Author: Jean Gaudemet
Publisher: Taylor & Francis
ISBN: 1040248365
Category : History
Languages : en
Pages : 288
Book Description
The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a ’systematization’. Ce volume réunit dix-sept études parues dans diverses revues ou recueils de Mélanges entre 1988 et 1992. Toutes concernent La doctrine canonique médiévale telle qu'elle s'exprime (principalement du VIè au XIIIè siècle) à propos des institutions de l'Eglise et de ses relations avec la société séculière. Comment l'élite intellectuelle des hommes de l'Eglise médiévale a-t-elle perçu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie espérait-elle les orienter? Qu'il s'agisse de la Papauté, de se place dans l'Eglise et dans le Monde, du rôle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entrée dans l'Eglise et de la condition de ceux qui lui restent étrangers, la question reste la même: Comment le droit peut-il saisir l'infinie variété de l'histoire des hommes?
La doctrine canonique médiéval
Author: Jean Gaudemet
Publisher: Taylor & Francis
ISBN: 1040248365
Category : History
Languages : en
Pages : 288
Book Description
The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a ’systematization’. Ce volume réunit dix-sept études parues dans diverses revues ou recueils de Mélanges entre 1988 et 1992. Toutes concernent La doctrine canonique médiévale telle qu'elle s'exprime (principalement du VIè au XIIIè siècle) à propos des institutions de l'Eglise et de ses relations avec la société séculière. Comment l'élite intellectuelle des hommes de l'Eglise médiévale a-t-elle perçu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie espérait-elle les orienter? Qu'il s'agisse de la Papauté, de se place dans l'Eglise et dans le Monde, du rôle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entrée dans l'Eglise et de la condition de ceux qui lui restent étrangers, la question reste la même: Comment le droit peut-il saisir l'infinie variété de l'histoire des hommes?
Publisher: Taylor & Francis
ISBN: 1040248365
Category : History
Languages : en
Pages : 288
Book Description
The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a ’systematization’. Ce volume réunit dix-sept études parues dans diverses revues ou recueils de Mélanges entre 1988 et 1992. Toutes concernent La doctrine canonique médiévale telle qu'elle s'exprime (principalement du VIè au XIIIè siècle) à propos des institutions de l'Eglise et de ses relations avec la société séculière. Comment l'élite intellectuelle des hommes de l'Eglise médiévale a-t-elle perçu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie espérait-elle les orienter? Qu'il s'agisse de la Papauté, de se place dans l'Eglise et dans le Monde, du rôle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entrée dans l'Eglise et de la condition de ceux qui lui restent étrangers, la question reste la même: Comment le droit peut-il saisir l'infinie variété de l'histoire des hommes?
Juristes et droits savants: Bologne et la France Médiéval
Author: André Gouron
Publisher: Taylor & Francis
ISBN: 104024775X
Category : History
Languages : en
Pages : 282
Book Description
This fourth collection by Professor André Gouron presents a set of twenty studies on jurisprudence, jurists and legal practice in the 12th and 13th centuries. The focus is on the schools and traditions of Bologna and in France, but the coverage includes canon, Roman and customary law. The first part deals with theories diffused by the jurists of Bologna and France and the literary genres in which they expressed these theories, particularly on questions of presumptions, proof, and illicit conditions. In the second section the author looks at some of the persons involved in the juridical renaissance of this period, and at some of the effects of the legal doctrines being taught on royal legislation, procedure, the fiscal system, and urban autonomy. Ce volume - le quatrième de l’auteur dans cette collection - réunit vingt articles du professeur Gouron. Onze de ces articles forment une première partie, consacrée aux théories diffusées par les juristes de Bologne ou de France et aux genres littéraires à travers lesquels s’expriment ces théories, notamment en matière de présomptions, de preuve par témoins ou de conditions illicites. La seconde partie du volume rassemble neuf articles qui traitent de divers acteurs, célèbres ou obscurs, de la renaissance juridique, ainsi que des effets des doctrines enseignées par les romanistes et les canonistes sur la législation royale, la procédure, le système fiscal et l’autonomie urbaine.
