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Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito
Journal Prestige (SJR): 0.101
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2175-2168
Published by Unisinos Homepage  [12 journals]
  • 'Qui totum sibi vendicat quod scripserat esse suum': The Limits of Papal
           dominium from a Fictitious Letter of 1307

    • Abstract: The following paper discusses a Latin letter that purportedly fell from the sky during a session of the parliament of Carlisle in 1307. The author of the letter bitterly reproached the attempts of the pope to interfere in English economic and politic affairs through the appointment of his candidates to English benefices, the so-called 'provisores'. The letter is transmitted in the chronicle of Walter of Guisborough and develops its opposition to the pontiff's policy by delving into some key concept of medieval thought: the nature and limitations to the pope's political and economic 'dominium'.The aim of this paper is to assess this fictitious epistle's contribution to a debate that had deep roots in medieval legal ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • 'Publice utilitati fructificare desidero': Brevi riflessioni sul
           costituzionalismo dantesco nel primo libro della Monarchia

    • Abstract: Il problema dantesco del costituzionalismo, entro il cui recinto si delinea il potere, appare caratterizzato da un moto di originalità capace di sospingere il Medioevo oltre se stesso e di imprimere un segno indelebile nella pubblicistica tra i secoli XIII e XIV. A fare da sfondo alle riflessioni che seguono non sarà dunque l'apprezzamento generico della cultura giuridica di Dante, ma l'apporto concettuale foriero di accenti per così dire 'diversi sed non adversi' rispetto al pensiero medioevale lentamente e faticosamente sviluppato dalla dottrina di ius commune, da Accursio a Baldo.1 Dante stesso suggerisce la chiave di lettura giuridico-pubblicistica della Monarchia laddove afferma:2Stia pur certo infatti di ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Usury and Restitution in Late Medieval Episcopal Statutes: A Case Study in
           the Local Reception of Conciliar Decrees

    • Abstract: Sometime before 1282, the archbishop of Cologne Siegfried II von Westerburg promulgated a set of synodal statutes for his diocese.1 Among the eighteen articles was one 'On Manifest Usurers', which began by spelling out the canonical sanctions against manifest usurers as set forth at the Third Lateran Council in 1179, accompanied by a succinct definition of what made a usurer 'manifest'. The article then turned to the matter of usurious restitution, insisting that the decree (constitutio) issued by Pope Gregory X at the Second Council of Lyon be observed.2 Rather than paraphrase its provisions, the article quoted verbatim nearly the entire decree, from its opening words (Quamquam usurarii…) to its penultimate ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • In Coena Domini: A Hierocratic Weapon or a Pastoral Staff'

    • Abstract: The In Coena Domini bull was a major topic of contention between Protestant polemicists and Catholic apologists from the early sixteenth century until the bull's formal abrogation through Pius IX's Apostolice sedis in 1869.1 The bull consisted of a list of 'ipso iure' (also known as latae sententiae) excommunications befalling the perpetrators of specific sins; absolution was reserved to the pope. These excommunications 'took effect immediately as the crime was committed;' in other words, 'a person who committed certain defined acts incurred the sentence of excommunication automatically'.2 Not requiring a tribunal's sentence or a priest's explicit excommunication, 'ipso iure' cases were self-triggered, automatic ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Ius e Lex

    • Abstract: Circola da secoli una convinzione, legata a una constatazione, granitica, fondamentale. Sappiamo e ripetiamo che i romani hanno fondato il diritto. È un'ovvietà. Però è una convinzione comunemente dimenticata, affondata nel subconscio, ed è quasi scomparsa.È forse inutile ripetere che su quelle basi originarie si è sviluppata la scienza giuridica dell'intera Europa. Con i romani il diritto ha assunto i propri metri di giudizio e di calcolo: misure fisse, funzionali per i bisogni della prassi; misure che non si consumano nell'uso, come è proprio di ogni scienza; misure reiterabili secondo bisogni individuali e collettivi; misure delle quali si possa e si debba verificare la ripetitività. Senza di che non vi è ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Versions of a Legal Repertorium Related to the Works of Bartolus

    • Abstract: The manuscript copies of works by the jurist Bartolus de Saxoferrato in North American Libraries receive little attention. Fifteen manuscripts, however, have been listed by Patrick Lally and myself.1 The 'consilia' of Bartolus can be found together with those of others in certain of these manuscripts.2 One manuscript containing 'consilia' of Bartolus, Cornell University Consilia Legalia, 4600 (formerly K.5) also contains two 'repertoria', indexes to legal literature with topics arranged alphabetically.3 One of these, an incomplete work covering only A through I, listed by me as Repertorium Bartoli,4 deserves further attention to indicate its full contents and its context in the history of the learned law. It ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Tradition und Innovation im kirchlichen Recht: Das Bußbuch im Dekret des
           Bischofs Burchard von Worms by Birgit Kynast (review)

