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The Use of Canon Law in Ecclesiastical Administration, 1000–1234
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.
New Techniques for Proving Plagiarism
This book demonstrates that the principles of textual criticism—borrowed from the fields of classics and medieval studies—have a valuable application for plagiarism investigations. Plagiarists share key features with medieval scribes who worked in scriptoriums and produced copies of manuscripts. Both kinds of copyists—scribes and plagiarists—engage in similar processes, and they commit distinctive copying errors. When committed by plagiarists, these copying errors have probative value for making determinations that a text is copied, and hence, unoriginal. To show the efficacy of the newly proposed techniques for proving plagiarism, case studies are drawn from philosophy, theology, and canon law.
Creating and Sharing Legal Knowledge in the Twelfth Century
The Decretum Gratiani is the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars. Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence. Contributors are Enrique de León, Stephan Dusil, Melodie H. Eichbauer, Atria A. Larson, Titus Lenherr, Philipp Lenz, Kenneth Pennington, Andreas Thier, José Miguel Viejo-Ximénez, John C. Wei, and Anders Winroth.
Hospitals in Communities of the Late Medieval Rhineland
From the mid-twelfth century onwards, the development of European hospitals was shaped by their claim to the legal status of religious institutions, with its attendant privileges and responsibilities. The questions of whom hospitals should serve and why they should do so have recurred — and been invested with moral weight — in successive centuries, though similarities between medieval and modern debates on the subject have often been overlooked. Hospitals’ legal status as religious institutions could be tendentious and therefore had to be vigorously defended in order to protect hospitals’ resources. This status could also, however, be invoked to impose limits on who could serve in and be served by hospitals. As recent scholarship demonstrates, disputes over whom hospitals should serve, and how, find parallels in other periods of history and current debates.
Civilians and Warfare in World History
This book explores the role played by civilians in shaping the outcomes of military combat across time and place. This volume explores the contributions civilians have made to warfare in case studies that range from ancient Europe to contemporary Africa and Latin America. Building on philosophical and legal scholarship, it explores the blurred boundary between combatant and civilian in different historical contexts and examines how the absence of clear demarcations shapes civilian strategic positioning and impacts civilian vulnerability to military targeting and massacre. The book argues that engagement with the blurred boundaries between combatant and non-combatant both advance the key anal...
Law in a Culture of Theology
Law in a Culture of Theology: The Use of Canon Law by Parisian Theologians, ca. 1120–ca. 1220 considers the study of law within its intellectual environment. It demonstrates that theologians associated with the schools of Paris in the twelfth century, particularly Peter the Chanter and his circle, had a working knowledge of Romano-canonical tradition and thought about the human context of the law, which, in turn, reflected the environment in which each master worked. It begins by showing the extent to which law was woven into the fabric of the schools of Paris, and follows with individual case studies. These case studies—marriage in Hugh of St. Victor’s De Sacramentis and Peter Lombard...
Law in a Culture of Theology
"Law in a Culture of Theology: The Use of Canon Law by Parisian Theologians, ca. 1120-ca. 1220 considers the study of law within its intellectual environment. It demonstrates that theologians associated with the schools of Paris in the twelfth century, particularly Peter the Chanter and his circle, had a working knowledge of Romano-canonical tradition and thought about the human context of the law, which, in turn, reflected the environment in which each master worked. It begins by showing the extent to which law was woven into the fabric of the schools of Paris, and follows with individual case studies. These case studies-marriage in Hugh of St. Victor's De Sacramentis and Peter Lombard's Se...
Medieval Canon Law
It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's ...
A Cultural History of Genocide
The period covered by this volume, roughly 800-1400, considers genocidal massacres and actions within the context of the pre-modern state, a time when the term "genocide" did not yet exist. In considering rhetoric, discrimination, and political and legal marginalization that impacted the lives of particular peoples, the volume takes as its premise that genocidal practices and massacres can occur when social dynamism and political change challenges the identity of a community.The case studies analysed in the individual chapters implicitly or explicitly draw upon the frameworks of comparative genocide scholars to explore genocidal massacres in the Middle Ages as localized phenomenon, even if t...
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