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IMC 2023: Sessions

Session 1205: Canon Law, IV: The Boundaries of Law - Canon and Common Law, and the ius commune in the Central Middle Ages

Wednesday 5 July 2023, 14.15-15.45

Sponsor:Iuris Canonici Medii Aevi Consociatio (ICMAC)
Organiser:Danica Summerlin, Department of History, University of Sheffield
Moderator/Chair:Kathleen Cushing, Department of History, Keele University
Paper 1205-aQuae raro contingunt: The Challenge of the 'Rare' in 12th-Century Ius commune
(Language: English)
Bruce C. Brasington, Department of History, West Texas A&M University, Canyon
Index terms: Administration, Canon Law, Law
Paper 1205-bCanon Law, Roman Law, and Common Law in Magna Carta: Multi-Legalism in England in the Early Days of the Common Law
(Language: English)
Jason Taliadoros, Faculty of Business & Law, Deakin University, Melbourne
Index terms: Administration, Canon Law, Law
Paper 1205-c'All men are either free or slave’: Bracton and the Roman Law of Slavery
(Language: English)
Thomas McSweeney, Department of History, Cornell University
Index terms: Law, Social History
Abstract

The 'legal revolution' of the 12th century saw vast and speedy changes to the teaching and practice of law, as well as the birth of the ius commune, the tradition of intertwined learned laws taught in the nascent law schools. The papers in this session will look at the ius commune and its constituent laws, investigating how it was created and understood in practice. Using examples from individual concepts to broader theoretical ideas, and including specific statutes in the form of Magna Carta, it asks how the interaction of laws defined and shaped the boundaries of medieval canon law.