Decretalist
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Decretalist
In the history of canon law, the decretalists of the thirteenth century formed a school of interpretation that emphasised the decretals, those letters issued by the Popes ruling on matters of church discipline (''epistolae decretales''), in preference to the ''Decretum Gratiani'' (1141), which their rivals, the decretists, favoured.Rhidian Jones, ''The Canon Law of the Roman Catholic Church and the Church of England: A Handbook'' (T&T Clark, 2000), 45–46. The decretalists were early compilers of the papal decretals, and their work, such as that of Simon of Bisignano (''c''. 1177), was used by the dominant decretist school."Decretalist", '' New Catholic Encyclopedia'' (Gale, 2002). The decretalist practice can be divided into three periods. The first (''c''. 1160–1200) is characterised by the collection of decretals; the second (''c''. 1200–1234) by the organisation of the collections and the first signs of decretal exegesis; and the final (1234–1348) by extensive exegesis an ...
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Canon Law (Catholic Church)
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the ...
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Decretals
Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes given due to the initiative of the pope himself. These furnish, with the canons of the councils, the chief source of the legislation of the Church, and formed the greater part of the ''Corpus Iuris Canonici'' before they were formally replaced by the ''Codex Iuris Canonici'' of 1917. However, Cardinal Pietro Gasparri led the papal commission for the revision of canon law and later on published a guide to the ''fontes'' (sources) used in the 1917 code. Many canons in this code can easily be retraced in their relationship to and dependency on medieval decretals as well as Roman law. In themselves, the medieval decretals form a very special source which throws light on medieval conflicts and the approaches to their solution. They are someti ...
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Popes
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Catholic Church, and has also served as the head of state or sovereign of the Papal States and later the Vatican City State since the eighth century. From a Catholic viewpoint, the primacy of the bishop of Rome is largely derived from his role as the apostolic successor to Saint Peter, to whom primacy was conferred by Jesus, who gave Peter the Keys of Heaven and the powers of "binding and loosing", naming him as the "rock" upon which the Church would be built. The current pope is Francis, who was elected on 13 March 2013. While his office is called the papacy, the jurisdiction of the episcopal see is called the Holy See. It is the Holy See that is the sovereign entity by international law headquartered in the distinctively independent Vatican Ci ...
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Decretum Gratiani
The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the ''Corpus Juris Canonici''. It was used as the main source of law by canonists of the Roman Catholic Church until the ''Decretals'', promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917. Overview In the first half of the 12th century Gratian, ''clusinus episcopus'',Reali, Francesco (ed.), Graziano da Chiusi e la sua opera, 2009, pg. 63-73 and pg. 244 has found and re-evaluated a Kalendarium of the Sienese Church owned by the Library of the Intronati of Siena (Ms FI2, f. 5v) in which, in Carolina minuscule writing with a d ...
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Decretists
In the history of canon law, a decretist was a student and interpreter of the ''Decretum Gratiani''. Like Gratian, the decretists sought to provide "a harmony of discordant canons" (''concordia discordantium canonum''), and they worked towards this through glosses (''glossae'') and summaries (''summae'') on Gratian.Rhidian Jones, ''The Canon Law of the Roman Catholic Church and the Church of England: A Handbook'' (T&T Clark, 2000), 45–46. They are contrasted with the decretalists, whose work primarily focused on papal decretals. Early decretists of the Italian school include Paucapalea, a pupil of Gratian's; Rufinus, who wrote the ''Summa Decretorum''; and Huguccio, who wrote the ''Summa super Decreta'', the most extensive decretist work. There was also a French school of decretists starting with Stephen of Tournai Stephen of Tournai, (18 March 1128 - 11 September 1203), was a Canon regular of Sainte-Geneviève (Paris), and Roman Catholic canonist who became bishop of Tournai ...
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Simon Of Bisignano
Simon of Bisignano was a teacher of canon law in Bologna in the 1170s. He composed a ''Summa'' on the Decretum Gratiani between March 1177 and March 1179. Like Paucapalea, he, too, might have been a student of Gratian (jurist), Gratian himself.J.F. von Schulte, Die Geschichte der Quellen und Literatur des Canonischen Rechts von Gratian bis auf die Gegenwart, 3 vols, Stuttgart 1875-1880, I, p. 141. Notes {{DEFAULTSORT:Bisignano, Simon of People from Calabria 12th-century Italian jurists ...
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