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    Dorin, Rowan W. 2016. “Once the Jews have been Expelled”: Intent and Interpretation in Late Medieval Canon Law. Law and History Review, Vol. 34, Issue. 02, p. 335.


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“Apply to Muslims What Was Said of the Jews:” Popes and Canonists Between a Taxonomy of Otherness and Infidelitas

Abstract

This article analyzes the targets of papal policies on Christians' relations with non-(Roman)Christians contained in canon law's On Jews, Saracens, and Their Servants in a historical period that has attracted comparatively little attention: the mid-thirteenth to the late fifteenth century. It argues the inherent ambiguity of the normative discourse on “proper” relations with “infidels.” On the one hand, popes and canonists faithfully preserved a taxonomy of otherness inherited from the church's ancient past. On the other hand, they often reduced all difference to the pastoral distinction between flock and “infidels.” The conflation of non-Christians occurred in multiple ways: through the explicit extension of a specific policy's targets, overt canonistic discussion, the tacit application of the law to analogous situations, or its simplification for use in the confessional. As a result, a number of policies aimed originally at a specific target were applied to all non-Christians. In the course of the later Middle Ages, a whole group of policies meant to define Christians' proper relations with others became potentially applicable against all non-Christians. In the words of a widely, if regionally disseminated, penitential work, all that was said of the Jews applies to the Muslims and all that was said of heretics, applies to schismatics.

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Corresponding author
stefan.stantchev@asu.edu
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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Robert Chazan's overview, The Jews of Medieval Western Christendom, 1000–1500 (Cambridge: Cambridge University Press, 2006)

Robert I. Moore, The Formation of a Persecuting Society (Malden, MA: Blackwell Publishing, 2007)

Anna Sapir Abulafia, ed., Religious Violence between Christians and Jews (New York: Palgrave, 2002)

Diane Owen Hughes, “Distinguishing Signs: Ear-Rings, Jews and Franciscan Rhetoric in the Italian Renaissance City,” Past and Present 112 (1986): 359

Edward Kessler, An Introduction to Jewish–Christian Relations (Cambridge: Cambridge University Press, 2010), 107

Brian Catlos, The Victors and the Vanquished. Christians and Muslims of Catalonia and Aragon, 1050–1300 (Cambridge: Cambridge University Press, 2004)

Nora Berend, At the Gate of Christendom. Jews, Muslims and ‘Pagans’ in Medieval Hungary, c.1000–c.1300 (Cambridge: Cambridge University Press, 2001)

David M. Freidenreich, “Sharing Meals with Non-Christians in Canon Law Commentaries, Circa 1160–1260: A Case Study in Legal Development,” Medieval Encounters 14 (2008): 4177

David Nirenberg, “Conversion, Sex, and Segregation: Jews and Christians in Medieval Spain,” The American Historical Review 107(4) (2002): 1065–93

James A. Brundage, The Medieval Origins of the Legal Profession. Canonists, Civilians, and Courts (Chicago: University of Chicago Press, 2008)

Anders Winroth, The Making of Gratian's Decretum (Cambridge: Cambridge University Press, 2000)

Stefan K. Stantchev Spiritual Rationality. Papal Embargo as Cultural Practice (Oxford: Oxford University Press, 2014, forthcoming)

James Brundage, Law, Sex, and Christian Society in Medieval Europe (Chicago: University of Chicago Press, 1987)

Mark Pegg, The Corruption of Angels, The Great Inquisition of 1245–1246 (Princeton: Princeton University Press, 2001)

Michel Balard,“The Greeks of Crimea under Genoese Rule in the XIVth and XVth Centuries,” Dumbarton Oaks Papers 49 (1995), 2332

Norman Housley, Crusading and the Ottoman Threat, 1453–1505 (Oxford: Oxford University Press, 2012)

Felicitas Schmieder, “Cum hora undecima: The Incorporation of Asia into the orbis Christianus,” in Christianizing Peoples and Converting Individuals, ed. Guyda Armstrong and Ian N. Wood (Turnhout: Brepols, 2000), 259–65

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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