Gratian has long been called the father of Canon Law. This latest volume in the ongoing ""History of Medieval Canon Law"" series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.Gratian's contributions to the birth of canon law and European jurisprudence were significant: he introduced a new methodology of teaching law by using hypothetical cases and by integrating - and inserting in the texts themselves - his own comments on the canons. He also used the dialectical method to analyze legal problems that he raised in his cases. Though this methodology was first developed by Peter Abelard and others in the schools of Northern France, Gratian was the first to apply it to legal texts with the publication of his Decretum (ca. 1140). Because the Decretum was not just a collection of texts but an analysis of the sources and doctrines of ecclesiastical law, his book enjoyed immediate success across Europe. The Decretum was adopted by teachers from England to Italy and Germany to Spain. Gratian's successors later applied his methodology to the papal appellate decisions (decretals) that gradually became the foundation of canon law in the later Middle Ages.In this volume, distinguished legal historians contribute noteworthy essays on the commentaries on Gratian, the beginnings of decretal collections and commentaries on them, and the importance of conciliar legislation for the growth of canon law. There are also chapters on the influence of Roman law on canon law and the teaching of canon law in law schools.Contributors are James A. Brundage, Anne Duggan, Charles Duggan, A. Garcia y Garcia, Joseph Goering, Michael H. Hoeflich, Peter Landau, Wolfgang P. Muller, Jasonne Grabher O'Brien, Kenneth Pennington, and Rudolf Weigand.

One of the first great events in Christian history was the Council of Nicaea in 325 AD, convened to organize Christian sects and beliefs into a unified doctrine. The great Christian clergymen who wrote before this famous event are referred to as the Ante-Nicenes and the Apostolic Fathers, and their writings are collected here in a ten-volume set. The Ante-Nicenes lived so close to the time of Christ that their interpretations of the New Testament are considered more authentic than modern voices. But they are also real and flawed men, who are more like their fellow Christians than they are like the Apostles, making their words echo in the ears of spiritual seekers. In Volume IX of the 10-volume collected works of the Ante-Nicenes first published between 1885 and 1896, the series editors return to a collection that they had thought complete. Archaeological discoveries presented them with new early Christian texts that needed publication. This volume is divided into two parts: newly discovered fragments and writings from a variety of sources, and additional commentaries by Origen. These new fragments include: . the Gospel of Peter and the Apocalypse of Peter. the Diatessaron of Tatian and the Vision of Paul. the Apocalypse of the Virgin and the Apocalypse of Sedrach. The Testament of Abraham and the Acts of Xanthippe and Polyxena. the Narrative of Zosimus and the Epistles of Clement. the Apology of Aristides the Philosopher. the Passion of the Scillitan Martyrs. epistle to Gregory and Origen's commentary

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

"This very handy introduction takes a conceptual approach to biblical law, organizing this subject in terms of its ancient legal sources, social institutions, judicial procedure, crime and punishment, property and contracts, personal rights and status, and family relationships from betrothal to inheritance. Because of its thematic arrangement, this presentation speaks to the selective reader who seeks specific information and also to the comprehensive student who seeks a broad understanding of the ancient Hebrew legal system. Long out of print, Hebrew Law in Biblical Times (1964) now appears in an improved, second edition. While retaining the original character of Falk's style and observations, this book has been edited to serve the modern reader and researcher. Falk's 1977 addenda have also been included, along with a comprehensive bibliography of his lifetime publications."

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

Canon Law, Religion, and Politics extends and honours the work of the distinguished historian Robert Somerville, a pre-eminent expert on medieval church councils, law, and papal history. Reflecting the focus but also the range of Somerville's studies in medieval canon law in the era before Gratian and later, the essays explore the transmission of canonical and theological texts--in particular regarding the Eucharist--as well as the significance of the texts and their complex manuscript traditions. Several essays examine texts in their practical context, highlighting the effects of canon law on religious institutions such as monasteries and the practices at law courts of medieval western Europe. Four studies dealing with the ius commune--the conjunction of canon and Roman law in daily practice, a topic of general and perennial interest--show once again how our understanding of canonistic and civilian legal developments in medieval and late medieval religious and intellectual history is evolving with greater precision when assumptions and generalities are analysed in the light of manuscript sources. The pioneering influence of Somerville and his colleagues is evident in all of the essays. They broaden current understanding of the place of law and theology in a crucial period of history, the eleventh to the thirteenth centuries. This work is written in honour of Robert Somerville, professor of history and Ada Byron Bampton Tremaine Professor of Religion at Columbia University. His scholarly honours are legion, including a fellowship in the Medieval Academy of America and the Commission Internationale de Diplomatique. He is a corresponding member of the Monumenta Germaniae Historica in Munich as well as the Bavarian Academy of Sciences. He has received numerous awards including two John Simon Guggenheim Memorial Fellowships. He is the author of numerous books and articles.

