Schmoeckel, Mathias, Vom „gerechten” zum „heiligen Krieg”? Rechtfertigung der ersten Kreuzzüge im kanonischen Recht

Author(s):  
Mathias Schmoeckel

Abstract From "just war" to the "holy war"? Justification of the first crusades in medieval Canon law. The European history of public international law has often dealt with the concept of "just war", almost never with the "holy war". This seems to be rather an Islamic phenomenon. But ever since Urban II called for the first crusade in 1095, Europe too knew the idea of justifying war with religious reasons. Until now this phenomenon has been used to denounce the cruelty of Christianity. We need, therefore, a new critical access to this topic. The origin of the idea in 1095 has to be linked with the development of penancy and indulgencies in their terms and concepts. We will see how skeptically the canonists of the age reacted and how little representative this immediately afterwards abandoned idea was of its time. Because Europe, in the end, rejected the idea of a "holy war", this topic is an important facette of the European evolution of public international law and does not prove the cruelty of the church. This article is part of a greater research project on the influence of medieval Canon law on public international law.

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.


1940 ◽  
Vol 9 (3) ◽  
pp. 235-252 ◽  
Author(s):  
Vivan A. Peterson

The body of law dealing with discipline, polity, and sacramental administration which has grown up in the history of the church is ordinarily styled Canon Law (jus canonicum), because it is a collection of canons. Canon (derived from the Greek kanon) means a rule, in a material and moral sense. Its original meaning was a straight rod. In apostolic times it signified the truth of Christianity as an authoritative standard of life and a statement of doctrine in general. It is, therefore, easy to understand how the word kanon later came to mean the ecclesiastical legislation which governed the conduct of the faithful. The excellent definition given by Archbishop Cicognani. states that “The Canon Law may be denned as ‘the body of laws made by the lawful ecclesiastical authority for the government of the Church’.”


2001 ◽  
Vol 44 (3-4) ◽  
pp. 43-58
Author(s):  
Jan Dyduch

Synod of the Archdiocese of Lvov, inaugurated 16th January 1995, concluded 21st January 1997, became the brilliant event in the Archdiocese’s dramatic history of the last decades. The Synod assumed the renewal of the Church of Lvov and Luck on a basis of the teaching of the Second Vatican Council and the provisions of Canon Law. The renewal of the Church life requires the renewal of priestly ministry. The Synod of Lvov turns priests’ attention to their participation in the triple mission of the Church. They take part in the teaching mission when they preach the Gospel, teach catechism and evangelize by means of mass media. They fulfil their mission of sanctification when they administer sacraments and take care ofreligious practices and piety of the faithful. While guiding God’s people and performing manifold cure of souls, they carry out their pastoral mission.


Author(s):  
Mary E. Sommar

This is the story of how the church sought to establish norms for slave ownership on the part of ecclesiastical institutions and personnel and for others’ behavior toward such slaves. The story begins in the New Testament era, when the earliest Christian norms were established, and continues through the late Roman Empire, the Germanic kingdoms, and the Carolingian Empire, to the thirteenth-century establishment of a body of ecclesiastical regulations (canon law) that would persist into the twentieth century. Chronicles, letters, and other documents from each of the various historical periods, along with an analysis of the various policies and statutes, provide insight into the situations of these unfree ecclesiastical dependents. The book stops in the thirteenth century, which was a time of great changes, not only in the history of the legal profession, but also in the history of slavery as Europeans began to reach out into the Atlantic. Although this book is a serious scholarly monograph about the history of church law, it has been written in such a way that no specialist knowledge is required of the reader, whether a scholar in another field or a general reader interested in church history or the history of slavery. Historical background is provided, and there is a short Latin lexicon.


Author(s):  
Rafael Ramis-Barceló
Keyword(s):  

AbstractThis article gives an overview of the use of canon law in the Art of Raimundus Lullus, explaining the relevance of canon law for his plan to reform the Church, and Lullus’ progressive comprehension and adoption of the culture of ius commune. Some examples extracted from his works are reviewed and commented in order to understand the place of Lullus in the history of canon law.


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