Author: Manola Civiletti

This chapter analyzes the Siete Partidas, the comprehensive legal code issued under Alfonso X of Castile in the 13th century. The chapter explores its origins, structure, influences, and historical legacy, highlighting its importance in medieval legal culture and its role in shaping Hispanic jurisprudence.

Les origines des Siete Partidas (The Origins of the Siete Partidas)

The Siete Partidas were written during the reign of Alfonso X of Castile (1252–1284), as part of his broader political and cultural vision. Alfonso sought to consolidate legal authority by unifying diverse legal traditions within his kingdom under a single legal framework. The Partidas built upon existing Castilian laws, Roman law, and canon law, incorporating philosophical principles from Aristotle and theological influences from the Christian tradition. This synthesis reflects Alfonso’s ambition to create a universal legal and moral code for his kingdom.

La structure et le contenu des Siete Partidas (The Structure and Content of the Siete Partidas)

The Siete Partidas are divided into seven parts (partidas), each addressing a specific aspect of law and society:

1. Partida I: Focuses on ecclesiastical law, the relationship between Church and State, and the role of religious institutions.
2. Partida II: Addresses royal authority, governance, and the duties of kings and officials, emphasizing the philosophical justification of monarchy.
3. Partida III: Covers procedural law and the functioning of judicial systems, including rules for trials and legal disputes.
4. Partida IV: Regulates family law, marriage, inheritance, and kinship relations.
5. Partida V: Concerns property rights, contracts, and economic transactions, including rules on trade and commerce.
6. Partida VI: Focuses on criminal law and the punishments for offenses, balancing retribution with justice.
7. Partida VII: Deals with laws of war, chivalry, and military obligations, reflecting the importance of knights and military service in medieval society.

Each partida is organized systematically, providing clarity and coherence to a wide range of legal topics. The text combines normative legal rules with moral and philosophical justifications, emphasizing the importance of justice and equity in governance.

La diffusion et la réception des Siete Partidas (The Dissemination and Reception of the Siete Partidas)

Initially, the Siete Partidas did not gain widespread acceptance due to resistance from local legal traditions and customary laws. However, their formal adoption in the Ordenamiento de Alcalá (1348) marked a turning point, establishing them as a cornerstone of Castilian law. The Partidas were widely disseminated throughout the Iberian Peninsula and, later, in the Spanish colonies, where they influenced legal systems in the Americas.

The text’s adaptability allowed it to coexist with regional statutes and customary practices, while its philosophical and theological underpinnings ensured its enduring authority.

L’importance des Siete Partidas pour l’histoire juridique (The Importance of the Siete Partidas in Legal History)

The Siete Partidas occupy a central place in the history of medieval and modern law:

• Legal Heritage: They integrated Roman, canon, and customary law into a unified system, creating a comprehensive legal framework.
• Theoretical Contributions: The text’s systematic structure and moral foundations provided a model for later codifications in Europe and Latin America.
• Global Influence: As part of Spanish colonial law, the Siete Partidas shaped the development of legal systems in Hispanic America, where they remained influential until the 19th century.

The chapter underscores the Siete Partidas as not only a legal text but also a cultural artifact, reflecting Alfonso X’s vision of law as an instrument for moral and social order.

Conclusion

The Siete Partidas represent a landmark achievement in medieval legal history, combining law, philosophy, and theology into a unified and systematic legal code. Despite initial resistance, their legacy endured through their incorporation into Castilian law and their influence on legal systems in the Spanish-speaking world. This text exemplifies Alfonso X’s ambition to harmonize governance with justice, reflecting both the cultural aspirations and legal innovations of 13th-century Castile.

This chapter examines Le Liber Augustalis, a pivotal legislative text issued by Frederick II in 1231 for the Kingdom of Sicily. It explores the text’s historical context, legislative framework, and its enduring influence on the evolution of legal systems. As a cornerstone of medieval legal culture, the Liber Augustalis showcases Frederick II’s vision of centralized governance, legal innovation, and the integration of diverse cultural and juridical traditions.

