25 September 2007
"Anyone who knows merely the text of the Code of Canon Law...will posses inadequate knowledge; the whole field of the development of canon law will be a closed book to him. Obviously, the ignoring of centuries of jurisprudence is not desirable either in the training of a canonist or in his subsequent work." Edward Roelker, Invalidating Laws (1955) p. vii, |
Directed Readings in the History of Canon Law Suggested in order of
approach
Constant Van de Weil, History
of Canon Law (Peeters/Eerdmans, 1991). One can (and perhaps should, if a
beginner) skip the introduction and the first chapter (read them
later). Though Van de Weil sometimes strays into a bit too much religious order
history, overall this is a solid “first book”. R. C. Mortimer, Western
Canon Law (University of California, 1953). Five classic lectures, only
one of which (no. 4) does not call for careful reading and rereading. The
shortest of the genuine “must reads” in this field.
By this point, of
course, most readers will be so hooked on reading canon law history that they will have
learnt Latin and will be looking for their first canonical history texts in
Latin. They will immediately want to delve into two classics:
2. Specific Topics: Gratian and the Decretists (c. 1140-1234)
Anders Winroth, The Making of Gratian's Decretum (Cambridge, 2000). Hugely important study by a Swedish legal historian (now at Yale), who takes up part of Kuttner's challenge to establish a critical text of Gratian. Argues that the "Decretum" actually developed in two great stages or recensions. While certainly readable, this is not a beginner's overview; it requires considerable "working up to".
Gratian: The Treatise on Laws (Decretum DD 1-20) with the Ordinary Gloss, trans. by A. Thompson & J. Gordley (CUA, 1993). Translation of both Gratian (from Roman Correctors' Version) opening discussion of law, and the major gloss that surrounded it. Wonderful way to explore how early medieval canon law was organized and argued. A free-standing topic requiring relatively little knowledge of canonistics to get started.
Wolfgang Müller, Huggucio: The Life, Works, and Thought of a Twelfth-Century Jurist (Catholic University of America, 1994). Easily the best study of this very interesting canonist.
3A. Specific Topics: Classical Canon Law (12th-14th centuries)
James Brundage, Medieval Canon Law (1995). Very readable, quite accessible to non-canonists (even those who have not read everything in "General Overviews"), paints an engrossing picture of the practice of canon law. Excellent work to introduce longer studies. Good chapters on pre-medieval canon law, too. Consider starting with chapter 4, and saving ch. 2-3 for last.
Clarence Gallagher, Canon Law and the Christian Community: The Role of Law in the Church according to the Summa Aurea of Cardinal Hostiensis, Analecta Gregoriana no. 208 (1978). An unretouched, but very readable, dissertation on the impact of the immensely influential, and hopefully typical, work of the great classical decretalist, Henry of Susa. Excellent overview of the period and topics.
3B. Specific Topics: Classical Canon Law, Sanctions
Elizabeth Vodola, Excommunication in the Middle Ages (Berkeley, 1986). Standard in its field. Carefully traces its theme from Old Testament times.
4. Other
Robert Somerville & Bruce Brasington, Prefaces to Canon Law Books in Latin Christianity, 500-1245. (Yale, 1998). Just what its title says, with excellent introductions to the texts.
W. Müller & M. Sommar, eds., Medieval Church Law and the Origins of the Western Legal Tradition: A Tribute to Kenneth Pennington (Catholic University of America, 2006), 26 scholarly essays in four languages, approx 400 pages. ISBN-13: 978-0-8132-1462-7, $ 79.95. Terrific work. Read my review for the Journal of Law and Religion here.
Top || Home || Canon Law || Liturgy & Sacraments || Catholic Issues || Personal || |
