New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.

This ground-breaking study explores welfare institutions in western law in the middle ages and establishes, for the first time, a legal model for the hospital. On Hospitals takes us beyond canon law, Carolingian capitularies, and Justinian's Code and Novels, to late Roman testamentary law, identifying new legislation and legal initiatives in every period. In challenging long established orthodoxies, a new history of the hospital emerges, one that is fundamentally a European history. To the history of law, it offers an unusual lens through which to explore canon law. What this monograph identifies for the first time is that the absence of law is the key. This is a study of what happened when there was no legal inheritance, nor even an authority through which to act. Here, at the fringes of law, pioneers worked, and forgers played. Their efforts shed light on councils, both familiar and forgotten, and on major figures, including Abbot Ansegis of Saint Wandrille, Abbot Wala of Corbie, the Pseudo-Isidorian forgers, Pope Alexander III, Bernard of Pavia, and Robert de Courson. Finally On Hospitals offers a new picture of welfare at the heart of Christianity. The place of welfare houses, at the edge of law, has for too long encouraged an assumption that welfare itself was peripheral to popes and canonists and so, by implication, to those who designed the priorities of the Church. This study reveals the central place for them all, across a thousand years, of Christian caritas. We discover a Christian foundation that could belong not to the Church, but to the whole society of the faithful.

This monograph addresses the history of canon law in Western Europe between ca. 1000 and ca. 1150, specifically the collections compiled and the councils held in that time. The main part consists of an analysis of all major collections, taking into account their formal and material sources, the social and political context of their origin, the manuscript transmission, and their reception more generally. As most collections are not available in reliable editions, a considerable part of the discussion involves the analysis of medieval manuscripts. Specialized research is available for many but not all these works, but tends to be scattered across miscellaneous publications in English, German, French, Italian, and Spanish; one purpose of the book is thus to provide relatively uniform, up-to-date accounts of all major collections of the period. At the same time, the book argues that the collections are much more directly influenced by the social milieux from which they emerged, and that more groups were involved in the development of high medieval canon law than it has previously been thought. In particular, the book seeks to replace the still widely held belief that the development of canon law in the century before Gratian's Decretum (ca. 1140) was largely driven by the Reform papacy. Instead, it is crucial to take into account the contribution of bishops, monks, and other groups with often conflicting interests. Put briefly, local needs and conflicts played a considerably more important role than central (papal) 'reform', on which older scholarship has largely focused.

What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.

The growing interest in the relationship between religion and law is, in the case of Christianity, often viewed in monolithic terms. Moreover, the debate is often seen in terms of the relationship of Christianity to the state along with discussions about, for example, religious freedom. Christianity is often seen as responding to claims made on it by the state and by the growth of secularism. This book takes a different approach. First, it makes the claim that Christianity has something of value to say about various pressing issues which are of direct relevance to contemporary society. Amongst these are the place of human rights and that of individual claims of conscience. Second, it does not regard Christianity as a monolithic whole but takes as its starting point the sundering of Christendom at the Reformation, which, it claims, led in many cases to divergent patterns of thought between Catholics and Protestants about law and its place in society. However, as this book shows, in many cases, Catholic and Protestant thinking on areas such as natural law is not as divergent as it is often thought. Five hundred years after the Reformation, the work presents a reflection on the roots of Catholic and Protestant thinking on law and its place in society. It will be of interest to canon lawyers as well as academics and students of law and religion.

This volume aims to revitalize the exchange between sociological differentiation theory and the sociology of religion, which previously held center stage among the sociological classics. It brings together contributions from different disciplines, as well as various forms of regional and historical expertise, which are indispensable in forming a globally oriented sociological perspective today. Secularization is understood as a process of boundary demarcation, that is, as the enactment of semantic, practical, and institutional distinctions between religion and other spheres of activity and knowledge. These distinctions may emerge from within the religious field itself, or may be absorbed into the field having originally emerged elsewhere. They may even be directly imposed upon religion by external forces. The volume is therefore based on the premise that societal differentiation – and secularity as a specific expression of it – is a widespread structural feature that nonetheless takes on various forms, depending on its historical and cultural context. In order to make this diversity visible, the volume adopts a global comparative perspective, and examines historical distinctions and differentiations in the West and beyond. By examining different forms and modes of secularity in statu nascendi, the volume contributes to developing a better understanding of the diversity of secularities, even of those found in the present day, in terms of their historicity and their specific path dependencies. With this shift in perspective, this special volume initiates a global and historical turn in the theory of differentiation, as well as in the study of secularity.

We live in a world riven through with standards. To understand more of their deep, rich past is to understand ourselves better. The two volumes, Standardization in the Middle Ages. Volume 1: The North and Standardization in the Middle Ages. Volume 2: Europe, turn to the Middle Ages to give a deeper understanding of the medieval ideas and practices that produced--and were produced by--standards and standardization. At first glance, the Middle Ages might appear an unlikely place to look for standardization. The editors argue that, on the contrary, generating predictability is a precondition for meaningful cultural interaction in any historical period and that we may look to the Middle Ages to learn more about the historical, social, and cognitive processes of standardization. This multidisciplinary venture, which includes medievalists from the fields of history, intellectual history, art history, philology, numismatics, and more, as well as scholars of cognitive science, informatics, and anthropology, interrogates how medieval people and groups envisioned and enforced predictability, uniformity, and order, and how they attempted to obtain and maintain standards across vast distances and heterogeneous social and cultural structures.