Magister Gratian and the Problem of ‘Regnum’ and ‘Sacerdotium’
Shortly after its completion and circulation, the Decretum Gratiani became the foundation for a new canonical jurisprudence. Ironically, study of the work's history has suffered rather than benefited from its prominence in the history of law. Scholars have tried to reconstruct the text of the D...
Main Author: | |
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Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
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Fernleihe: | Fernleihe für die Fachinformationsdienste |
Published: |
Cambridge University Press
1970
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In: |
Traditio
Year: 1970, Volume: 26, Pages: 364-381 |
Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
Summary: | Shortly after its completion and circulation, the Decretum Gratiani became the foundation for a new canonical jurisprudence. Ironically, study of the work's history has suffered rather than benefited from its prominence in the history of law. Scholars have tried to reconstruct the text of the Decretum as it originally left the workroom of the Magister, but they have almost never tried to discover why — apart from scholarly motives — he undertook the enterprise. Instead, they have concentrated attention on his doctrine, or on the doctrine of the canons he cited, because their primary concern is to find the sources of later canonical theories. When they have searched for the sources of Gratian's own ideas, they have looked to earlier collections of the canons on which he relied. Gratian scholarship has thus been part of the history of ideas; concern for the Magister's place in the history of jurisprudence has kept historians from considering his place in the history of his times. |
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ISSN: | 2166-5508 |
Contains: | Enthalten in: Traditio
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Persistent identifiers: | DOI: 10.1017/S0362152900005092 |