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15 - Theology and Law

Published online by Cambridge University Press:  10 March 2022

D. L. d'Avray
Affiliation:
University College London
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Summary

With both the role of professionalization in the second decretal age, and the divergence between canon law and theology, contingency must be given its due, as against an assumption that the separation of theology from a canon law which was professionalized and based on papal decretals was in any way inevitable. Decretals and professionalization were indeed integrated in Western Europe around 1200, and in a different intellectual sphere from university theology, but there was no necessity about it. Without the legacy of the first decretal age, there might never have been a second decretal age, though there would surely have been a system run by academically trained lawyers. Similarly, there was no necessity about the separation of canon law from theology. A change of theological fashion is part of the explanation, but so too is the direction in which the Breviarium of Bernard of Pavia pointed the system. Bernard was the Dionysius Exiguus of his age.

Type
Chapter
Information
Papal Jurisprudence, 385–1234
Social Origins and Medieval Reception of Canon Law
, pp. 189 - 203
Publisher: Cambridge University Press
Print publication year: 2022

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  • Theology and Law
  • D. L. d'Avray, University College London
  • Book: Papal Jurisprudence, 385–1234
  • Online publication: 10 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108595292.016
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  • Theology and Law
  • D. L. d'Avray, University College London
  • Book: Papal Jurisprudence, 385–1234
  • Online publication: 10 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108595292.016
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Theology and Law
  • D. L. d'Avray, University College London
  • Book: Papal Jurisprudence, 385–1234
  • Online publication: 10 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781108595292.016
Available formats
×