Introduction

The Liber Augustalis emerged during the broader transformation of European governance in the 11th and 12th centuries. While monarchies across England, France, the Iberian Peninsula, and Southern Italy sought legitimacy through divine sanction, the Kingdom of Sicily exemplified a unique blend of cultures—Latin, Greek, Muslim, and Lombard. Frederick II’s reign marked a critical juncture in consolidating this multicultural legacy. His legal innovations culminated in the Liber Augustalis, a ius proprium tailored to the Kingdom of Sicily, which remained in effect until the early 19th century.

Le pouvoir de légiférer (The Power to Legislate)

As both King of Sicily and Holy Roman Emperor, Frederick II maintained a clear division between his two crowns, with the Liber Augustalis focusing exclusively on the Sicilian realm. The preamble (prooemium) of the text establishes its theological and philosophical underpinnings, presenting legislation as a continuation of divine order. Drawing on Roman law, specifically the Lex regia, Frederick asserted his authority to legislate independently of papal intervention. This secular and divine duality underpinned the revolutionary nature of his legal framework.

Frederick’s legislation explicitly abrogated prior laws and customs that contradicted the new rules, consolidating all previous laws into a cohesive corpus. His goal was to restore order to a kingdom destabilized by his youth and absences during imperial disputes.

La rédaction du Liber Augustalis (Drafting the Liber Augustalis)

The drafting process of the Liber Augustalis remains shrouded in mystery, with sources offering limited and often indirect evidence. Initial steps involved recognizing existing laws and customs from Norman predecessors, culminating in Frederick’s commission in 1230 to compile these rules systematically. The final text faced opposition from Pope Gregory IX, who viewed it as a challenge to ecclesiastical authority.

Despite the lack of transparency regarding its authorship, the Liber Augustalis embodies Frederick’s legislative authority. The text’s coherence reflects its reliance on legal advisors and scribes while maintaining the sovereign as its sole political and legal author.

La tradition manuscrite et les problèmes de reconstruction des textes (The Manuscript Tradition and Textual Reconstruction Challenges)

The Liber Augustalis has been preserved in 22 manuscripts, categorized into:

• The original 1231 corpus (Constitutions de Melfi).
• Manuscripts incorporating Frederick’s subsequent novellae (amendments up to 1246).
• Greek translations of the text.
• Reduced versions of the Liber Augustalis.

The text evolved over time, with the posthumous Vulgate version reorganizing the original corpus and novellae into three books. These books address public law, judicial procedure, and feudal, criminal, and private law. Despite the inconsistencies in manuscript traditions, the Liber Augustalis remains one of the most comprehensive secular legislative texts of its era.

La fortune juridique et éditoriale du Liber Augustalis (The Legal and Editorial Legacy of the Liber Augustalis)

The Liber Augustalis experienced a complex editorial history, with its editio princeps published in Naples in 1475. Subsequent editions, primarily during the 16th century, were aimed at practical judicial use. By the 18th century, interest in the text shifted toward scholarly pursuits, culminating in philological editions like Gaetano Carcani’s 1786 version, which included the Greek text for the first time.

The 19th and 20th centuries saw further historiographical interest, with critical editions such as Wolfgang Stürner’s 1996 work for the Monumenta Germaniae Historica. These editions provided rigorous textual comparisons, ensuring the Liber Augustalis’ continued relevance as a historical and legal source.

Le Liber Augustalis dans son contexte (The Liber Augustalis in Context)

Frederick II’s legislation reflects a synthesis of Roman and canon law principles, demonstrating mutual influences between secular and ecclesiastical legal traditions. The Liber Augustalis not only codified procedural norms for the Kingdom of Sicily but also symbolized Frederick’s ambition to create a centralized and coherent legal order. This legal innovation paralleled contemporary developments, such as the Liber Extra in canon law, underscoring the reciprocal relationship between these traditions.

Conclusion

The Liber Augustalis represents a landmark in medieval legislative history, combining legal sophistication with political vision. Frederick II’s emphasis on centralized governance and juridical precision set a precedent for later legal systems. Its enduring legacy lies in its ability to balance cultural diversity with legal unity, shaping both Sicilian governance and the broader evolution of European law.

This chapter examines the royal legislative process in medieval France from the 13th to the 15th centuries. It explores the sources, structure, language, and content of royal acts, providing a methodological guide for understanding their historical and legal significance.

