The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards.
Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Corporate Jurisdiction, Academic Heresy, and Fraternal Correction at the University of Paris, 1200-1400, Gregory S. Moule explains how the theological faculty acquired independent jurisdiction over cases of academic heresy among its membership. He convincingly demonstrates that the faculty's jurisdiction and procedures were modelled on the pattern of a bishop and his cathedral canons.
Gregory S. Moule's analysis of Pierre D'Ailly's
Apologia confirms the faculty's jurisdiction and establishes that the censures of Denis Foulechat and John of Monteson were instances of judicial rather than fraternal correction. Medieval discussions of Judas Iscariot further clarify fraternal correction's role in the process of censure. Canon law, corporate theory, scholastic theology, and biblical commentary are employed to produce a wide-ranging, original, and thought-provoking study.
Kings, Knights, and Bankers, Richard Kaeuper presents a lifetime of medieval research on Italian financiers, English kingship, chivalric violence, and knightly piety. His foundational work on public finance connects Italian merchant banking with the growth of state power at the turn of the fourteenth century. Subsequent articles on law and order offer measured contributions to the continuing debate over the growth of governance and its relationship with contemporary disorder. He also convincingly proves that knights, the foremost military professionals of the medieval world, considered their prowess as both a source of honor and of sanctification. All interested in the history of medieval chivalry, governance, piety, and public finance can learn from this impressive collection of articles.
New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial
Histoire de collections canoniques. They present new research on pre-Gratian canon collection,
Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis.
New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages.
Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.
The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period.
Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.