Cover

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Title Page, Copyright Page

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Contents

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pp. v-vi

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Acknowledgments

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pp. vii-viii

The period covered by this volume has been the most intensely researched in the history of canon law. It covers the years from the birth of canonical jurisprudence in Bologna during the first half of the twelfth century to the promulgation of the Decretals of Gregory IX in 1234. In the early twelfth century, Gratian began to teach canon law in Bologna, and, ...

Abbreviations

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pp. ix-xiii

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1. The Establishment of Normative Legal Texts: The Beginnings of the Ius commune

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pp. 1-21

The ‘rediscovery’ of Roman law and the concomitant development of canon law in twelfth-century Europe have intrigued historians since the sixteenth century. The rediscovery and renewal of what the Germans have called ‘scientific jurisprudence’ played a key role in the development of Charles Homer Haskins’ vision of the ‘Renaissance of the Twelfth Century’ and ...

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2. Gratian and the Decretum Gratiani

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pp. 22-54

The name of Master Gratian has long been associated with a twelfth-century collection of Latin sources of canon law. Not only does this collection, definitive and authoritative for many centuries, have systematically arranged texts dating from the early church to the twelfth century, but the texts are discussed and analyzed through Gratian’s dicta (comments), in which he interpreted ...

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3. The Development of the Glossa ordinaria to Gratian’s Decretum

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pp. 55-97

Glosses on the Decretum probably formed the earliest field of activity for canonists.1 Their first glosses were short explanations of words. This type of gloss was very old. It can be found in the margins of pre-Gratian canon collections from the early Middle Ages, for example, as in the Dionysio-Hadriana in Würzburg M. p. th. f. 3 dating from the beginning of the ninth century, which ...

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4. The Teaching and Study of Canon Law in the Law Schools

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pp. 98-120

University teaching of canon law is as old as the universities themselves, and every medieval university provided for it.1 Exactly when this began is impossible to say, as it is not possible to assign a precise date for the appearance of the earliest universities in Europe. Canon law was certainly taught in some systematic fashion in private schools at Bologna before ...

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5. The Decretists: The Italian School

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pp. 121-173

Although it was not a highly polished text and its organization made it difficult to use, Gratian’s Decretum quickly became the standard textbook of medieval canon law in the Italian and transmontane schools. Its flaws were created by its long period of gestation but were minor when compared to its utility. The Decretum began as a book for teaching, and it remained ...

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6. The Transmontane Decretists

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pp. 174-210

The title of this chapter has been chosen to underline both the Northern canonists’ connections with, and their differences from, Italian decretists. The title also underlines the author’s conviction that the Bolognese school set the standard for the academic study of canon law. To take one example, it was the Bolognese-educated decretist Stephen of Tournai who ...

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7. The Decretalists 1190–1234

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pp. 211-245

Bernard of Pavia, also known as Bernardus Balbi, inaugurated the age of the decretalists, the name given by scholars to those jurists who concentrated on papal decretals in their teaching and writing. He had glossed Gratian’s Decretum during the 1170s, beginning his career at Bologna in the age of the decretists. Like his teacher, Huguccio, Bernard followed a ‘cursus ...

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8. Decretal Collections from Gratian’s Decretum to the Compilationes antiquae: The Making of the New Case Law

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pp. 246-292

The history of canonical collections from Gratian’s Decretum (1125–1139) to the Compilationes antiquae (1189–1191 to 1226) presents a pattern of almost impenetrable complexity.1 Their earliest origins lie in the paleae (additional material inserted at appropriate points in Gratian manuscripts and gradually absorbed into the text) and in the groups ...

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9. Decretal Collections 1190–1234

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pp. 293-317

The flood tide of decretals that inspired the canonists to append small decretal collections to Gratian’s Decretum or to organize them into independent works did not recede as the twelfth century edged toward the shores of the thirteenth. The papacy inexorably descended, in the words of R.W. Southern, ‘into a vast ocean of litigation’.1 Our hindsight gives us ...

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10. Conciliar Law 1123–1215: The Legislation of the Four Lateran Councils

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pp. 318-366

When a bishop declared at the beginning of Third Lateran Council in 1179 that only the Roman Church could issue decrees of universal character, he was proclaiming a principle which had inspired reforming popes since Leo IX. The resumption of regular Roman councils, usually held in the Lateran during Lent, had been a crucial element both in the progress ...

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11. The Fourth Lateran Council and the Canonists

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pp. 367-378

The Fourth Lateran Council was celebrated in the Lateran Basilica, from the eleventh to the thirtieth of November 1215; the major fruits of this council were its 71 constitutions, which constitute the single most substantial collection of legislation put together by medieval popes for the reform of the Church and society of the time.1 ...

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12. The Internal Forum and the Literature of Penance and Confession

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pp. 379-428

When Dante ascended to the Sphere of the Sun, he was directed by St. Thomas Aquinas to consider a circle of shining lights. One of the lights, St. Thomas tells him, is Gratian, ‘who served the one and the other court so well that it gives pleasure in Paradise’ (‘che l’uno e l’altro foro / aiutò sì che piace paradiso’, Paradisio 10.104–5).1 ...

Indices

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pp. 429-442