Publisher: Taylor & Francis
ISBN: 104024775X
Category : History
Languages : en
Pages : 282
Book Description
This fourth collection by Professor André Gouron presents a set of twenty studies on jurisprudence, jurists and legal practice in the 12th and 13th centuries. The focus is on the schools and traditions of Bologna and in France, but the coverage includes canon, Roman and customary law. The first part deals with theories diffused by the jurists of Bologna and France and the literary genres in which they expressed these theories, particularly on questions of presumptions, proof, and illicit conditions. In the second section the author looks at some of the persons involved in the juridical renaissance of this period, and at some of the effects of the legal doctrines being taught on royal legislation, procedure, the fiscal system, and urban autonomy. Ce volume - le quatrième de l’auteur dans cette collection - réunit vingt articles du professeur Gouron. Onze de ces articles forment une première partie, consacrée aux théories diffusées par les juristes de Bologne ou de France et aux genres littéraires à travers lesquels s’expriment ces théories, notamment en matière de présomptions, de preuve par témoins ou de conditions illicites. La seconde partie du volume rassemble neuf articles qui traitent de divers acteurs, célèbres ou obscurs, de la renaissance juridique, ainsi que des effets des doctrines enseignées par les romanistes et les canonistes sur la législation royale, la procédure, le système fiscal et l’autonomie urbaine.
Medieval Church Law and the Origins of the Western Legal Tradition
Author: Kenneth Pennington
Publisher: CUA Press
ISBN: 0813214629
Category : History
Languages : en
Pages : 424
Book Description
In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. 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.
Publisher: CUA Press
ISBN: 0813214629
Category : History
Languages : en
Pages : 424
Book Description
In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. 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.
Handbook of Medieval Sexuality
Author: Vern L. Bullough
Publisher: Routledge
ISBN: 1136512241
Category : Art
Languages : en
Pages : 449
Book Description
Like specialists in other fields in humanities and social sciences, medievalists have begun to investigate and write about sex and related topics such as courtship, concubinage, divorce, marriage, prostitution, and child rearing. The scholarship in this significant volume asserts that sexual conduct formed a crucial role in the lives, thoughts, hopes and fears both of individuals and of the institutions that they created in the middle ages. The absorbing subject of sexuality in the Middle Ages is examined in 19 original articles written specifically for this "Handbook" by the major authorities in their scholarly specialties. The study of medieval sexuality poses problems for the researcher: indices in standard sources rarely refer to sexual topics, and standard secondary sources often ignore the material or say little about it. Yet a vast amount of research is available, and the information is accessible to the student who knows where to look and what to look for. This volume is a valuable guide to the material and an indicator of what subjects are likely to yield fresh scholarly rewards.
Publisher: Routledge
ISBN: 1136512241
Category : Art
Languages : en
Pages : 449
Book Description
Like specialists in other fields in humanities and social sciences, medievalists have begun to investigate and write about sex and related topics such as courtship, concubinage, divorce, marriage, prostitution, and child rearing. The scholarship in this significant volume asserts that sexual conduct formed a crucial role in the lives, thoughts, hopes and fears both of individuals and of the institutions that they created in the middle ages. The absorbing subject of sexuality in the Middle Ages is examined in 19 original articles written specifically for this "Handbook" by the major authorities in their scholarly specialties. The study of medieval sexuality poses problems for the researcher: indices in standard sources rarely refer to sexual topics, and standard secondary sources often ignore the material or say little about it. Yet a vast amount of research is available, and the information is accessible to the student who knows where to look and what to look for. This volume is a valuable guide to the material and an indicator of what subjects are likely to yield fresh scholarly rewards.
Domestic Society in Medieval Europe
Author: Professor Michael Sheehan
Publisher: PIMS
ISBN: 9780888444134
Category : History
Languages : en
Pages : 68
Book Description
Publisher: PIMS
ISBN: 9780888444134
Category : History
Languages : en
Pages : 68
Book Description
Ideas and Solidarities of the Medieval Laity
Author: Susan Reynolds
Publisher: Taylor & Francis
ISBN: 1000683516
Category : History
Languages : en
Pages : 190
Book Description
This book contains essays written over the past 25 years about medieval urban communities and about the loyalties and beliefs of medieval lay people in general. Most writing about medieval religious, political, legal, and social ideas starts from treatises written by academics and assumes that ideas trickled down from the clergy to the laity. Susan Reynolds, whether writing about the struggles for liberty of small English towns, the national solidarities of the Anglo-Saxons, or the capacity of medieval peasants to formulate their own attitudes to religion, rejects this assumption. She suggests that the medieval laity had ideas of their own that deserve to be taken seriously.
Publisher: Taylor & Francis
ISBN: 1000683516
Category : History
Languages : en
Pages : 190
Book Description
This book contains essays written over the past 25 years about medieval urban communities and about the loyalties and beliefs of medieval lay people in general. Most writing about medieval religious, political, legal, and social ideas starts from treatises written by academics and assumes that ideas trickled down from the clergy to the laity. Susan Reynolds, whether writing about the struggles for liberty of small English towns, the national solidarities of the Anglo-Saxons, or the capacity of medieval peasants to formulate their own attitudes to religion, rejects this assumption. She suggests that the medieval laity had ideas of their own that deserve to be taken seriously.
