Panel Topic: Political Theology
Boundaries and Borderlands of Medieval Law: norms and customs inside and outside the Latin Church
Authors: Laura Righi, Lucia De Lorenzo, Giulia Cò, David De Concilio, Florian Reverchon, Giancarlo Anello, Costanza Bianchi, Piotr Alexandrowicz
In the Medieval Age, the Utrumque Ius is commonly referred to as the complex system of rules that linked Roman law and Canon law, which broadened during the Middle Ages when it began to be an unprecedented subject of study, discussion and application. The studies have already underlined that the interaction between the two jurisdictions was systematic, albeit problematic and sometimes conflicting – it will suffice to mention the contributions on the subject by E. J. H. Schrage, E. Cortese, Legendre, among the others. However, several topics and fields of application of medieval law still deserve to be further explored and discussed.This panel thus aims to engage a dialogue on medieval law in its historical context, investigating the borderlands between the two legal orders. In particular, it aims to inquire how jurists and canonists thought about the boundaries and overlaps between the two, and thus how these solutions were actually applied to the local contexts of medieval Europe.We invite papers dealing either on canonical and Roman law elaboration or on ecclesiastical and civic institutions (e.g. local churches, municipal or royal governments, courts, etc.) by focusing on a broad range of sources and over a wide chronological span (from the 11th to the 15th century).Session 1Chair: Lucia De Lorenzo (FSCIRE) Speakers:Giulia Cò (Alma Mater-Università di Bologna), Episcopal deposition, reconciliation and transfer in the canonical collection De episcoporum trasmigratione (late IXth-early Xth century)David De Concilio (Università di Padova), From the utraque lex to the utrumque ius: the influence of canonical literature among the Italian “minor schools” of Roman lawFlorian Reverchon (Université Toulouse Capitole / Université Jean Moulin Lyon III), When the novice is too impatient to become a monk. The decretal Ad apostolicam sedem and the convalescence of legal actsGiancarlo Anello (Università di Parma), “Persona ficta (Sinibaldo IV): the floating borders of Ecclesiastical Jurisdiction in the Middle age”Session 2Chair: Costanza Bianchi (FSCIRE)Speakers:Lucia De Lorenzo (FSCIRE), Qui filii sint legitimi. Problems of jurisdiction in cases of filial legitimacy with particular reference to the work of Henry of Susa (Hostiensis) Laura Righi (FSCIRE/Università di Modena e Reggio Emilia), Administering usury: Credit and interest rates between Canon law and civic legislation (12th-14th c.) Piotr Alexandrowicz (Adam Mickiewicz University in Poznań (AMU)), Between old and new: Fortunius García on the contradictions between civil and canon law