Accéder aux sources : les actes royaux (Accessing the Sources: Royal Acts)

The chapter opens with an overview of the primary sources for royal legislation. Royal acts (actes royaux), issued by the monarchy to regulate various aspects of governance, have been preserved in archives such as the Trésor des chartes. Collections like the Ordonnances des Rois de France provide scholars with access to these normative documents, which include ordinances, letters patent, and decrees. The chapter underscores the importance of these texts as evidence of the consolidation of royal power and the centralization of authority in France.

Se repérer dans la procédure législative médiévale (Navigating Medieval Legislative Procedure)

Medieval legislative processes were characterized by formalized procedures that evolved alongside the growth of royal administration. The chapter describes how royal acts were drafted, validated, and disseminated:

1. Initiation: Legislation often began in response to petitions or identified administrative needs.
2. Drafting: Legal advisors, such as the king’s councilors and chancery officials, played a central role in composing acts.
3. Validation: Acts required the king’s approval, often formalized through seals.
4. Promulgation: Royal acts were communicated to officials and subjects via public proclamation or written copies distributed to local authorities.

The procedural rigor reflects the growing institutionalization of royal power during this period.

Des mots pour dire l’acte normatif royal (Words to Describe the Royal Normative Act)

The chapter examines the terminology used in royal legislation, highlighting the precise language employed to convey authority. Terms like statut, ordonnance, and lettres patentes denoted different categories of royal acts, distinguished by their scope and legal purpose:

• Statut (Statute): General legislative measures.
• Ordonnance (Ordinance): Administrative acts regulating governance.
• Lettres patentes (Letters Patent): Public and sealed acts addressing specific subjects or individuals.

This vocabulary illustrates the monarchy’s effort to formalize and differentiate its legislative authority.

Identifier la mise en forme de l’acte (Identifying the Format of the Act)

The physical and structural presentation of royal acts reveals their legal and symbolic significance. Royal acts followed a standard format, which included:

1. The Invocation: Addressing divine authority or the king’s legitimacy.
2. The Preamble: Stating the rationale for the act and its objectives.
3. The Dispositive Section: Detailing the legal norms or measures enacted.
4. The Sanction: Establishing penalties for non-compliance.
5. The Closing Formula: Validating the document’s authority, often sealed with the royal chancery’s mark.

The use of seals and parchment reflected the solemnity and authenticity of royal acts, ensuring their acceptance across the kingdom.

Considérer le contenu de l’acte (Considering the Content of the Act)

Royal acts addressed a wide range of subjects, reflecting the monarchy’s expanding legislative scope. Key areas of regulation included:

• Justice: Establishing procedures for courts and defining criminal and civil law.
• Finance: Regulating taxation and royal revenues.
• Defense: Organizing military obligations and fortifications.
• Social Order: Enacting measures to maintain public order and resolve disputes.

The content of royal legislation reveals the monarchy’s pragmatic responses to societal challenges, as well as its ambition to standardize legal norms across the realm.

The chapter concludes by reflecting on the methodological challenges of studying royal acts. It emphasizes the need to consider both their formal structure and practical application, balancing textual analysis with historical context. By examining royal acts as instruments of governance, scholars gain insights into the evolution of royal authority, legislative practices, and the growing role of written law in medieval France.

This text serves as an introduction to the section on secular legislation and the new normative dynamics emerging in the late Middle Ages, particularly during the 13th century. It explores the shift in legal culture and the evolution of normativity, presenting the historical, conceptual, and methodological framework for analyzing the legislative practices of this transformative period.

Loi, norme, normativité (Law, Norm, and Normativity)

The introduction argues that understanding medieval normativity requires distancing oneself from modern legal definitions and frameworks. Unlike contemporary law, medieval legal systems lacked generality, permanence, and hierarchical coherence. Instead, they were characterized by fragmented juridical orders, plural sources of authority, and diverse norms addressing different societal groups (e.g., clerics, nobles, bourgeois). For instance, the Siete Partidas demonstrates how legislative texts operated effectively despite the absence of formal promulgation procedures. The text advocates for a focus on "legal norms" rather than "laws" to avoid anachronistic assumptions.

