New Discourses in Medieval Canon Law Research


Book Description

New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.




On Hospitals


Book Description

A ground breaking study, On Hospitals explores welfare institutions in western law in the middle ages and establishes a legal model for the hospital. Running against orthodox opinion, Watson places welfare institutions, rather than Church-run organisations, at the heart of the medieval hospital's history.




Canon Law in the Age of Reforms (ca. 1000 to Ca. 1150)


Book Description

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.




Great Christian Jurists in the Low Countries


Book Description

What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.




The Legal Legacy of the Reformation


Book Description

The growing interest in the relationship between religion and law is, in the case of Christianity, often viewed in monolithic terms. Moreover, the debate is often seen in terms of the relationship of Christianity to the state along with discussions about, for example, religious freedom. Christianity is often seen as responding to claims made on it by the state and by the growth of secularism. This book takes a different approach. First, it makes the claim that Christianity has something of value to say about various pressing issues which are of direct relevance to contemporary society. Amongst these are the place of human rights and that of individual claims of conscience. Second, it does not regard Christianity as a monolithic whole but takes as its starting point the sundering of Christendom at the Reformation, which, it claims, led in many cases to divergent patterns of thought between Catholics and Protestants about law and its place in society. However, as this book shows, in many cases, Catholic and Protestant thinking on areas such as natural law is not as divergent as it is often thought. Five hundred years after the Reformation, the work presents a reflection on the roots of Catholic and Protestant thinking on law and its place in society. It will be of interest to canon lawyers as well as academics and students of law and religion.




Historicizing Secular-Religious Demarcations


Book Description

This volume aims to revitalize the exchange between sociological differentiation theory and the sociology of religion, which previously held center stage among the sociological classics. It brings together contributions from different disciplines, as well as various forms of regional and historical expertise, which are indispensable in forming a globally oriented sociological perspective today. Secularization is understood as a process of boundary demarcation, that is, as the enactment of semantic, practical, and institutional distinctions between religion and other spheres of activity and knowledge. These distinctions may emerge from within the religious field itself, or may be absorbed into the field having originally emerged elsewhere. They may even be directly imposed upon religion by external forces. The volume is therefore based on the premise that societal differentiation – and secularity as a specific expression of it – is a widespread structural feature that nonetheless takes on various forms, depending on its historical and cultural context. In order to make this diversity visible, the volume adopts a global comparative perspective, and examines historical distinctions and differentiations in the West and beyond. By examining different forms and modes of secularity in statu nascendi, the volume contributes to developing a better understanding of the diversity of secularities, even of those found in the present day, in terms of their historicity and their specific path dependencies. With this shift in perspective, this special volume initiates a global and historical turn in the theory of differentiation, as well as in the study of secularity.




Standardization in the Middle Ages


Book Description

We live in a world riven through with standards. To understand more of their deep, rich past is to understand ourselves better. The two volumes, Standardization in the Middle Ages. Volume 1: The North and Standardization in the Middle Ages. Volume 2: Europe, turn to the Middle Ages to give a deeper understanding of the medieval ideas and practices that produced--and were produced by--standards and standardization. At first glance, the Middle Ages might appear an unlikely place to look for standardization. The editors argue that, on the contrary, generating predictability is a precondition for meaningful cultural interaction in any historical period and that we may look to the Middle Ages to learn more about the historical, social, and cognitive processes of standardization. This multidisciplinary venture, which includes medievalists from the fields of history, intellectual history, art history, philology, numismatics, and more, as well as scholars of cognitive science, informatics, and anthropology, interrogates how medieval people and groups envisioned and enforced predictability, uniformity, and order, and how they attempted to obtain and maintain standards across vast distances and heterogeneous social and cultural structures.




Gratian the Theologian


Book Description

Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian's Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence.




Constance of France


Book Description

Constance of France: Womanhood and Agency in Twelfth-Century Europe is a biography of Constance of France, sister of King Louis VII of France. Myra Bom recovers Constance’s life story and puts it in its medieval context by examining the historical evidence of chronicles, charters, seal imprints and letters. The countess’s long and interesting life makes for women’s history with a large geographical scope, including France, England, Toulouse and the Latin East. It touches on many aspects of life during the Middle Ages such as birth, marriage and divorce, gender roles, experience of time, and expectation for the afterlife. Bom demonstrates how and to what extent medieval women could, and did, take control of their own lives. This book is an account of the interplay of historical context and agency.




Trafficking with Demons


Book Description

Trafficking with Demons explores how magic was perceived, practiced, and prohibited in western Europe during the first millennium CE. Through the overlapping frameworks of religion, ritual, and gender, Martha Rampton connects early Christian reckonings with pagan magic to later doctrines and dogmas. Challenging established views on the role of women in ritual magic during this period, Rampton provides a new narrative of the ways in which magic was embedded within the foundational assumptions of western European society, informing how people understood the cosmos, divinity, and their own Christian faith. As Rampton shows, throughout the first Christian millennium, magic was thought to play a natural role within the functioning of the universe and existed within a rational cosmos hierarchically arranged according to a "great chain of being." Trafficking with the "demons of the lower air" was the essense of magic. Interactions with those demons occurred both in highly formalistic, ritual settings and on a routine and casual basis. Rampton tracks the competition between pagan magic and Christian belief from the first century CE, when it was fiercest, through the early Middle Ages, as atavistic forms of magic mutated and found sanctuary in the daily habits of the converted peoples and new paganisms entered Europe with their own forms of magic. By the year 1000, she concludes, many forms of magic had been tamed and were, by the reckoning of the elite, essentially ineffective, as were the women who practiced it and the rituals that attended it.