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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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The History of Medieval Canon Law in the Classical Period, 1140-1234 - From Gratian to the Decretals of Pope Gregory IX (Hardcover)
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The History of Medieval Canon Law in the Classical Period, 1140-1234 - From Gratian to the Decretals of Pope Gregory IX (Hardcover)
Series: History of Mediaeval Canon Law
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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.
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