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Production normative et institutionnalité (Normative Production and Institutional Structures)

Medieval normativity challenges the modern assumption of a separation of powers. In the medieval context, power was defined by legitimacy and intensity rather than functional distinctions (legislative, judicial). Normative interventions often blurred the lines between legislation and casuistry, as seen in Roman imperial rescripts. This fluidity complicates the strict categorization of legal texts into modern frameworks of "legislation" and "judicial decisions."

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Application et effectivité (Application and Effectiveness)

The text delves into the issue of legal norms’ effectiveness, examining the relationship between law and social reality. Two schools of thought are contrasted:

1. Positivist or Dogmatic School: Emphasizes the validity of law as self-contained, independent of its social implementation.
2. Sociological School: Focuses on the social realization of norms, measuring their "effectiveness" by their degree of implementation and societal impact.

Effectiveness is further divided into:

• Application (Effectivity): Alignment between norms and their enforcement.
• Utility (Efficiency): Achievement of the intended goals of the norms, such as social reforms or behavioral changes.

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La conjoncture inédite du second Moyen Âge (The Unique Context of the Late Middle Ages)

The 13th century is identified as a pivotal period for legal innovation, marked by a "normative push." Several converging factors include:

• The centrality of Roman law, either directly or through canonical mediation.
• The growing ambition of legislative texts, exemplified by works like the Siete Partidas and the Liber Augustalis, which sought to legislate comprehensively.
• Efforts to make legal norms accessible, including vernacular translations of texts previously reserved for Latin.

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Précisions liminaires (Preliminary Clarifications)

The introduction outlines the scope and limitations of the chapters that follow, focusing exclusively on secular legislation. Ecclesiastical law and English common law are deliberately excluded, as they are explored in other sections of the handbook or existing literature. This section instead emphasizes continental developments, particularly in France, Italy, and Poland, where the "normative turn" of the 13th century had profound legal and societal implications.

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Conclusion

This introduction establishes the historical and conceptual foundation for understanding the legislative practices of the late Middle Ages. By reframing the study of medieval normativity within its historical context, it provides a lens for analyzing the chapters that follow, which explore diverse legal traditions and the broader impact of the 13th-century "normative push."

This chapter examines the rhetorical and dialectical tools used in medieval legal education and practice. Focusing on the genres of distinctiones, quaestiones, argumenta notabilia, and brocardica, the chapter explores their development, application, and significance in shaping medieval jurisprudence and scholarly discourse.

Les sources rhétoriques et dialectiques du droit médiéval
(Rhetorical and Dialectical Sources of Medieval Law)

Medieval schools of law adopted methods rooted in rhetoric and dialectic, disciplines that were central to the trivium of liberal arts. Rhetoric emphasized persuasive argumentation, while dialectic focused on rigorous logical reasoning. These methods, developed from the 9th century, became the foundation of the scholastic method, which dominated medieval education. This method relied on disputation (disputatio), a process that juxtaposed opposing positions (oppositio contrariorum) and resolved them through reconciliation (solutio contrariorum).

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Oppositio Contrariorum
(Oppositio Contrariorum)

The oppositio contrariorum method, central to scholastic inquiry, juxtaposed conflicting norms or concepts to resolve contradictions:

• Hermeneutic and Systematic Use: In law schools, it clarified legal texts, harmonizing inconsistencies and aiding interpretation.
• Judicial Practice: The Romano-canonical trial system incorporated dialectical structures where judges evaluated opposing claims from plaintiffs and defendants. In some cases, antinomies were exploited without resolution, as seen in early brocardica, which provided jurists with arguments for both sides of a case.

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Solutiones Contrariorum
(Solutiones Contrariorum)

When aimed at generating knowledge, the oppositio was resolved through a solutio contrariorum. This process reconciled contradictions by distinguishing their application to specific cases. Jurists upheld the principle of a coherent legal system, viewing contradictions as apparent rather than real. Examples include Gratian’s Decretum, where this methodology underpinned the work’s systematic approach to resolving canonical antinomies.

