This work explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Reform. Focusing on the Collectio canonum of Bishop Anselm of Lucca, it explores how the reformers came to value and employ law as as means of achieving desired ends in a time of social upheaval and revolution.

Melodie H. EICHBAUER is Professor of Medieval History at Florida Gulf Coast University, USA. She is the editor of A Cultural History of Genocide, Vol. 2: The Middle Ages (2021) and The Use of Canon Law in Ecclesiastical Administration, 1000-1250 (2018) with Danica Summerlin and other volumes. Her research focuses on the dissemination of legal knowledge; the interpretation of law; and the ways in which social, political, and intellectual developments and trends shaped both between c.1000 and c.1500 James A BRUNDAGE (1929-2021) was Professor Emeritus of history and, prior to his retirement, Ahmanson-Murphy chair of medieval European history at the University of Kansas, USA. His publications included The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (2008), Handbook of Medieval Sexuality (1996) edited with Vern L. Bullough, and Law, Sex, and Christian Society in Medieval Europe (1987).

Part 1 of the latest volume in "The Jewish Law Annual" comprises a symposium on parent and child, examining such issues as parental authority and the contrast between the Bible and Rabbinic law. Part 2 covers current legal thought on religious freedom in the United States as well as contemporary developments in Jewish laws in Israel. Part 3 is a major survey of recently published titles, organized according to major legal categories.

Approved by the bishops of England and Wales for their dioceses. 300 questions and answers on all aspects of the Faith. Excellent basic class text and short summary of Catholic teaching for everyone. An official catechism. (5-2.00 ea.; 10-1.75 ea.; 25-1.50 ea.; 50-1.25 ea.; 100-1.00 ea.).

Incest was a social problem in the Middle Ages, and also a popular literary theme. This wide-ranging study is the first survey of medieval incest stories in their cultural context. Did they reflect real life situations? How was incest defined in the Middle Ages? How were classical incest stories treated by medieval writers? Why was incest such a popular motif in the legendary lives of popes and saints, and why was it inserted into the stories of great heroes such as Charlemagne and Arthur?

Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .

This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.

Melodie H. EICHBAUER is Professor of Medieval History at Florida Gulf Coast University, USA. She is the editor of A Cultural History of Genocide, Vol. 2: The Middle Ages (2021) and The Use of Canon Law in Ecclesiastical Administration, 1000-1250 (2018) with Danica Summerlin and other volumes. Her research focuses on the dissemination of legal knowledge; the interpretation of law; and the ways in which social, political, and intellectual developments and trends shaped both between c.1000 and c.1500 James A BRUNDAGE (1929-2021) was Professor Emeritus of history and, prior to his retirement, Ahmanson-Murphy chair of medieval European history at the University of Kansas, USA. His publications included The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (2008), Handbook of Medieval Sexuality (1996) edited with Vern L. Bullough, and Law, Sex, and Christian Society in Medieval Europe (1987).

The Bohemian reformer Jan Hus made a substantial and critical contribution to the development of the medieval church, owing especially to his views and teachings on Scripture, the church, faith, conscience, and spirituality. This book offers a presentation of Hus's theological commitment centered on his understanding of truth. Lasek and Franklin explore Hus's preaching ministry and his long-drawn-out legal struggle against charges of heresy as ethical outworkings of this approach to truth. Central to this exploration is a new annotated translation of Hus's Appeal to Jesus Christ as the Supreme Judge against the pope and canon law. This document was not only a protest against papal power, but expressed a fundamentally new legal situation: in bypassing canon law, it essentially represented a personal claim to freedom of conscience. This unheard-of principle from within the medieval legal framework preceded other related ecclesiastical and legal developments by several centuries. The authors argue that Hus's appeal thus represents a momentous event in church history and European history as a whole. Due to the historical significance of his martyrdom and commemoration by many churches throughout Europe, this book demonstrates that Hus remains an important figure not only for the study of European history, but also for understanding contemporary values of Western civilization.

Canon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function of canon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the "home system" in this comparative study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss the ownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and against the denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law. Throughout the comparative study, American legal theory functions to clarify these broader issues in canon law. The concluding chapter offers a synthesis of this comparative study.

Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.

This original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops' Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today - old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.

The present volume contributes to a reassessment of the phenomenon of episcopal elections from the broadest possible perspective, examining the varied combination of factors, personalities, rules and habits that played a role in the process that eventually resulted in one specific candidate becoming the new bishop, and not another. The importance of episcopal elections hardly needs stating: With the bishop emerging as one of the key figures of late antique society, his election was a defining moment for the local community, and an occasion when local, ecclesiastical, and secular tensions were played out. Building on the state of the art regarding late antique bishops and episcopal election, this volume of collected studies by leading scholars offers fresh perspectives by focussing on specific case-studies and opening up new approaches. Covering much of the Later Roman Empire between 250-600 AD, the contributions will be of interest to scholars interested in Late Antique Christianity across disciplines as diverse as patristics, ancient history, canon law and oriental studies.

This is one of the first volumes to appear in a landmark new series, The Oxford History of the Laws of England. It traces the history of the reception and role of the canon law in England between 597 and 1649, examining both the establishment of ecclesiastical courts and the heads of jurisdiction within them. Legal practice is viewed against the background of the formal canon law.

This comprehensive volume analyzes Chinese birth policies and population developments from the founding of the People's Republic to the 2000 census. The main emphasis is on China's 'Hardship Number One Under Heaven': the highly controversial one-child campaign, and the violent clash between family strategies and government policies it entails. Birth Control in China 1949-2000 documents an agonizing search for a way out of predicament and a protracted inner Party struggle, a massive effort for social engineering and grinding problems of implementation. It reveals how birth control in China is shaped by political, economic and social interests, bureaucratic structures and financial concerns. Based on own interviews and a wealth of new statistics, surveys and documents, Thomas Scharping also analyzes how the demographics of China have changed due to birth control policies, and what the future is likely to hold. This book will be of interest to students and scholars of modern China, Asian studies and the social sciences.

When first published in 1958, The Canons of the Council of Sardica, AD 343 at once became the standard account of the canons passed by the Western bishops assembled at Serdica in 343 and the thinking on Church matters that lay behind them. In this new edition Hamilton Hess has updated his account in the light of recent literature, included new material and the full texts of the canons, and translated all quotations into English to reach a wider audience. Three new opening chapters make a fresh contribution to the study of early church history in giving a comprehensive analysis of the rise of the conciliar movement from its earliest beginnings to the fourth-century establishments of councils as exclusively episcopal legislative assemblies. It is also shown that the emergence of canon law was a gradual evolutionary process leading towards the sixth-century organization of canonical collections as juridical ecclesiastical codes parallel with and complementary to the contemporary civil codes of the Roman empire.

Here is the only book that explains fully in lay terms the grounds and procedures by which Roman Catholics who have undergone civil divorces can also have their former marriages annulled by the Church.

In the last decade alone, annulements in the United States have increased from 350 to over 30,000. At present, there are an estimated eight million divorced American Catholics, banned from full participation in the Church if the remarry without obtaining an annulment. Many of these people could obtain annulments -- yet, until the publication of Annulment, the lack of proper information and guidance has discouraged the majority of them.

This book makes available the rights of divorce Catholics under the Revised Code of Canon Law, which is now in effect. In everyday language, this authoritative handbook takes readers step by step through the process, defines the laws as they now exist, sorts through misconceptions and fears surrounding annulment procedures, dicusses the meaning and rationale behind the rules, lays out all the grounds (including the new psychological grounds), examines all factors (including costs), defines the various apporaches, and provides samples of the forms involved.

The author, a lawyer himself, consulted with canon lawyers, priests, and laypeople, -- some of whom have already used his manual with success.Annulment offers hope and solid help to the increasing number of people directly and indirectly affected by the divorce-remarriage-annulment problem. Zwack cuts cleanly through the Gordian knot of uncertainty to point the way for realistic, clear, effective solutions to this longstanding, anguished problem.

This is the fourth volume of a series entitled `Current Legal Issues' that are published each Summer as a sister volume to `Current Legal Problems'. The interaction of religious practice and the law raises a number of difficult and fascinating issues. What exactly do we mean by religious faith? To what extent are the Courts competent to pass judgement on disputes arising within religious organizations? Are some religious faiths more legitimate than others? Should the law grant special privileges to religious believers? - for example exemption from provisions in human rights legislation which would otherwise restrict their activities.

