Suchergebnisse

Introduction -- Law in the early Christian church -- Canon Law in the early Middle Ages -- Canon Law amid eleventh-century reform efforts -- Gratian and the decretists -- Decretals and the decretalists -- Canon Law in intellectual spaces -- Courts and procedure -- Canon Law in the lives of people -- The impact of Canon Law on Western societies -- Conclusion.

Publisher's description: The wish to avoid scandala or to put an end to scandalous situations has been and remains a continuous concern of canonists and Church authorities, at least as of the thirteenth century. As of Raymond of Penafort's Summa de paenitentia (late 1220s - early 1230s), scandalum was dealt with separately in canonical dictionaries. Legal historical research on the earlier use of the term within canon law, is however relatively scarce. Inspired by the linguistic-philosophical approach of the Begriffsgeschichte, this book offers a conceptual-historical analysis of the use of scandalum by early Bolognese decretists (ca. 1140 - ca. 1180) and in papal decretals from Alexander III (1159) until the promulgation of the Liber Extra by Gregory IX in 1234. For Gratian and the earliest generation of decretists (Paucapalea and Rolandus), scandalum was a quite insignificant notion. Gradually, with Rufinus, however, the concept gained importance, both quantitatively and qualitatively. Stephen of Tournai pointed at the horrible consequences of a scandalum for the salvation of the souls. Simon of Bisignano stressed, for instance, the opposition between scandalum and peace. Even though non of the twelfth- and early thirteenth-century sources had yet developed a consistent theory on scandalum and its legal consequences, the analysis of papal decretals shows how scandalum became a more popular concept, especially in the field of disciplinary and penal canon law. Some evidence even suggests an instrumentalism of the term by the end of the twelfth century. At the same time, increasingly popes, especially Innocent III (1198-1216), were aware of the ambivalent nature of the concept. Apart from scandalum's polysemy, the legal-political use of the term was striking: repression, reconciliation and cover-up policies could all be justified in order to avoid or to put an end to scandala, and, thus, to save one's soul and to protect the Church. This relatively open and flexible notion played an important part in the Church's peace policy as well. This study argues that scandalum can be described as 'indignation as a source of conflicts'

Publisher's description: The wish to avoid scandala or to put an end to scandalous situations has been and remains a continuous concern of canonists and Church authorities, at least as of the thirteenth century. As of Raymond of Penafort's Summa de paenitentia (late 1220s - early 1230s), scandalum was dealt with separately in canonical dictionaries. Legal historical research on the earlier use of the term within canon law, is however relatively scarce. Inspired by the linguistic-philosophical approach of the Begriffsgeschichte, this book offers a conceptual-historical analysis of the use of scandalum by early Bolognese decretists (ca. 1140 - ca. 1180) and in papal decretals from Alexander III (1159) until the promulgation of the Liber Extra by Gregory IX in 1234. For Gratian and the earliest generation of decretists (Paucapalea and Rolandus), scandalum was a quite insignificant notion. Gradually, with Rufinus, however, the concept gained importance, both quantitatively and qualitatively. Stephen of Tournai pointed at the horrible consequences of a scandalum for the salvation of the souls. Simon of Bisignano stressed, for instance, the opposition between scandalum and peace. Even though non of the twelfth- and early thirteenth-century sources had yet developed a consistent theory on scandalum and its legal consequences, the analysis of papal decretals shows how scandalum became a more popular concept, especially in the field of disciplinary and penal canon law. Some evidence even suggests an instrumentalism of the term by the end of the twelfth century. At the same time, increasingly popes, especially Innocent III (1198-1216), were aware of the ambivalent nature of the concept. Apart from scandalum's polysemy, the legal-political use of the term was striking: repression, reconciliation and cover-up policies could all be justified in order to avoid or to put an end to scandala, and, thus, to save one's soul and to protect the Church. This relatively open and flexible notion played an important part in the Church's peace policy as well. This study argues that scandalum can be described as 'indignation as a source of conflicts'

Данная статья является первой из серии статей, посвященных вопросу развития частного права Европейского Союза. В статье последовательно рассматривается этап зарождения и развития частного права в общем и международного частного права ЕС, в частности. Исследуются вопросы формирования европейского права, в основу которого заложена рецепция римского частного права, и влияние на него церковного и местного права. Выделяются основные политические процессы, между светской и церковной властью, которые оказали принципиальное влияние на развитие частного права. Значительное внимание уделяется деятельности глоссаторов по осмыслению, систематизации и адаптации этих трех разрозненных систем права к потребностям их времени. ; The article is the first one from a series of articles covers development of private law of the European Union. The article has seen the emergence and development phase of private law in general and in particular, private international law of the EU. The article investigate the issues of forming a European law, which is based on the reception of Roman private law and the influence of the church and the local feudal law. There are fundamental political processes, between the secular and ecclesiastical authority, which has had a fundamental influence on the development of private law. Considerable attention is given to activities of glossators apropos of thinking, systematization and adaptation of these three disparate systems of law to the needs of their time.