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Papal Jurisprudence, 385–1234
Social Origins and Medieval Reception of Canon Law

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  • Date Published: May 2024
  • availability: Available
  • format: Paperback
  • isbn: 9781108460866

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  • Why did bishops turn to the papacy for advice in late Antiquity? And what does the reception of these decretals reveal about the legal and religious culture of the mid-thirteenth century? This interpretative volume seeks to explain the first decretal age of late antiquity, placing the increased demand for papal jurisprudence – long before it exerted its influence through religious fear – within its social broad context. D. L. d'Avray then traces the reception of this jurisprudence through to the mid-thirteenth century, and the post-Gratian decretal age. Along the way he explores the role of Charlemagne and 'Pseudo-Isidore', which included many genuine early decretals alongside forged ones. Similarities between the Latin world c. 400 and c. 1200 thus help explain parallels between the two decretal ages. This book also analyses decretals from both ages in chapters on pagan marriages, clerics in minor orders, and episcopal elections. For both ages the relation between canon law and other religious genres is elucidated, demonstrating many fascinating parallels and connections.

    • Integrates the history of canon law into wider history, helping to make this important sub-discipline more accessible
    • Connects late Antique papal history with later periods to show how much it owed to late Antique developments
    • Brings the long period from the fourth to the thirteenth century within a common framework, united through primary research
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    Reviews & endorsements

    'The history of the papacy in the early Middle Ages is plagued with conflicting scholarly interpretations of its role, importance, and doctrines. David d'Avray has written a masterfully lucid analysis of the first papal letters, papal authority and institutions, and the problems the bishops of Rome faced as they strove to create a universal set of norms for the church.' Kenneth Pennington, Catholic University of America

    'As he did for sermons, David d'Avray combines meticulous case studies and a compelling narrative to explain the responsive nature of canon law and collapse distinctions between Late Antiquity and the Middle Ages. Both late antique and high medieval papal decretals were issued and interpreted in response to 'social complexities and uncertainties.' The sheer quantity and complexity of papal decretals in canon law collections and the specialist glosses these required meant that canon law became dominated by Rome rather than local experts, forever determining the nature of canon law in the West.' Jessalynn Bird, Saint Mary's College, Notre Dame, IN

    'If you think you know what a book about papal decretals is going to be like, think again. This is not a standard accounting of popes and recipients, textual reception, and early medieval or later canonical collections … It is difficult to express how interesting a book d'Avray has written. He brings new insights and frameworks to the topic of papal decretals, pushes historians to think well beyond their typical chronological limits, and convincingly demonstrates that careful and even tedious textual and manuscript research can profitably be combined with larger social analyses …' Atria A. Larson, The Medieval Review

    'd'Avray's thesis of the two decretal ages is convincing, and highly stimulating for the interpretation and evaluation of papal letters. By confronting the two phases, furthermore, the author calls into question familiar period boundaries, which assign the two decretal ages to different fields of research. How fruitful it can be to cross period boundaries, as in this case, is demonstrated by the book.' Cornelia Scherer, H-Soz-Kult

    '… an extremely stimulating book, which brings out in a granular and penetrating way the significance of papal decretals for the evolution of law in general, and also sets them in their historical context with the help of sociological models...' Lotte Kéry, Historische Zeitschrift

    '… an admirable achievement from which the study of history will benefit for a long time. In a nutshell … a great, a great work!' Eva Grassi, Quellen und Forschungen aus italienischen Archiven und Bibliotheken

    'This is a thought-provoking book, written in a very readable, indeed conversational, style that allows the reader to share the author's enthusiasm.' Julia Barrow, American Historical Review

    '[A] fine work … [This review] cannot do complete justice to the richness of this work, its erudition, its original and stimulating perspective.' Michèle Bégou-Davia, La revue historique de droit français et étranger

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    Product details

    • Date Published: May 2024
    • format: Paperback
    • isbn: 9781108460866
    • length: 332 pages
    • dimensions: 229 x 152 x 18 mm
    • weight: 0.484kg
    • availability: Available
  • Table of Contents

    Introduction
    1. Transformations and long-term explanations
    2. The Christian Roman empire, c. 400
    3. c. 400: practical complexities and uncertainties
    4. c. 400: uncertainty about grace
    5. Papal rulings and ritual
    6. Hierarchies
    7. Clerical status and monks
    8. Returning heretics
    9. Pelagianism and the papacy
    10. Leo I
    11. Post-imperial syntheses
    12. Early papal laws in the barbarian west
    13. Carolingian culture and its legacy
    14. 1050–1150
    15. Theology and law
    16. c. 400 and c. 1200: complexity, conversion and bigamia
    17. Clerics in minor orders
    18. Choosing bishops
    19. Overall conclusions
    Appendix A. Leo I
    Appendix B. Gelasius
    Appendix C. Gloss II (Johannes Teutonicus and Bartholomaeus Brixiensis) on Gratian and the liber extra
    Appendix D. Conceptual sources.

  • Author

    D. L. d'Avray, University College London
    D. L. d'Avray is Professor Emeritus of History at University College London. He has published widely on medieval preaching, death and kingship, marriage, rationalities, and the papacy. His previous publications include the companion volume of texts, Papal Jurisprudence c. 400: Sources of the Canon Law Tradition (Cambridge, 2019); Papacy, Monarchy and Marriage, 860–1600 (Cambridge, 2015); and Dissolving Royal Marriages: A Documentary History, 860–1600 (Cambridge, 2014). He has been Fellow of the British Academy since 2005 and Corresponding Fellow of the Medieval Academy of America since 2016.

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