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Les genres littéraires de nature argumentative
(Argumentative Literary Genres)

Rhetorical and dialectical techniques informed various literary genres used in legal education and scholarship:

1. Distinctiones (Distinctions): Logical divisions of concepts into categories, widely applied to reconcile conflicting texts and systematize legal principles.
2. Quaestiones (Questions): Structured debates addressing legal or doctrinal problems, further divided into:
• Quaestiones legitimae Abstract discussions resolving antinomies in legal texts.
• Quaestiones disputatae Practical exercises based on hypothetical or real cases.
3. Argumenta Notabilia (Notable Arguments): Marginal notes that evolved into collections of concise legal maxims.
4. Argumenta Brocardica (Brocard Arguments): Maxims accompanied by opposing arguments, serving as tools for judicial reasoning and systematic legal interpretation.

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Distinctiones

Derived from ancient and scholastic logic, distinctiones divided legal principles into hierarchical categories, clarifying their applicability. This genre was popularized in legal glosses and independent collections, influencing Gratian’s Decretum. Distinctions were often presented visually, using branching diagrams to illustrate logical subdivisions.

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Quaestiones

The quaestio combined method and genre, addressing either abstract antinomies (quaestiones legitimae) or practical disputes (quaestiones disputatae). This genre emerged in Bologna and later spread to northern Europe, becoming a central pedagogical tool. Quaestiones evolved from classroom exercises to collections authored by jurists like Pillius de Medicina and Jean Bassian.

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Argumenta Notabilia

Initially marginal notes, notabilia evolved into collections of legal maxims accompanied by supporting references. These compilations systematized canonical and civil law, serving both practical and pedagogical purposes. Organized by thematic or textual order, they bridged legal practice and scholarly commentary.

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Argumenta Brocardica

The brocardica genre synthesized legal maxims with dialectical opposition, creating a dynamic tool for argumentation. Early brocardica collections focused on providing general arguments for judicial practice. Over time, they incorporated solutions to antinomies, aligning them with the systematic aims of canon and civil law.

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Conclusion

The chapter underscores the interconnectedness of rhetorical, dialectical, and legal traditions in medieval scholarship. By analyzing genres like distinctiones and brocardica, De Concilio highlights their role in harmonizing legal principles and advancing medieval jurisprudence. These tools not only shaped the intellectual culture of legal education but also provided practical frameworks for resolving legal conflicts.

This chapter explores the historical development, structure, and influence of the Libri Feudorum (“Book of Fiefs”), a collection of legal texts originating from Lombard customary law. It examines how these texts evolved from a local compilation into a foundational part of the ius commune and highlights the debates surrounding their interpretation and significance.

Les Libri feudorum : une introduction (The Libri Feudorum: An Introduction)

The Libri Feudorum is a heterogeneous legal text compiled between 1100 and 1250, based on Lombard customs regulating feudal relationships between lords and vassals. These rules addressed personal relationships and property rights over fiefs (beneficia), which included land, castles, or income. The text reflects the intersection of personal loyalty and real property, emphasizing obligations such as fidelity and mutual protection.

Les Libri feudorum et les fiefs (The Libri Feudorum and Fiefs)

François-Louis Ganshof’s narrow definition of feudalism—combining vassalage with the holding of fiefs—has long been the dominant framework for understanding medieval feudalism. However, broader interpretations, such as those of Marc Bloch and Karl Marx, consider feudalism as a socio-economic and political system. The Libri Feudorum, with its focus on Lombard customs, exemplifies these localized practices and challenges universal notions of feudalism.

Débats sur le texte et son importance (Debates on the Text and Its Importance)

Susan Reynolds critiques the concept of feudalism as an artifact of modern historiography, influenced by the terminology of the Libri Feudorum. The text’s integration into the Corpus Iuris Civilis during the 13th century amplified its authority, shaping later interpretations of medieval legal and political systems. This integration highlights its dual role as a local customary text and a source of universal jurisprudence.

La formation du texte (The Formation of the Text)

The Libri Feudorum went through three phases of codification:

1. Recensio antiqua (11th–12th centuries): Comprising eight treatises rooted in Lombard legal traditions.
2. Recensio ardizzoniana (mid-12th century): Incorporating local practices and imperial legislation.
3. Recensio vulgata (13th century): Finalized in Bologna, this version organized the text into two books and integrated imperial decrees and canon law.

The text evolved from descriptions of local customs into a cohesive legal framework, enriched by contributions from figures like Oberto dell’Orto and Pillius de Medicina.

