical sanction which had the effect of closing churches and suspending religious services. Often imposed on an entire community because its leaders had violated the rights and laws of the Church, popes exploited it as a political weapon in their conflicts with secular rulers during the thirteenth century. In this book, Peter Clarke examines this significant but neglected subject, presenting a wealth of new evidence drawn from manuscripts and archival sources. He begins by exploring the basic legal and moral problem raised by the interdict: how could a sanction that punished many for the sins of the few be justified? From the twelfth-century, jurists and theologians argued that those who consented to the crimes of others shared in the responsibility and punishment for them. Hence important questions are raised about medieval ideas of community, especially about the relationship between its head and members. The book goes on to explore how the interdict was meant to work according to the medieval canonists, and how it actually worked in practice. In particular it examines princely and popular reactions to interdicts and how these encouraged the papacy to reform the sanction in order to make it more effective. Evidence including detailed case-studies of the interdict in action, is drawn from across thirteenth-century Europe - a time when the papacy's legislative activity and interference in the affairs of secular rulers were at their height.
(source: Nielsen Book Data)9780199208609 20160528
Law Library (Crown)
Book
xv, 404 p. ; 24 cm.
In this volume, dedicated to medieval canon law expert Kenneth Pennington, leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. The stellar cast assembled by editors Wolfgang P. Muller and Mary E. Sommar includes younger scholars as well as long-established specialists in the field. Muller's introduction provides the first comprehensive survey of investigative trends in the field in more than twenty years. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century. The first section concentrates on the canonical tradition before the advent of academic legal studies in the twelfth century. The second addresses the formation of canonistic theory. The third and fourth sections consider the intellectual exchanges between canon law and other fields of study, as well as the practical application of canons in day-to-day court proceedings. Though the twenty-seven essays included in this volume are quite diverse, taken together they provide an outstanding overview of the latest research and cutting-edge scholarship on the topic. Kenneth Pennington is Kelly-Quinn Professor of Ecclesiastical and Legal History at the Catholic University of America. He is the author of numerous works including "Pope and Bishops: The Papal Monarchy in the Twelfth and Thirteenth Centuries" and "The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition", and is coeditor of the CUA Press series, "History of Medieval Canon Law".
(source: Nielsen Book Data)9780813214627 20160528
Law Library (Crown)
Book
xi, 335 p. ; 23 cm.
Law Library (Crown)
Book
1 v. (various pagings) : ill. ; 23 cm.
Law Library (Crown)
Book
xi, 279 p. ; 23 cm.
  • 1. The Conciliar Movement-- 2. The Emergence of Canonical Legislation-- 3. The Development of an Ecclesiastical Rule of Law-- 4. THE COUNCIL AT SERDICA-- 5. Historical and Textual Problems-- 6. Early Textual Transmission and Development-- 7. THE APPOINTMENT OF BISHOPS-- 8. The Translation of Bishops and Other Clergy-- 9. The Appeal Canons-- 10. Episcopal Visits to the Imperial Court-- THE NUMBERING SYSTEMS OF THE SERDICAN CANONS-- TEXTS AND TRANSLATIONS OF THE SERDICAN CANONS.
  • (source: Nielsen Book Data)
When first published in 1958, The Canons of the Council of Sardica, AD 343 at once became the standard account of the canons passed by the Western bishops assembled at Serdica in 343 and the thinking on Church matters that lay behind them. In this new edition Hamilton Hess has updated his account in the light of recent literature and translated all quotations into English to reach a wider audience. There is also a new section on the development of canons in the early Church from local provisions to general rules, and an appendix with the full texts of the canons in the original Latin, in the Greek translation, and in the recasting by Theodours Diaconus, together with English translations of all three.
(source: Nielsen Book Data)
Law Library (Crown)
Book
x, 183 p. ; 25 cm.
  • Authorship - the case of Ecgberht and Hucarius-- the two recensions-- the extent of the "Collection"-- Aelfric's "Letters" and the "Collection"-- the "Collection" and other aides to Wulfstan-- sources-- manuscripts-- texts and translations - "Recension A", "Recension B".
  • (source: Nielsen Book Data)9780859915342 20160528
The new series, 'Anglo-Saxon Texts', offers scholarly editions of important texts from Anglo-Saxon England, with suitable apparatus and accurate modern English translations, informative general introductions and full historical and literary commentaries. This first volume in the series presents the first edited version of the canon collection associated with two of the key literary figures of the late Anglo-Saxon period: A lfric, abbot of Eynsham (d. after 1006), and Wulfstan, bishop ofWorcester and archbishop of York (d. 1023). Although of considerable importance, its textual problems (how many items comprise the collection? When, and by whom, was it composed?) have made proper critical study difficult. This edition aims to answer the need; the texts of the two recensions are edited with full critical apparatus of the five known manuscripts, a detailed study of sources, an English translation, and an introductory essay on the text and its background. Dr ANDREW HAMER teaches at the University of Liverpool.
(source: Nielsen Book Data)9780859915342 20160528
Law Library (Crown)