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Cypres doctrine, which allows the purpose of a failing or impractical charitable gift to be changed, has been understood since the eighteenth century as a medieval canon law principle, derived from Roman law, to rescue souls by making good their last charitable intentions. The Uses of the Dead offers an alternate origin story for this judicial power, grounded in modern, secular concerns.
An updated and expanded version of the original edition, published in 1998. That original edition went up through 1245. This new version extends to 1317 and adds two important prefaces.
Includes texts and photographs from the Apostolic Penitentiary, ""A Sip from the 'Well of Grace'"", which is groundbreaking in its analysis of one of the most important papal offices of the Middle Ages. This book offers an introduction to the functions of the Apostolic Penitentiary and considers its role among the various papal offices.
Examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings.
Huguccio was an important lawyer of the medieval church, bishop of Ferrara, and one of the greatest representatives of twelfth-century scholasticism. In this book-length study of this influential figure, Wolfgang P. Muller provides a critical account of the biographical information on the man and his writings.
Drawing on the records of nearly 100 bishops' councils spanning the centuries, alongside royal law, edicts, and capitularies of the same period, this study details how royal law and the very character of kingship among the Franks were profoundly affected by episcopal traditions of law and social order.
"Lucidly written, extensively documented, and masterfully argued, Gratian the Theologian is an impressive work of scholarship that draws upon a wide-ranging, yet intimate knowledge of the relevant legal and theological sources to illuminate and contextualize the theological elements in Gratian's thought and, at the same time, to contribute substantively to the ongoing discussion of the textual history of the Decretum. Addressed to specialists and advanced students, this book belongs on the shelves of all academic libraries supporting programs in canon law, theology, and medieval history."-Catholic Library World
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