Killing a career: homicide and the development of medieval clerical discipline

Medieval canonical jurisprudence developed sophisticated theories of culpability and liability in connection with homicide. It did so especially in the context of considering whether clerics involved in the death of another could retain their office or be promoted to a higher one. This jurisprudence...

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Bibliographic Details
Main Author: Larson, Atria A. (Author)
Format: Electronic/Print Article
Language:English
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Published: School of Canon Law, The Catholic University of America 2014
In: The jurist
Year: 2014, Volume: 74, Issue: 2, Pages: 265-288
Standardized Subjects / Keyword chains:B Clergy / Killing / Accident / Church discipline / Canon law / History 500-1300
IxTheo Classification:KAC Church history 500-1500; Middle Ages
KDB Roman Catholic Church
NCB Personal ethics
RB Church office; congregation
SB Catholic Church law
Further subjects:B Jurisdiction
B Killing
B Gratianus de Clusio (-1158)
B Crime
B Canon law studies
B Development
B Middle Ages
B Carolingians
B Criminal law
B Ivo Carnotensis (1040-1116)
B Clergy
Online Access: Volltext (doi)
Description
Summary:Medieval canonical jurisprudence developed sophisticated theories of culpability and liability in connection with homicide. It did so especially in the context of considering whether clerics involved in the death of another could retain their office or be promoted to a higher one. This jurisprudence had not been present in the early Middle Ages, when bishops considering how to discipline clerics involved in homicides would have had to rely on a small body of canons that was by no means standardized. A standardized and systematic consideration of the discipline of clerics in connection to homicide emerged primarily from Gratian’s discussion of lapsed clerics in his Decretum D.50 and the commentary on it. By the decretals of Innocent III, clerics involved in the death of another person faced a longer and more systematic process. That process involved at least two or three investigations into their actions; these involved precise terminology and categories for considering levels of culpability and especially for considering whether they could retain their office or face promotion to higher orders.
ISSN:0022-6858
Contains:In: The jurist
Persistent identifiers:DOI: 10.1353/jur.2014.0005