The writings of Pope Pius VI, head of the Catholic Church during the most destructive period of the French Revolution, were compiled in two volumes by M.N.S. Guillon and published in 1798 and 1800. But during the Revolution, the reign of Napoleon, and the various revolutionary movements of the 19th century, there were extraordinary efforts to destroy writings that critiqued the revolutionary ideology. Many books and treatises, if they survived the revolution or the sacking from Napoleon's armies. To this day, no public copy of Guillon's work exists in Paris.
Now, for the first time in English, these works comprising the letters, briefs, and other writings of Pius VI on the French Revolution are available. Volume I treats the first shock of the Revolution and the efforts of the Pope in 1790 and 1791 to oppose the Civil Constitution of the Clergy (which famous revolutionary and shrewd diplomat Talleyrand referred to as "the greatest fault of the National Assembly"). Volume II will be published later, and deals with the aftermath of the Civil Constitution through Pius's death in exile). Editor and translator Jeffrey Langan presents the materials leading up to and directly connected with these decrees, in which the National Assembly attempted to set up a Catholic Church that would be completely submissive to the demands of the Assembly. Volume I also covers Pius's efforts to deal with the immediate aftermath of the Constitution after the National Assembly implemented it, including his encyclical, Quod Aliquantum.
The letters will show how Pius chose to oppose the Civil Constitution. He did so not by a public campaign, for he had no real temporal power to oppose the violence, but by attempting to work personally with Louis XVI and various archbishops in France to articulate what were the points on which he could concede (matters dealing with the political structures of France) and what were the essential points in which he could not concede (matters dealing with the organization of dioceses and appointment of bishops).
Since the 1980s, with the writings and school that developed around Francois Furet, as well as Simon Schama's Citizens, a new debate over the French Revolution has ensued, bringing forth a more objective account of the Revolution, one that avoids an excessively Marxist lens and that brings to light some of its defects and more gruesome parts - the destruction and theft of Church property, and the sadistic methods of torture and killing of priests, nuns, aristocrats, and fellow-revolutionaries.
An examination of the writings of Pius VI will not only help set the historical record straight for English-speaking students of the Revolution, it will also aid them to better understand the principles that the Catholic Church employs when confronted with chaotic political change. They will see that the Church has a principled approach to distinguishing, while not separating, the power of the Church and the power of the state. They will also see, as Talleyrand himself also saw, that one of the essential elements that makes the Church the Church is the right to appoint bishops and to discipline its own bishops. The Church herself recognizes that she cannot long survive without this principle that guarantees her unity.
Pius VI's efforts were able to keep the Catholic Church intact (though badly bruised) so that she could reconstitute herself and build up a vibrant life in 19th-century France. (He did this in the face of the Church's prestige having sunk to historic lows; some elites in Europe thought there would be no successor to Pius and jokingly referred to him as "Pius the Last.") He began a process that led to the restoration of the prestige of the Papacy throughout the world, and he initiated a two-century process that led to the Church finally being able to select bishops without any interference from secular authorities. This had been at least a 1,000-year problem in the history of the Church. By 1990, only two countries of the world, China and Vietnam, were interfering in any significant way in the process that the Church used to select bishops.
Pius VI's papacy, especially during the years of the French Revolution, was a pivotal point for the French Revolution and for the interaction between Church and state in Western history. All freedom-loving people will be happy to read his distinc-tions between the secular power and the spiritual power. His papacy also was important for the internal developments that the Church would make over the next 200 years with respect to its self-understanding of the Papacy and the role of the bishop.

International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law.
This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.