    • Abstract: Interest in Burchard's Decretum is currently rising in the wake of several landmark works of recent decades. In the early 1990s, Hartmut Hoffmann and Rudolf Pokorny identified the original manuscripts of the Decretum copied at Worms cathedral.1 Then, soon after 2000, two volumes of essays marked the millennial anniversary of Burchard's consecration as bishop of Worms.2 Finally, in 2011, Greta Austin produced a major study of Burchard's life, goals, and editing methods.3 In the meantime, scholars have also pursued several other lines of inquiry. Historians of culture and gender continue to recognize the Decretum as a key source for popular beliefs and customs in the Middle Ages.4 Work on the manuscript transmission ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Great Christian Jurists in French History ed. by Olivier Deschamps and
           Rafael Domingo, and: Great Christian Jurists in English History ed. by
           Mark Hill and Richard H. Helmholz (review)

    • Abstract: Both of these volumes belong to the series Cambridge Studies in Law and Christianity and the sub-series Great Christian Jurists. In the latter, they belong with Great Christian Jurists and Legal Collections in the First Millennium, ed. Philip L. Reynolds and Great Christian Jurists in Spanish History, edited by Rafael Domingo and Javier Martínez-Torrón. In both countries treated, the versions of Christianity and legal systems in which jurists were involved differed.Great Christian Jurists in French History covers the lives and thought of twenty-seven jurists, many versed in canon or Roman law, history of law, philosophy of law, or sociology of law. Several taught; but others practiced, serving as judges or as ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Great Christian Jurists in Spanish History ed. by Rafael Domingo and
           Javier Martínez–Torrón (review)

    • Abstract: This volume is part of the Cambridge Studies in Law and Christianity's 'Great Christian Jurists' series. It aims to provide an overview of national and regional approaches to 'Christian Jurists', a designation that aims to:illustrate the rich and enduring interactions between Christianity and law by examining the contributions that outstanding thinkers and practitioners have made over the centuries to legal ideals, institutions, and practice (p.1).As a whole, the volume only treats those scholars that worked in Spain, rather broadly defined, in biographical (and sometimes bio-bibliographical. sketches, but has space for only twenty such portraits in the volume. While the reader of the BMCL might, on face, only ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Priests of the Law. Roman Law and the Making of the Common Law's First
           Professionals by Thomas McSweeney (review)

    • Abstract: This book is Thomas McSweeney's very successful conversion of his PhD thesis, and a volume that contributes a great deal to the discussion of Roman law in England, the development of the Common law, and English legal history more broadly. McSweeney combines close, deeply analytical readings of the Common law treatise known as Bracton (written over a period from the 1220s to 1260s) within the wider context of the legal culture of England from the middle of the twelfth century through to the middle of the thirteenth, when Bracton was completed. His astute readings of the treatise are grounded in a thorough understanding of the authors of the work and the world in which they lived, allowing McSweeney to draw out some ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Select Bibliography 2020-2021

    • Abstract: Burchards Dekret Digital, https://www.adwmainz.de/en/projekte/burchards-dekret-digital/description.html.The project places the Decretum Burchardi at the center of fundamental, multiperspective research. It makes the manuscript tradition accessible, develops a reliable critical edition, and examines the rich traces of reception in Germany, Italy, France and Spain. The innovative aspect of the project is the digital indexing as well as the reception-historical orientation, which gives an impression of the enormous dynamics of European legal cultures. Because the Europe-wide dissemination of the witnesses of transmission and reception as well as the cross-epochal impact of the collection require the integration of ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Stephan Kuttner: A Remembrance

    • Abstract: As did everyone else in our field of medieval canon law, I read everything Stephan Kuttner wrote from the 1930s to the 1990s. Actually, I read everything at least twice, because when Stephan was assembling the volumes of his collected articles for publication by Variorum Reprints, he called on me to help with the project.Even before we undertook that effort, I knew that Stephan had never let go of any of his publications. As he continued his work and learn new things, he returned to his earlier work and made notes. On every publication, he had files with corrections and additions carefully noted. When he faced the prospect of reprinting the articles, he and I gathered and organized all those notes and additions and ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Stephan Georg Kuttner

    • Abstract: Eva Illch Kuttner and Stephan Georg KuttnerWashington, D.C. 1957Photo thanks to Ludwig KuttnerStephan Georg Kuttner founded the Bulletin of Medieval Canon Law fifty years ago with the support of the Law School at the University of California, Berkeley. From the beginning he envisioned the journal as serving the international community by publishing essays in German, French, Italian, Spanish and English. The first issue appeared in 1971 and contained essays in all four European languages. It was a first for an American scholarly journal.Kuttner was born in Germany on March 24, 1907 to Georg and Gertrude Kuttner. His father was born into the Jewish faith but converted to Lutheranism. He had written his 'Habilitation' ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Stephan Kuttner at Yale

