The Bishop as Lawmaker in Late Medieval Europe

IF 1.8 1区 历史学 Q1 HISTORY Past & Present Pub Date : 2021-03-23 DOI:10.1093/PASTJ/GTAA045
Rowan Dorin
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引用次数: 1

Abstract

Throughout the later Middle Ages, bishops across Latin Christendom issued statutes to guide the clergy and instruct the faithful within their dioceses. Following the lead of medieval jurists, modern scholars have understood this local episcopal legislation as disseminating and reinforcing the so-called ‘universal law’ promulgated by popes and general church councils. Yet a closer look at the surviving corpus of diocesan statutes reveals bishops’ readiness to wield selective citations and editorial omissions so as to shape local knowledge of church law in accordance with episcopal priorities. More broadly, this article contends that such local law-making also offered bishops a means to resist the papacy’s increasing claims to legislative and jurisdictional supremacy within the church. Faced with a wealth of new legislation that was firmly papalist in its origin and presentation, many bishops opted to emphasize their law-making authority by framing their borrowings of the universal law as emanations of their own episcopal will. The resulting corpus of diocesan statutes thus expressed in practice a vision of episcopal authority that differed sharply from the prescriptions of popes and jurists, and which presaged the explosive ecclesiological controversies of the fifteenth and sixteenth centuries.
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中世纪晚期欧洲的立法者主教
在整个中世纪后期,拉丁基督教世界的主教们颁布法令来指导神职人员并指导教区内的信徒。在中世纪法学家的领导下,现代学者将这项地方主教立法理解为传播和加强教皇和一般教会理事会颁布的所谓“普遍法律”。然而,仔细观察现存的教区法规,可以发现主教们准备使用选择性引用和编辑疏漏,以便根据主教的优先事项形成当地对教会法律的了解。更广泛地说,这篇文章认为,这种地方立法也为主教们提供了一种手段,以抵制教皇越来越多地声称在教会内拥有立法和管辖权。面对大量新的立法,这些立法在起源和提出时都是教皇式的,许多主教选择强调他们的立法权威,将他们对普遍法律的借用视为他们自己主教意愿的释放。因此,由此产生的教区法规在实践中表达了一种主教权威的愿景,这种愿景与教皇和法学家的规定截然不同,预示着十五世纪和十六世纪爆发的教会学争议。
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来源期刊
Past & Present
Past & Present Multiple-
CiteScore
2.80
自引率
5.60%
发文量
49
期刊介绍: Founded in 1952, Past & Present is widely acknowledged to be the liveliest and most stimulating historical journal in the English-speaking world. The journal offers: •A wide variety of scholarly and original articles on historical, social and cultural change in all parts of the world. •Four issues a year, each containing five or six major articles plus occasional debates and review essays. •Challenging work by young historians as well as seminal articles by internationally regarded scholars. •A range of articles that appeal to specialists and non-specialists, and communicate the results of the most recent historical research in a readable and lively form. •A forum for debate, encouraging productive controversy.
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