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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.
Fur die dritte Auflage hat Wilfried Hartmann sein Standardwerk zum
Investiturstreit umfassend uberarbeitet und die
Forschungsdiskussionen komplett aktualisiert. Vor allem die
Abschnitte uber Quellenausgaben, Biographien sowie uber das
Konigtum wurden stark erweitert, da in diesen Bereichen die
Forschung der letzten 15 Jahre besonders wichtige Beitrage erbracht
hat. In einem eigenen Abschnitt wird die Literatur uber die "Wende
des 11. Jahrhunderts" vorgestellt und kritisch bewertet. In
bewahrter Weise erganzt die umfangreiche, thematisch gegliederte
Bibliographie diese grundlegende Einfuhrung fur Studierende und
Dozenten der Mittelalterlichen Geschichte."
Understanding the rules of procedure and the practices of medieval
and early modern courts is of great importance for historians of
every stripe. The authors and editors of this volume present
readers with a description of court procedure, the sources for
investigating the work of the courts, the jurisprudence and the
norms that regulated the courts, as well as a survey of the variety
of courts that populated the European landscape. Not least, the
authors wish to show the relationship between the jurisprudence
that governed judicial procedure and what happened in the court
room. By the end of the thirteenth century, court procedure in
continental Europe in secular and ecclesiastical courts shared many
characteristics. As the academic jurists of the Ius commune began
to excavate the norms of procedure from Justinian's great
codification of law and then to expound them in the classroom and
in their writings, they shaped the structure of ecclesiastical
courts and secular courts as well. These essays also illuminate
striking differences in the sources that we find in different parts
of Europe. In northern Europe the archives are rich but do not
always provide the details we need to understand a particular case.
In Italy and Southern France the documentation is more detailed
than in other parts of Europe but here too the historical records
do not answer every question we might pose to them. In Spain,
detailed documentation is strangely lacking, if not altogether
absent. Iberian conciliar canons and tracts on procedure tell us
much about practicein Spanish courts. As these essays demonstrate,
scholars who want to peer into the medieval courtroom, must also
read letters, papal decretals, chronicles, conciliar canons, and
consilia to provide a nuanced and complete picture of what happened
in medieval trials. This volume will give sophisticated guidance to
all readers with an interest in European law and courts.
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