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)
Organiser:Bruce C. Brasington, Department of History, West Texas A&M University, Canyon
Moderator/Chair:Kathleen Cushing, Department of History, Keele University
Paper 616-aThe Past, the Bible, and the Law: A 12th-Century Exegete's View on the Foundation of Law
(Language: English)
Reinhild Rössler, Institut für Geschichte, Universität Wien
Index terms: Canon Law, Ecclesiastical History, Manuscripts and Palaeography
Paper 616-bRules to Remember: A 12th-Century Fragmentary Commentary on the De regulis iuris of the Digest
(Language: English)
Bruce C. Brasington, Department of History, West Texas A&M University, Canyon
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).