Open access: https://brill.com/display/title/57404
The Decretum Gratiani is the cornerstone of m... more Open access: https://brill.com/display/title/57404 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.
The study researches the orders of medieval legal knowledge as displayed in medieval canon law. I... more The study researches the orders of medieval legal knowledge as displayed in medieval canon law. It demonstrates that the knowledge of canon law fundamentally changed between 1000 and 1215 from linear to complex, highly interlinked knowledge. This book, carefully examining the manuscript transmission, studies papal jurisdictional primacy and clerical celibacy and thus illucidates the evolution of legal knowledge. It also demonstrates the influence of the artes liberales and the rhetoric on ordering canon law. Thereby, the study allows a fascinating insight into the origins of canon law as academic discipline and thus it demonstrates the diversiy and multilayeredness of legal knowledge in the High Middle Ages.
Eduard Maurits Meijers (1880-1954), an eminent Dutch scholar, was professor of private law and pr... more Eduard Maurits Meijers (1880-1954), an eminent Dutch scholar, was professor of private law and private international law at the University of Leiden. Besides his focus on current law, Meijers was also intrigued by legal history. In the 1920s, he observed similarities in inheritance law in different parts of Europe, for instance in the Netherlands, Belgium, France, and Switzerland. As the similarity of these legal institutions were neither based on Roman law nor on Germanic law, they were – according to Meijers – shaped by a tribe belonging to the so called “Alpine race”. He named this tribe “Ligurians” according to the Italian region Liguria where these principles were also found. Meijers suggested that the “Ligurians” migrated in the first millenium BC and disseminated their legal ideas all over Europe. This study investigates Meijers’s theory of a “Ligurian Inheritance Law” from a historiographic point of view. First, it places the “Ligurian Inheritance law” in the intellectual context of the beginning of the twentieth century and demonstrates that Meijers was heavily influenced by Austrian and German legal historians and their reconstruction of a Germanic private law. He essentially applied the “retrospective method” espoused by Julius Ficker and Edwin Mayer-Homberg to inheritance law. Second, this study further looks at the reception of Meijers‘s theory in Europe. It demonstrates that Meijers’s “Ligurian Inheritance Law” was harshly criticized by scholars; hence it has been widely forgotten in Europe except for Belgium where it is still part of the academic discourse. One reason why the volumes on the “Ligurian Inheritance Law” are still used is the fact that they are accompanied by a thorough edition and study of primary sources of modern Belgium. Therefore, Meijers’s study retained its importance as a local study of medieval private law, even if the Ligurian origin of these principles was no longer believed. Nonetheless, the “Ligurians” are memorized in Belgium. Th ird, research on Meijers and the reception of his studies highlight how close the academic exchange between the Netherlands and German speaking countries was at the beginning of the twentieth century. Furthermore, it demonstrates how diff erently a “history of private law” is currently written in Europe and reveals thereby divergent historiographic traditions (part V).
Open access: https://brill.com/display/title/57404
The Decretum Gratiani is the cornerstone of m... more Open access: https://brill.com/display/title/57404 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.
The study researches the orders of medieval legal knowledge as displayed in medieval canon law. I... more The study researches the orders of medieval legal knowledge as displayed in medieval canon law. It demonstrates that the knowledge of canon law fundamentally changed between 1000 and 1215 from linear to complex, highly interlinked knowledge. This book, carefully examining the manuscript transmission, studies papal jurisdictional primacy and clerical celibacy and thus illucidates the evolution of legal knowledge. It also demonstrates the influence of the artes liberales and the rhetoric on ordering canon law. Thereby, the study allows a fascinating insight into the origins of canon law as academic discipline and thus it demonstrates the diversiy and multilayeredness of legal knowledge in the High Middle Ages.
