The spirit of classical canon law /

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Bibliographic Details
Author / Creator:	Helmholz, R. H.
Imprint:	Athens : University of Georgia Press, ©1996.
Description:	xiv, 514 pages ; 24 cm.
Language:	English
Series:	Spirit of the laws Spirit of the laws (Athens, Ga.)
Subject:	Canon law -- History. Canon law -- Sources. Canon law. History. Sources.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/2530239

Hidden Bibliographic Details
Varying Form of Title:	Classical canon law
ISBN:	0820318213 9780820318219
Notes:	Includes bibliographical references (pages 483-490) and indexes.
Summary:	The development of Church law between the twelfth and fourteenth centuries was fundamental to the growth of the Western legal tradition. Despite its long reach - across Europe, well into modern times, and into such secular subjects as theft, wills, and the sale of goods - classical canon law has been the subject of far too few general studies in English. Illuminating the basic nature of the canon, this work explores the roles of moral, social, political, and religious values in the laws' development through the seventeenth century. At the same time, R. H. Helmholz makes relevant the attitudes and formal techniques of the laws' authors, practitioners, and interpreters. The size and complexity of the body of Church law and its jurisprudence have kept historians in fields as diverse as law, society, theology, and political thought from appreciating how this topic might enrich their studies. The Spirit of Classical Canon Law provides the ideal entree.

Table of Contents:

Abbreviations
Preface
1. Introduction: Sources and Literature of the Canon Law
2. Governance of the Church: The Law of Episcopal Elections
3. Qualifications of the Clergy: Ordination of the Unfree
4. Remedies and Canonical Procedure: The Canonical Restitutio in Integrum
5. Principles of Ecclesiastical Jurisdiction: The Protection of Miserabiles Personae and Jurisdiction ex Defectu Justitiae
6. Religious Principles and Practical Problems: The Canon Law of Oaths
7. Economic and Property Rights: The Canon Law of Prescription
8. The Christian Sacraments: The Canon Law of Baptism
9. Monastic Vows and Marriage Contracts: Freedom of Choice in the Canon Law
10. Criminal Law of the Church: Crime of Blasphemy
11. Criminal Procedure: The Law of Double Jeopardy
12. The Papacy in the Canon Law: The Law of Papal Privileges
13. Cooperation and Coercion in the Courts of Church and State: Invocation of the Secular Arm
14. Canonical Sanctions: The Law of Excommunication
15. Conclusion: Common Themes and Observation
Notes
Bibliography of Early Law Books Cited
Index of Biblical Citations
Index of Legal Citations
General Index

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