Medieval church law and the origins of the western legal tradition. A tribute to Kenneth Pennington

[...]Donahue analyses the neglected contribution of Johannes Faventinus to the canonistic debate on marriage formation and suggests that he influenced Pope Alexander iii's important decretals on this issue; but his argument rests on the uncertain dating of these decretals and he revisits this q...

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Bibliographic Details
Published in:The Journal of ecclesiastical history 2010, Vol.61 (4), p.827
Main Authors: Clarke, Peter D, Müller, Sommar, Wolfgang P, Mary E
Format: Review
Language:English
Subjects:
12th century
9th century
Canon law
Collections
Colleges & universities
Essays
Law
Marriage
Theology
Online Access:Get full text
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Summary:[...]Donahue analyses the neglected contribution of Johannes Faventinus to the canonistic debate on marriage formation and suggests that he influenced Pope Alexander iii's important decretals on this issue; but his argument rests on the uncertain dating of these decretals and he revisits this question in an appendix. Ascheri surveys the church court records for late medieval Siena, while Schmugge studies a German petition to the papal penitentiary that describes a complex marriage case and illustrates the fifteenth-century laity's knowledge of canon law and their access to courts and skilled lawyers. [...]Helmholz assesses how much a famous English common lawyer, Thomas More, knew and respected canon law, concluding that he made some use of it, notably regarding heresy, and defended it, but recognised the limits placed upon it by the secular law and showed a humanist's impatience with its intricacies.
ISSN:0022-0469
1469-7637
DOI:10.1017/S0022046910001673