Consent, Coercion and Limit
Author: Monahan
Publisher: BRILL
ISBN: 9004621636
Category : History
Languages : en
Pages : 367
Book Description
The concepts of popular consent and limit as applied to the exercise of political authority are fundamental features of parliamentary democracy. Both these concepts played a role in medieval political theorizing, although the meaning and significance of political consent in this thought has not been well understood. In a careful, scholarly, and readable survey of the major political texts from Augustine to Ockham, Arthur Monahan analyses the contribution of medieval thought to the development of these two concepts and to the correlative concept of coercion. In addition, he deals with the development of these concepts in Roman and canon law and in the practices of the emerging states of France and England and the Italian city- states, as well as considering works in legal and administrative theory and constitutional documents. In each case his interpretations are placed in the wider context of developments in law, church, and administrative reforms. The result is the first complete study of these three crucial terms as used in the Middle Ages, as well as an excellent summary of work done in a number of specialized fields over the last twenty-five years.
Publisher: BRILL
ISBN: 9004621636
Category : History
Languages : en
Pages : 367
Book Description
The concepts of popular consent and limit as applied to the exercise of political authority are fundamental features of parliamentary democracy. Both these concepts played a role in medieval political theorizing, although the meaning and significance of political consent in this thought has not been well understood. In a careful, scholarly, and readable survey of the major political texts from Augustine to Ockham, Arthur Monahan analyses the contribution of medieval thought to the development of these two concepts and to the correlative concept of coercion. In addition, he deals with the development of these concepts in Roman and canon law and in the practices of the emerging states of France and England and the Italian city- states, as well as considering works in legal and administrative theory and constitutional documents. In each case his interpretations are placed in the wider context of developments in law, church, and administrative reforms. The result is the first complete study of these three crucial terms as used in the Middle Ages, as well as an excellent summary of work done in a number of specialized fields over the last twenty-five years.
Past Sense — Studies in Medieval and Early Modern European History
Author: Constantin Fasolt
Publisher: BRILL
ISBN: 9004269576
Category : History
Languages : en
Pages : 696
Book Description
The twenty studies collected in this volume focus on the transition from the Middle Ages to the modern world. The method leads from technical investigations on William Durant the Younger (ca. 1266-1330) and Hermann Conring (1606-1681) through reflection on the nature of historical knowledge to a break with historicism, an affirmation of anachronism, and a broad perspective on the history of Europe. The introduction explains when and why these studies were written, and places them in the context of contemporary historical thinking by drawing on Wittgenstein's Philosophical Investigations. This book will appeal to historians with an interest in historical theory, historians of late medieval and early modern Europe, and students looking for the meaning of history.
Publisher: BRILL
ISBN: 9004269576
Category : History
Languages : en
Pages : 696
Book Description
The twenty studies collected in this volume focus on the transition from the Middle Ages to the modern world. The method leads from technical investigations on William Durant the Younger (ca. 1266-1330) and Hermann Conring (1606-1681) through reflection on the nature of historical knowledge to a break with historicism, an affirmation of anachronism, and a broad perspective on the history of Europe. The introduction explains when and why these studies were written, and places them in the context of contemporary historical thinking by drawing on Wittgenstein's Philosophical Investigations. This book will appeal to historians with an interest in historical theory, historians of late medieval and early modern Europe, and students looking for the meaning of history.
Medieval Marriage
Author: David d'Avray
Publisher: OUP Oxford
ISBN: 0191518751
Category : History
Languages : en
Pages : 335
Book Description
This study shows how marriage symbolism emerged from the world of texts to become a social force affecting ordinary people. It covers the whole medieval period but identifies the decades around 1200 as decisive. New arguments for regarding preaching as a mass medium from the thirteenth century are presented, building on the author's Medieval Marriage Sermons. In marriage preaching symbolism was central. Marriage symbolism also became a social force through law, and lay behind the combination of monogamy and indissolubility which made the medieval Church's marriage system a unique development in world history. Symbolism is not presented as an explanation on its own: it interacted with other causal factors, notably the eleventh-century Gregorian Reform's drive for celibacy, which made the higher clergy like a third gender and less sympathetic to patriarchal polygamous tendencies. Sexual intercourse as a symbol of Christ's union with the Church became central, not just in mysticism but in society as structured by Church law. Symbolism also explains apparently bizarre rules, such as the exemption from capital punishment of clerics in minor orders provided that they married a virgin not a widow. The rules about blessing second marriages are also connected with this nexus of thought. The book is based on a wide range of manuscript sources: sermons, canon law commentaries, Apostolic Penitentiary registers, papal bulls, a gaol delivery roll, and pastoral handbooks. The collection of documents at the end of the book expands the source base for the history of medieval marriage generally as well as underpinning the thesis about symbolism.
Publisher: OUP Oxford
ISBN: 0191518751
Category : History
Languages : en
Pages : 335
Book Description
This study shows how marriage symbolism emerged from the world of texts to become a social force affecting ordinary people. It covers the whole medieval period but identifies the decades around 1200 as decisive. New arguments for regarding preaching as a mass medium from the thirteenth century are presented, building on the author's Medieval Marriage Sermons. In marriage preaching symbolism was central. Marriage symbolism also became a social force through law, and lay behind the combination of monogamy and indissolubility which made the medieval Church's marriage system a unique development in world history. Symbolism is not presented as an explanation on its own: it interacted with other causal factors, notably the eleventh-century Gregorian Reform's drive for celibacy, which made the higher clergy like a third gender and less sympathetic to patriarchal polygamous tendencies. Sexual intercourse as a symbol of Christ's union with the Church became central, not just in mysticism but in society as structured by Church law. Symbolism also explains apparently bizarre rules, such as the exemption from capital punishment of clerics in minor orders provided that they married a virgin not a widow. The rules about blessing second marriages are also connected with this nexus of thought. The book is based on a wide range of manuscript sources: sermons, canon law commentaries, Apostolic Penitentiary registers, papal bulls, a gaol delivery roll, and pastoral handbooks. The collection of documents at the end of the book expands the source base for the history of medieval marriage generally as well as underpinning the thesis about symbolism.
Lying and Perjury in Medieval Practical Thought
Author: Emily Corran
Publisher: Oxford University Press
ISBN: 0192564056
Category : History
Languages : en
Pages : 325
Book Description
Thought about lying and perjury became increasingly practical from the end of the twelfth century in Western Europe. At this time, a distinctive way of thinking about deception and false oaths appeared in the schools of Paris and Bologna, most notably in the Summa de Sacramentis et Animae Consiliis of Peter the Chanter. This kind of thought was concerned with moral dilemmas and the application of moral rules in exceptional cases. It was a tradition which continued in pastoral writings of the thirteenth century, the practical moral questions addressed by theologians in universities in the second half of the thirteenth century, and in the Summae de Casibus Conscientiae of the late Middle Ages. Lying and Perjury in Medieval Practical Thought argues that medieval practical ethics of this sort can usefully be described as casuistry - a term for the discipline of moral theology that became famous during the Counter-Reformation. This can be seen in the origins of the concept of equivocation, an idea that was explored in medieval literature with varying degrees of moral ambiguity. From the turn of the thirteenth century, the concept was adopted by canon lawyers and theologians, as a means of exploring questions about exceptional situations in ethics. It has been assumed in the past that equivocation, and the casuistry of lying was an academic discourse invented in the sixteenth century in order to evade moral obligations. This study reveals that casuistry in the Middle Ages was developed in ecclesiastical thought as part of an effort to explain how to follow moral rules in ambiguous and perplexing cases.
Publisher: Oxford University Press
ISBN: 0192564056
Category : History
Languages : en
Pages : 325
Book Description
Thought about lying and perjury became increasingly practical from the end of the twelfth century in Western Europe. At this time, a distinctive way of thinking about deception and false oaths appeared in the schools of Paris and Bologna, most notably in the Summa de Sacramentis et Animae Consiliis of Peter the Chanter. This kind of thought was concerned with moral dilemmas and the application of moral rules in exceptional cases. It was a tradition which continued in pastoral writings of the thirteenth century, the practical moral questions addressed by theologians in universities in the second half of the thirteenth century, and in the Summae de Casibus Conscientiae of the late Middle Ages. Lying and Perjury in Medieval Practical Thought argues that medieval practical ethics of this sort can usefully be described as casuistry - a term for the discipline of moral theology that became famous during the Counter-Reformation. This can be seen in the origins of the concept of equivocation, an idea that was explored in medieval literature with varying degrees of moral ambiguity. From the turn of the thirteenth century, the concept was adopted by canon lawyers and theologians, as a means of exploring questions about exceptional situations in ethics. It has been assumed in the past that equivocation, and the casuistry of lying was an academic discourse invented in the sixteenth century in order to evade moral obligations. This study reveals that casuistry in the Middle Ages was developed in ecclesiastical thought as part of an effort to explain how to follow moral rules in ambiguous and perplexing cases.