    • Abstract: Stephan Kuttner 1977 in BerkeleyIn 2012 at the Fourteenth International Congress of Medieval Canon Law in Toronto I presented a short tribute to Peter Landau titled, 'Peter Landau at Yale', subsequently published in the Toronto Proceedings 2012 (pp.1169-1173). The following memories are parallel reflections, and are based on a paper given in a session devoted to Stephan Kuttner's memory at the Kalamazoo Medieval Congress in May, 1999, soon after Kuttner's death. Both the Toronto paper and the following are personal, episodic, and could have been expanded, and no attempt has been made to consult other works about Kuttner and his career.At some point in the late 1960s, while I was a graduate student at Yale, I ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Destroyed but not Lost: A Digital Reconstruction of the Chartrain Copy of
           Burchard's Liber decretorum (Chartres BM 161)

    • Abstract: The Liber decretorum compiled shortly before 1023 by Burchard of Worms (†1025) was the most influential canon law collection of the eleventh century. Bishops, abbots, teachers, and many other prelates valued the Liber decretorum as a comprehensive, well-structured canon law collection covering a very wide range of issues; it was copied frequently, and many compilers used Burchard's work as a model for their own canonical collections. Thus, not only are there some 100 medieval copies (or fragments thereof) still extant, but also a large number of other collections drawing on the Liber decretorum. Crucially, this group includes the Decretum of Ivo of Chartres, which incorporated most of Burchard's Liber decretorum ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Notas sobre la Collectio decem partium de Colonia

    • Abstract: El manuscrito Colonia, Historisches Archiv der Stadt 7010 199 (Wallraf 199) (K) contiene una colección jurídica conocida desde 1974 gracias al estudio que Johanna Petersmann dedicó a la tradición canónica de la donación de Constantino.1 La obra, cuyos capítulos proceden de las compilaciones relacionadas con Ivo de Chartres, llama la atención porque está dividida en diez libros, que a su vez se organizan en distinciones.Los estudiosos han incluido la Collectio decem partes Coloniensis (10PK) en el grupo de las colecciones de la reforma gregoriana evolucionada de difusión local.2 Su desconocido autor trabajó sobre una colección cronológica, cuyos materiales reorganizó sistemáticamente. Aunque la copia de las ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Venetiis in Rivo alto: Letters for English Recipients issued from Venice
           in mid-1177

    • Abstract: There is little doubt that Alexander III's sojourn in Venice was a significant European event.*1 Not only did the reconciliation with the emperor Frederick I end the schism that had divided Catholic Christendom for almost eighteen years, but it set the stage for the making of peace (at Constance, July 1183) with the league of sixteen Lombard cities which had opposed Frederick's political ambitions in northern Italy and also with the Norman kingdom in southern Italy and Sicily,2 even though the working out of the territorial and jurisdictional details led to serious tensions, including another German invasion of northern Italy (1186), led by Henry (VI), Frederick's heir.3 For those five months, between 11 May and 16 ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • A la recherche de magister .A. Notes sur le manuscrit 592 de la
           bibliothèque municipale de Douai

    • Abstract: Le manuscrit 592 de la bibliothèque municipale de Douai est un des manuscrits témoins de l'enseignement du droit canonique tel qu'il fut délivré à Paris au début du XIIIe siècle. C'est un manuscrit glosé du Décret de Gratien. Il avait attiré l'attention de Stephan Kuttner qui, dans son célèbre Repertorium, avait signalé la parenté de sa plus ancienne couche de gloses avec l'apparat au Décret Animal est substantia.1 Récemment une glose provenant de ce manuscrit et publiée par Benoît Alix dans sa thèse sur 'La notion de 'judex ordinarius' en droit romano-canonique (XIIe-XVe siècle)' m'a incitée à examiner de plus près ce manuscrit.2 Cette glose rapportait en effet l'opinion d'un certain magister .A. dont j'avais par ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • Pacta sunt servanda: Canon Law and the Birth and Dissemination of the
           Legal Maxim

    • Abstract: The 'pacta sunt servanda' maxim is nowadays a common saying, which, apart from its presence in legal scholarship, can easily be found in various press releases or even heard in ordinary speech. It conveys the simple message that promises or contracts should be kept, and it is one of the legal maxims best recognized outside the hermetic legal bubble. Obviously, the practical significance of the rule of law behind these three words is a broadly debated issue within the topic of freedom of contract. The meaning of 'pacta sunt servanda' was different in various legal orders and evolved over the course of time. What seems to be a still undeveloped issue, however, is the very origin of these three words put in a row.This ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
  • 'They Should be Decapitated': The Glossa ordinaria to X 5.6 and 3.33 on
           Jews and Saracens

    • Abstract: In the beginning of his book, Foreigners and Their Food: Constructing Otherness in Jewish, Christian, and Islamic Law, David Freidenreich invokes a hypothetical scenario in which two Christian clergymen, a rabbi, and a Sunni/Shi'i imam walk into a restaurant.1 Until recently an inconceivable scenario, as the author himself points out, it nonetheless is an interesting introduction to his historical study of dietary norms within these religious traditions. Indeed, as Freidenreich shows, the permission or prohibition of interreligious commensality (the sharing of a meal) is a topic that attracts not only modern readers but also drew the attention of ancient and medieval religious authorities and intellectuals. This ... Read More
      PubDate: 2022-08-07T00:00:00-05:00
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