This book examines the historical antecedents of the concept of general chapter, the supreme authority in an institute of consecrated life. This provides the basis for an examination of the contemporary understanding of the nature of its power and authority, as portrayed in the 1983 Code of Canon Law. The general chapter is analysed in terms of its juridic status, collegial nature, participative character and representative function as well as its dynamic aspects and faith dimension. The author applies the findings to one institute of consecrated life, Institute of the Blessed Virgin Mary Loreto Branch. This application provides an example of the challenges inherent in working participatively and collaboratively within a hierarchical structure. Because consecrated life has an inalienable ecclesial dimension, understanding authority and power and their exercise in institutes of consecrated life has relevance for understanding authority and its exercise in other organs of authority at all levels in the church.

The Collection of Anselm of Lucca (1081-1083), which was named by Cardinal Alphons M. Stickler 'the best Gregorian work' comprises papal letters, conciliar canons, patristic material and Roman law texts. The text analysis of twelfth century manuscripts has been improved by the understanding of the origin of this collection's recensions, which constituted the instruction at the cathedral school. Prof. Manlio Bellomo's opinion looks upon the traditional idea of the 'intact literary work' as an exploded idea with regard to the written works of the university instruction system. This opinion can also be affirmed regarding Anselm's Collection.

The followers of the martyred Bohemian priest Jan Hus (1371-1415) formed one of the greatest challenges to the medieval Latin Church. Branded as heretics, outlawed, then forced to fight for their faith as well as their lives, the Hussites occupy one of the most colorful and challenging chapters of European religious history. The essays reprinted in this book (along with one here first published in English and additional notes) explore the essence of the early Hussite movement by focusing on the nature and development of heresy both as accusation and identity. Heresy and Hussites in Late Medieval Europe first examines the definition of heresy, and its comparative nature across Europe. It investigates the unique practices of popular religion in local communities, while examining theology and its unavoidable conflicts. The repressive policy of crusade and the growth of martyrdom with its inevitable contribution to the formation of Hussite history is explored. The social application of religious ideas, its revolutionary outcomes, along with the intentional use of art in pedagogy and propaganda, situates the Czech heretics in the fifteenth century. An examination of leading personalities, together with the eventual and more formal church administration, rounds out the study of this remarkable era.

The post-conciliar period was characterised by numerous novelties in the realm of life of consecration resulting also in the emergence of various new canonical issues. Although the CIC 1983 made serious attempts to unravel the same, even after the relative long period of a decade since its promulgation, many matters were still open and ambiguous. In this context, the Synod of 1994 on 'Consecrated life' and the post-synodal apostolic exhortation were deemed to be effective agents in furnishing with the necessary norms which would resolve all such ambiguities. Against this background, the book examines how far the Synod as well as the post-synodal document Vita consecrata contributed to resolve the various canonical issues. Contents: The Synod of Bishops: A Quick Survey - The Consecrated Life: From the Perspective of the various recent Ecclesiastical Documents - The Synod of Bishops on 'Consecrated Life and its Role in the Church and in the World Today' - The Propositiones and the Vita consecrata - Status of Lay Brothers - New Forms of Consecrated Life - Lay Associates / Third Orders / Volunteers - The Mutual Relations between Bishops and Major Superiors - The Order of Consecrated Virgins - Cloister and Contemplative Institutes - Societies of Apostolic Life - Secular Institutes.

This text focuses on the legal status of the Jews within the Roman Empire and the changes that this underwent when the empire became Christian. Conflicts between Roman and Jewish jurisdiction form an important theme, while particular studies deal with questions of conversion, the observance of the Sabbath and Festivals, Hadrian's decree prohibiting circumcision, and with the treatment given to the Samaritans. In the field of family law, Profesor Rabello looks at issues to do with the patria potestas, family courts, marriage and divorce, and it is in these areas, he would hold, that a basic understanding can be found of how the early Catholic Church treated Jews and Judaism.

Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .