The Political Background to the Establishment of the Slavic Nomocanon in the Thirteenth Century

2020 ◽  
Vol 56 ◽  
pp. 78-92
Author(s):  
Marija Koprivica
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Civil Law ◽  
Ninth Century ◽  
Political Context ◽  
Slavic Language ◽  
The Political ◽  
Historical Documents ◽  
Political Background ◽  
Selection Of

The first collection of canon law translated from the Greek into the Slavic language in the ninth century supported the consolidation of Christianity among the Slav peoples. This article focuses on the nomocanon of St Sava of Serbia (Kormchaia), a collection which was original and specific in its content; its relationship to other contemporary legal historical documents will be considered. The article also explores the political background to the emergence of Orthodox Slav collections of ecclesiastical and civil law. The political context in which these collections originated exercised a determinative influence on their contents, the selection of texts and the interpretation of the canons contained within them. The emergence of the Slavic nomocanon is interpreted within a context in which Balkan Slav states sought to foster their independence and aspired to form autocephalous national churches.

The Council of London of 1342

1971 ◽  
Vol 7 ◽  
pp. 147-160 ◽  
Author(s):  
Brenda Bolton
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Canon Law ◽  
Political Context ◽  
The Political ◽  
Relative Importance ◽  
Church Courts

Now that the statutes formerly ascribed to Winchelsey and Reynolds have been shown to derive from other sources, those of John Stratford, issued after the Second Council of London (1342), are seen to stand out as the most significant body of provincial legislation in the later Middle Ages. Their relative importance is enhanced by the paucity of such legislation in this period in comparison with the considerable volume produced in the course of the thirteenth century.On investigation, Stratford’s constitutions appear significant in the corpus of medieval ‘administrative’ canon law. Not only do they show signs of the friction existing between the lay and ecclesiastical jurisdictions and experienced both by Pecham and Winchelsey, but also of the recurring clerical concerns, frailties of conduct, and malpractices of church courts and officials alike. Provincial legislation springs partly from local imperfections, and partly from more general circumstances. Political considerations may have been critical in the decision to issue constitutions. There is justification, therefore, for first examining the political context in which these constitutions arose.

The beginning of the sharpness: loyalty, citizenship and Muslim divorce practice

2013 ◽  
Vol 9 (3) ◽  
pp. 295-317
Author(s):  
Máiréad Enright
Keyword(s):  
Feminist Issue ◽  
Common Law ◽  
Civil Law ◽  
The Political ◽  
Divorce Law ◽  
Political Background ◽  
Anglo American ◽  
Civil Courts ◽  
Financial Outcome ◽  
Feminist Work

AbstractMuslim divorce practice is a feminist issue, insofar as it often departs from core principles of Anglo-American divorce law. When legal feminists have examined the reception of Muslim divorce practice in common-law courts, they have tended to measure those departures in terms of financial outcome. There is a danger that, in consequence, our theory of Muslim women's legal agency is reduced to pragmatic matters of choice, money and advantage-taking. That theory seems hugely impoverished when read against the political background in Britain, where Muslims‘ legal agency upon divorce is bound up with deeper questions of belonging and allegiance. Feminist work ought to be able to advance a theory of citizens’ commitment to civil law in litigation which can give a complex account even of the unsettling litigation of Muslim divorce disputes in civil courts. This article draws on existing work in feminist multiculturalism to sketch the beginnings of that theory.

Medieval Political Theory c.1000–1500

2011 ◽  
Author(s):  
Janet Coleman
Keyword(s):  
Political Theory ◽  
Middle Ages ◽  
Canon Law ◽  
Eleventh Century ◽  
Civil Law ◽  
Thomas Aquinas ◽  
Sovereign Power ◽  
Civil Science ◽  
Medieval Political Theory ◽  
Selection Of

This article focuses on a selection of Christian political theorists who have been considered by scholars over many generations, indeed centuries, to have contributed to a variety of distinctive discourses about the relationships between individuals and authority. There is a sense in which what political theorizing “is” during the Middle Ages is a set of positions and justificatory explanations about “sovereign power.” The attempt to fix the boundary between sacred and temporal authority during the eleventh-century pontificate of Gregory VII is normally seen to have spawned the major and long-enduring debates in medieval political theory (and beyond) over the relation between temporal and spiritual powers. This article highlights the emergence of legal experts in canon law and civil law, to whom the name “political theorists” should not seem anachronistic. It also considers how political theory was generated as a “civil science.” Finally, it looks at some themes at the heart of medieval political theory, particularly property and poverty, the Dominican political theory of Thomas Aquinas, and Franciscans' political theory.

AD AGENDAM PENITENTIAM PERPETUAM DETRUDATUR MONASTIC INCARCERATION OF ADULTEROUS WOMEN IN THIRTEENTH-CENTURY CANONICAL JURISPRUDENCE

Traditio ◽  
2017 ◽  
Vol 72 ◽  
pp. 301-340
Author(s):  
EDWARD A. RENO
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Civil Law ◽  
Religious Life ◽  
History Of ◽  
A Site ◽  
Medieval Canon Law

Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and treats further questions that detrusio raised. Detrusio was originally a pastoral provision, meant to provide a woman rejected by her husband for adultery an opportunity to enter religious life. But in the hands of the jurists detrusio became a coercive ecclesiastical penalty for adultery. The practice raised further concerns, for example: how the woman's property was to be treated; whether the woman sentenced to detrusio became a religious; whether a monastery should be a site of confinement for the laity; and, under what conditions a husband could take his adulterous wife back. The case was also raised of a man who accused his wife of adultery so that he could dissolve his marriage and enter a monastery.

The Prosecutorial Targets Question

2021 ◽  
pp. 61-106
Author(s):  
Barrie Sander
Keyword(s):  
International Criminal ◽  
Political Context ◽  
Historical Narratives ◽  
The Political ◽  
Criminal Courts ◽  
Institutional Settings ◽  
Mass Atrocity ◽  
Selection Of

This chapter examines the practices that have influenced the selection of prosecutorial targets in different institutional settings and the implications for the scope and content of the historical narratives constructed by international criminal courts in their judgments. For this purpose, the chapter distinguishes between two forms of selectivity: first, situational selectivity, which concerns the mass atrocity situations that have been targeted for investigation within international criminal courts; and second, case selectivity, which concerns the individuals that have been targeted for prosecution within each situation. After revealing the prevailing influence of the political context on the prosecutorial focus of international criminal courts, the chapter turns to examine different strategies that have been deployed by defendants and their counsel—often in vain—in an effort to counter this hegemonic orientation.

Arezzo as a Center of Learning and Letters in the Thirteenth Century

Traditio ◽  
1953 ◽  
Vol 9 ◽  
pp. 321-391 ◽  
Author(s):  
Helene Wieruszowski
Keyword(s):  
Economic Development ◽  
Thirteenth Century ◽  
Central Italy ◽  
Northern Italy ◽  
The Political ◽  
Cultural Patterns ◽  
Economic Problems ◽  
Historical Phenomenon ◽  
The City ◽  
Selection Of

The variety of cultural patterns that marks the Italian scene in the fifteenth and sixteenth centuries is a historical phenomenon as familiar to the general historian as to the student of all the special fields to which Italy made its contributions at that time. Inquiry into the conditions determining the characteristics of some of the cities will point in different directions : to leading artists and scholars and their ‘schools’; to the taste and interest of individual or collective patrons; to outside influences, and so forth. Very often such an inquiry will uncover strands that lead back deep into the medieval past of the city. Yet medievalists, in writing monographs on one or another city, have found themselves mostly involved in the political and economic problems of the Italian scene, and indeed in the diversity that marked each city, but have paid little attention to local culture. Still, as shown by one brilliant example — the analysis by Robert Davidsohn of Florentine culture in the time of Dante — the task is an extremely rewarding one. For not only medieval Florence — thirteenth-century Florence which gave birth to Dante and the art of Giotto and Arnolfo da Cambio—but many other cities of northern and central Italy, great and small, wove the general influences and ideas of the age into their own pattern of culture, each with a design of its own. To be sure, many cities show similarities in their cultural growth just as they do in their political and economic development, but a more thorough analysis will reveal differences in the pace of their development as well as in the ‘selection’ of trends that determine their character. Potentialities and dispositions for leadership were apparent in several centers of Tuscany and northern Italy, and it would have been difficult at that time to predict which among them was to achieve a leadership that would last longer and extend over larger areas than that of one of its rivals.

The Hucpoldings’ Involvement in the Political Struggles of the Kingdom of Italy (847–945)

2022 ◽  
Author(s):  
Edoardo Manarini
Keyword(s):  
Ninth Century ◽  
Political Context ◽  
First Century ◽  
The Political ◽  
Men And Women ◽  
Royal Power ◽  
Political Struggles

The first part of the book is dedicated to the prosopographic reconstruction of the kinship group, and to the political context and relationships in which the members, both men and women, operated from the second half of the ninth century to the beginning of the twelfth. The first chapter examines the first century of the Hucpoldings in Italy. Fundamentally, it suggests that the criteria for the inclusion into the ranks of Carolingian elite in the Italian kingdom were a relationship with the royal power and the attainment of public offices in different areas of the kingdom, such as in the palace of the capital Pavia, eastern Emilia, the duchy of Spoleto or the marchese of Tuscany.

scholarly journals Propter Deformitatem: Towards a Concept of Disability in Medieval Canon Law

2015 ◽  
Vol 4 (3) ◽  
pp. 72 ◽  
Author(s):  
Brandon Parlopiano
Keyword(s):  
Disability Studies ◽  
Canon Law ◽  
The Political ◽  
Advocacy Groups ◽  
History Of ◽  
Political Background ◽  
Medieval Canon Law

Disability Studies has its roots in the increased awareness of the rights for those with disabilities and the movement for the greater actualization of those rights in the 1970s and 1980s. As part of this campaign, activists and advocacy groups tried to reframe disability as a constructed concept. They rejected the notion of disability as a static historical constant, and instead emphasized the ways in which the norms, laws, and assumptions of society “disabled” individuals. Scholars, particularly historians, soon seized on this approach and began working to show in detail the historical variability of disability and how modern notions came into being. The political background of Disability Studies has meant that many of these studies have focused on the near- history of disability and its impact on the present day. More recently, however, scholars have increasingly turned to the more distant past. 

scholarly journals Scientific Exchanges between France and Brazil in the History of Psychology. The Role of Georges Dumas between 1908 and 1946

2014 ◽  
Vol 13 (5) ◽  
pp. 1681
Author(s):  
Carolina S Bandeira de Melo ◽  
Regina de Freitas Campos
Keyword(s):  
Twentieth Century ◽  
Cultural Influence ◽  
Political Context ◽  
Scientific Development ◽  
Major Influence ◽  
The Political ◽  
Cultural Tradition ◽  
History Of ◽  
Selection Of

This article presents the role of Georges Dumas in the development of Brazilian psychology in the first half of the twentieth century. France had at that moment a major influence on Brazilian cultural and scientific development, including the field of psychology. Georges Dumas had a prominent presence in Brazil, acting as a gatekeeper when choosing French scholars to give conferences and classes in Brazil between 1908 and 1940 as a representative of the French cultural tradition. The bibliography of Georges Dumas’s Traité de Psychologie, published in 1922-1923, shows a selection of Brazilian scholars who interacted with the author 1900’s ans 1940’s. The political context of French-Brazilian exchanges and the names of professors involved in the French mission in Brazil in the field of psychology were studied. The French cultural influence in Brazil is interpreted as a strategy aimed at contributing to the solution of Brazilian problems, and it helped to change the image of Brazil in Europe. In addition, scientific exchanges promoted the extension of the French diplomatic network.

The Scottish Common Law

2018 ◽  
Author(s):  
Andrew R C Simpson
Keyword(s):  
Thirteenth Century ◽  
Twelfth Century ◽  
Common Law ◽  
Political Context ◽  
The Political ◽  
The Common

Twelfth-century Scottish monarchs laid the foundations of the medieval Scottish common law. This chapter begins by exploring the political context from which that common law emerged. It then considers the various legal tools, courts, and procedures that were created by twelfth- and early thirteenth-century monarchs to deliver royal justice. Subsequently the chapter explores how later monarchs adapted the institutions laid down by their predecessors to develop the common law of the thirteenth, fourteenth, and fifteenth centuries. Particular reference is made to the brieves, many of which were inspired in their content by near-contemporary English writs. The extent to which these ‘brieves’ furnished litigants with truly ‘common’ mechanisms for the enforcement of claims across the Scottish kingdom is currently debated, as is explained in this chapter. Finally, brief reference is made to the transformation of the common law in light of Romano-canonical learning during the fifteenth and sixteenth centuries.

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