Eduard Maurits Meijers (1880-1954), an eminent Dutch scholar, was professor of private law and pr... more Eduard Maurits Meijers (1880-1954), an eminent Dutch scholar, was professor of private law and private international law at the University of Leiden. Besides his focus on current law, Meijers was also intrigued by legal history. In the 1920s, he observed similarities in inheritance law in different parts of Europe, for instance in the Netherlands, Belgium, France, and Switzerland. As the similarity of these legal institutions were neither based on Roman law nor on Germanic law, they were – according to Meijers – shaped by a tribe belonging to the so called “Alpine race”. He named this tribe “Ligurians” according to the Italian region Liguria where these principles were also found. Meijers suggested that the “Ligurians” migrated in the first millenium BC and disseminated their legal ideas all over Europe. This study investigates Meijers’s theory of a “Ligurian Inheritance Law” from a historiographic point of view. First, it places the “Ligurian Inheritance law” in the intellectual context of the beginning of the twentieth century and demonstrates that Meijers was heavily influenced by Austrian and German legal historians and their reconstruction of a Germanic private law. He essentially applied the “retrospective method” espoused by Julius Ficker and Edwin Mayer-Homberg to inheritance law. Second, this study further looks at the reception of Meijers‘s theory in Europe. It demonstrates that Meijers’s “Ligurian Inheritance Law” was harshly criticized by scholars; hence it has been widely forgotten in Europe except for Belgium where it is still part of the academic discourse. One reason why the volumes on the “Ligurian Inheritance Law” are still used is the fact that they are accompanied by a thorough edition and study of primary sources of modern Belgium. Therefore, Meijers’s study retained its importance as a local study of medieval private law, even if the Ligurian origin of these principles was no longer believed. Nonetheless, the “Ligurians” are memorized in Belgium. Th ird, research on Meijers and the reception of his studies highlight how close the academic exchange between the Netherlands and German speaking countries was at the beginning of the twentieth century. Furthermore, it demonstrates how diff erently a “history of private law” is currently written in Europe and reveals thereby divergent historiographic traditions (part V).
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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.
This study investigates Meijers’s theory of a “Ligurian Inheritance Law” from a historiographic point of view. First, it places the “Ligurian Inheritance law” in the intellectual context of the beginning of the twentieth century and demonstrates that Meijers was heavily influenced by Austrian and German legal historians and their reconstruction of a Germanic private law. He essentially applied the “retrospective method” espoused by Julius Ficker and Edwin Mayer-Homberg to inheritance law.
Second, this study further looks at the reception of Meijers‘s theory in Europe. It demonstrates that Meijers’s “Ligurian Inheritance Law” was harshly criticized by scholars; hence it has been widely forgotten in Europe except for Belgium where it is still part of the academic discourse. One reason why the volumes on the “Ligurian Inheritance Law” are still used is the fact that they are accompanied by a thorough edition and study of primary sources of modern Belgium. Therefore, Meijers’s study retained its importance as a local study of medieval private law, even if the Ligurian origin of these principles was
no longer believed. Nonetheless, the “Ligurians” are memorized in Belgium.
Th ird, research on Meijers and the reception of his studies
highlight how close the academic exchange between
the Netherlands and German speaking countries was at
the beginning of the twentieth century. Furthermore, it
demonstrates how diff erently a “history of private law” is
currently written in Europe and reveals thereby divergent
historiographic traditions (part V).
Papers
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.
This study investigates Meijers’s theory of a “Ligurian Inheritance Law” from a historiographic point of view. First, it places the “Ligurian Inheritance law” in the intellectual context of the beginning of the twentieth century and demonstrates that Meijers was heavily influenced by Austrian and German legal historians and their reconstruction of a Germanic private law. He essentially applied the “retrospective method” espoused by Julius Ficker and Edwin Mayer-Homberg to inheritance law.
Second, this study further looks at the reception of Meijers‘s theory in Europe. It demonstrates that Meijers’s “Ligurian Inheritance Law” was harshly criticized by scholars; hence it has been widely forgotten in Europe except for Belgium where it is still part of the academic discourse. One reason why the volumes on the “Ligurian Inheritance Law” are still used is the fact that they are accompanied by a thorough edition and study of primary sources of modern Belgium. Therefore, Meijers’s study retained its importance as a local study of medieval private law, even if the Ligurian origin of these principles was
no longer believed. Nonetheless, the “Ligurians” are memorized in Belgium.
Th ird, research on Meijers and the reception of his studies
highlight how close the academic exchange between
the Netherlands and German speaking countries was at
the beginning of the twentieth century. Furthermore, it
demonstrates how diff erently a “history of private law” is
currently written in Europe and reveals thereby divergent
historiographic traditions (part V).