IMC 2018: Sessions
Session 616: Legal Texts and Their Users, II: Past and Present in Medieval Canonistic Procedure
Tuesday 3 July 2018, 11.15-12.45
| Sponsor: | Iuris Canonici Medii Aevi Consociatio (ICMAC) |
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| Organiser: | Bruce C. Brasington, Department of History, West Texas A&M University, Canyon |
| Moderator/Chair: | Kathleen Cushing, Department of History, Keele University |
| Paper 616-a | The Past, the Bible, and the Law: A 12th-Century Exegete's View on the Foundation of Law (Language: English) Index terms: Canon Law, Ecclesiastical History, Manuscripts and Palaeography |
| Paper 616-b | Rules to Remember: A 12th-Century Fragmentary Commentary on the De regulis iuris of the Digest (Language: English) Index terms: Canon Law, Ecclesiastical History, Manuscripts and Palaeography |
| Abstract | This session examines the various ways canonists wrestled with the venerable, and sometimes problematic, legal procedure transmitted by the older canon (including the Bible) and Roman law, and how law was used. How did these scholars 'remember' and apply this legal tradition to the legal questions and cases of their own day? Sometimes, when confronting a problematic precedent, for example Rahab's apparently 'sacred lying' in the Old Testament, they applied the maxim 'non imitanda, set veneranda', in order to limit its potentially disturbing effect. At other times, they openly declared that what had formerly been done in court no longer obtained 'today' (hodie). |