Brepols is publishing a new book
on the role of popes and bishops in the development of the law of the church
between 1120 and 1234.
ABOUT THE BOOK
This book considers the role of
popes and bishops in the development of the law of the Church between 1120 and
1234. Although historians have traditionally seen the popes as the driving
force behind the legal transformation of the Church in the twelfth and
thirteenth centuries, the primary argument of this book is that the functioning
of the process of consultation and appeal reveals a different picture: not of a
relentless papal machine but of a constant dialogue between diocesan bishops
and the papal Curia.
Bishops have always played a
central role in the making and enforcement of the law of the Church, and none
more so than the bishop of Rome. From convening and presiding over church
councils to applying canon law in church courts, popes and bishops have
exercised a decisive influence on the history of that law.
This book, a selection of Anne J.
Duggan’s most significant studies on the history of canon law, highlights the
interactive role of popes and bishops, and other prelates, in the development
of ecclesiastical law and practice between 1120 and 1234. This emphasis
directly challenges the pervasive influence of the concept of ‘papal monarchy’,
in which popes, and not diocesan bishops and their legal advisers, have been
seen as the driving force behind the legal transformation of the Latin Church
in the twelfth and early thirteenth centuries. Contrary to the argument that
the emergence of the papacy as the primary judicial and legislative authority
in the Latin Church was the result of a deliberate programme of papal
aggrandizement, the principal argument of this book is that the processes of
consultation and appeal reveal a different picture: not of a relentless papal
machine but of a constant dialogue between diocesan bishops and the papal
Curia, in which the ‘papal machine’ evolved to meet the demand.
ABOUT THE AUTHOR
Author) Anne J. Duggan is
Emeritus Professor of Medieval History and Fellow of King’s College London;
(Editor) T.R. Baker (D.Phil,
Oxford, 2017) is a private scholar living in the Diocese of Orange. He is the
editor of Law and Society in Later Medieval England and Ireland: Essays in
Honour of Paul Brand (Routledge, 2018).
TABLE OF CONTENTS
Chapter 1: Jura sua unicuique
tribuat: Innocent II and the advance of the learned laws
Chapter 2: ‘Justinian’s Laws, not
the Lord’s’: Eugenius III and the learned laws
Chapter 3: Servus servorum Dei:
Adrian IV’s contribution to canon law (1154-9)
Chapter 4: Alexander ille meus:
The Papacy of Alexander III
Chapter 5: The Effect of
Alexander III’s ‘Rules on the Formation of Marriage’ in Angevin England
Chapter 6: The Nature of
Alexander III’s Contribution to Marriage Law, with special reference to Licet
preter solitum
Chapter 7: Master of the
Decretals: A Reassessment of Alexander III’s Contribution to Canon Law
Chapter 8: Making Law or Not? The
Function of Papal Decretals in the Twelfth Century
Chapter 9: ‘Our Letters have not
usually made law (legem facere) on such matters’ (Alexander III, 1169): a new
look at the formation of the canon law of marriage in the twelfth century
Chapter 10: Manu Sollicitudinis:
Celestine III and Canon Law
Chapter 11: De Consultationibus:
the role of episcopal consultation in the shaping of canon law in the twelfth
century
Chapter 12: The English Exile of
Archbishop Øystein of Nidaros (1180-83)
Chapter 13: The Decretals of
Archbishop Øystein of Trondheim (Nidaros)
Chapter 14: Eystein and the World
of the Learned Law: with special reference to the Fragmentum Asloense: Oslo,
Riksarkivet, latin fragment 152, 1–2
More info here
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