In German-speaking countries, the role of the diaconate has been strongly influenced by nineteenth-century ideas of diakonia as service towards the poor. As important as the social initiatives stemming from this perspective have been, in order to correctly understand deacons and diakonia in the early church, we must go back to the sources. For this volume, focused on the first two centuries of Christianity, scholars from a range of backgrounds consider the use of diakonos and related words in the New Testament and extra-biblical sources, both Christian and otherwise. These texts reveal what deacons actually did, helping us to understand the past and giving guidance for the present, particularly in ecumenical discussions concerning the ministry.

It is a medieval truism that the poet meddles with words, the lawyer with the world. But are the poet's words and the lawyer's world really so far apart? To what extent does the art of making poems share in the craft of making laws, and vice versa? Framed by such questions, Piers Plowman and the Reinvention of Church Law in the Late Middle Ages examines the mutually productive interaction between literary and legal "makyngs" in England's great Middle English poem by William Langland. Focusing on Piers Plowman's preoccupation with wrongdoing in the B and C versions, Arvind Thomas examines the versions' representations of trials, confessions, restitutions, penalties, and pardons. Thomas explores how the "literary" informs and transforms the "legal" until they finally cannot be separated. Thomas shows how the poem's narrative voice, metaphor, syntax and style not only reflect but also act upon properties of canon law, such as penitential procedures and authoritative maxims. Langland's mobilization of juridical concepts, Thomas insists, not only engenders a poetics informed by canonist thought but also expresses an alternative vision of canon law from that proposed by medieval jurists and today's medievalists.

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. What is the purpose of a church? Who owns a church? Mary K. Farag persuasively demonstrates that three groups in late antiquity were concerned with these questions: Christian leaders, wealthy laypersons, and lawmakers. Conflicting answers usually coexisted, but from time to time they clashed and caused significant tension. In these disputes, juridical regulations and opinions mattered more than has been traditionally recognized. Considering familiar Christian controversies in novel ways, Farag's investigation shows that scholarship has misunderstood well-known religious figures by ignoring the legal issues they faced. This seminal text nuances vital aspects of scholarly conversations on sacred space, gift giving, wealth, and poverty in the late antique Mediterranean world, making use not only of Latin and Greek sources but also Coptic and Arabic evidence.

The anthropology that supports marriage perceives justice to be a particular reality, and for this reason marriage will always be a subject of law and of great interest to jurists and sociologists alike. With respect to the realization of justice in marriage, understood as the moment the bond is created, Catholic ecclesiology and canon law articulate an original legal category--namely, the consensual incapacity to marry. In the last fifty years, however, and despite the juridical innovations provided by the current Code of Canon Law promulgated in 1983, American canonical practice in the sphere of marriage law has lost its foundation. The consequences of this include mechanisms of judgment that are rendered incoherent although not inactive, particularly in local tribunals reviewing claims of marriage nullity. In other words, the application of law in the Catholic Church moves forward without a clear indication of its anthropological basis. Canon law, then, on the issue of marriage is perceived to be purposefully oppressive or absolutely meaningless. Jurists, scholars, and members of the Roman Curia acknowledge that, more than a general response to this crisis of law and marriage, what might be needed most is greater scrutiny of the canon in which the formula for consensual incapacity appears. It is furthermore acknowledged that American canonical practice is perhaps the most influential in the world, and is responsible for shaping and sustaining the global attention given to this issue. To fully grasp the crisis and the best way forward, a profile of this canon in American jurisprudence is fundamental and demanded presently. The new course charted by canonical studies and formation of jurists, as well as the new developments in ecclesiastical legislation, will find guidance in this study provided by Catherine Godfrey-Howell, and further insight in the foreword given by the American Cardinal prelate and former Prefect of the Apostolic Signatura, Raymond Leo Cardinal Burke.

According to a persistent popular stereotype, early Judaism is seen as a "legalistic" religious tradition, in contrast to early Christianity, which seeks to obviate and so to supersede, annul, or abrogate Jewish law. Although scholars have known better since the surge of interest in the question of the law in post-Holocaust academic circles, the complex stances of both early Judaism and early Christianity toward questions of law observance have resisted easy resolution or sweeping generalizations. The essays in this volume aim to bring to the fore the legalistic and antinomian dimensions in both traditions, with a variety of contributions that examine the formative centuries of these two great religions and their legal traditions. They explore how law and lawlessness are in tension throughout this early, formative period, and not finally resolved in one direction or the other.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.