Readers, Texts and Compilers in the Earlier Middle Ages: Studies in Medieval Canon Law in Honour of Linda Fowler-Magerl (review)

Parergon ◽  
2011 ◽  
Vol 28 (2) ◽  
pp. 177-179
Author(s):  
Jason Taliadoros
Grotiana ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 13-39
Author(s):  
Orazio Condorelli

In the framework of the issue of the observance of promises and agreements (De iure belli ac pacis, bk. ii), Grotius discusses the question of whether Christians should be allowed to conclude treaties or alliances (federa) with those who were named infideles in the canonical and theological terminology. The question was ancient: since the early Middle Ages, alliances of Christians with infidels had been labeled as ‘impious’ (impium fedus). Grotius’s solutions are based on the converging traditions of medieval canon law and theology: treaties and alliances with infidels are intrinsically lawful according to natural and positive divine law, although they should be avoided in certain circumstances. Grotius’s concern, however, was not so much to affirm the theoretical lawfulness of the fedus cum infidelibus. The outcome of his argument consists in promoting the cohesion of Christians: he thinks that a joint action of the Christian nations is a moral and juridical obligation in the face of the aggressions caused by the enemies of Christendom.


2022 ◽  

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.


2002 ◽  
Vol 6 (30) ◽  
pp. 189-198
Author(s):  
R. H. Helmholz

Discipline of the clergy is a subject of perennial interest—both in the popular press whenever something sensational takes place, and among the clergy and thoughtful lawyers when they are confronted either with the general problem of how best to fashion the church's law or the more immediate problem of how to deal with offenders against the church's law. The subject also has a long history. The purpose of this article is to bring to light a chapter from the century or so before the Reformation. Evidence taken from the medieval canon law and from the court records of the later Middle Ages may be of interest—and perhaps even relevance—to members of the Ecclesiastical Law Society. It has been my pleasure and good fortune to discover that many of them are not immune to the claims of history.


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