Les textes les plus anciens (The Earliest Texts)

The initial treatises focused on feudal inheritance, investiture, and dispute resolution. Composed in Lombardy, they addressed the practices of local aristocracies, such as the capitanei and valvasores. Their didactic tone suggests they were intended for legal practitioners familiar with feudal judicial practices.

La recensio antiqua et Oberto dell’Orto (The Recensio Antiqua and Oberto dell’Orto)

Oberto dell’Orto’s contributions marked a shift towards systematizing feudal law. His interpretation of feudal possession as a real right (ius in re) facilitated the application of Roman law concepts like possessio and dominium to feudal relationships. Oberto also highlighted the tension between Roman law and local custom, asserting the primacy of custom in feudal disputes.

La recensio ardizzoniana ou intermédiaire (The Recensio Ardizzoniana or Intermediate Phase)

This phase reflects a blend of Lombard customs and civic legal traditions. Jurists like Pillius de Medicina adapted the Libri Feudorum for academic purposes, treating it as part of the Justinianic tradition. This marked the beginning of its incorporation into the ius commune.

La recensio vulgata (The Recensio Vulgata)

The Recensio vulgata was finalized in Bologna during the mid-13th century, incorporating glosses by Pillius and Accurse. This version established the Libri Feudorum as an official part of the Corpus Iuris Civilis, making it a universal reference for feudal law across Europe.

La littérature juridique féodale (Feudal Legal Literature)

The integration of the Libri Feudorum into the ius commune inspired a body of feudal legal literature, including glosses, summae, and commentaries. These works adapted the text to academic and judicial contexts, linking it to Roman and canon law traditions.

La diffusion du texte : portée et limites (The Diffusion of the Text: Scope and Limits)

By the 14th century, the Libri Feudorum was widely studied in Europe, particularly in Italy and France. However, its use remained limited compared to the vast Justinianic corpus. Some jurists questioned its universal applicability due to its roots in Lombard customs.

Conclusion

The Libri Feudorum represents a unique transition from local custom to a foundational source of the ius commune. Its integration into the Corpus Iuris Civilis and subsequent influence on legal scholarship illustrate its importance in the evolution of medieval jurisprudence. Despite its limitations, the text continues to be a focal point for discussions on the nature of feudal law and its role in European legal history.

This chapter examines the medieval origins of the renewal of ecclesiastical law, focusing on the casuistic nature of papal decretals and their evolution into general legal norms. It explores the development of the Corpus Iuris Canonici, the role of canonists, and the integration of these legal texts into the broader framework of medieval legal culture.

Le droit canonique et la culture juridique occidentale
(Canon Law and Western Legal Culture)

The chapter begins by situating canon law as a fundamental element of European legal and cultural development. The coexistence of canon law (ius canonicum), Roman civil law (ius civile), and local legal traditions (iura propria) from the 12th century contributed to the creation of the ius commune, which governed Europe until the modern codifications of national laws. Despite the schisms caused by the Reformation, the Roman Church’s canon law remained integral to the legal framework of Western Europe, influencing values, institutions, and legal mechanisms.

Les Corpora iuris de l’Église et de l’Empire
(The Legal Corpora of the Church and the Empire)

This section compares the development of the Corpus Iuris Civilis (Roman civil law) and the Corpus Iuris Canonici (canon law). While Justinian’s Corpus Iuris Civilis was a unified imperial codification promulgated in the 6th century, the Corpus Iuris Canonici emerged gradually between the 12th and 15th centuries, encompassing a heterogeneous collection of ecclesiastical sources. Papal reforms, particularly the post-Tridentine decrees, further shaped canon law by introducing new legal frameworks and addressing the challenges posed by the Protestant Reformation.

Les décrétales et le ius novum
(Decretals and the Ius Novum)

The decretals, papal letters addressing specific cases or questions, played a pivotal role in developing new law (ius novum). Initially focused on resolving particular disputes, these decretals evolved into sources of general legal norms. Canonists expanded their casuistic origins into universal principles, integrating them with the ius vetus (ancient law) found in Gratian’s Decretum. The systematic organization of decretals in collections like the Compilatio Tertia and Gregory IX’s Liber Extra standardized their application in courts and universities.

Autour de l’authenticité des décrétales extravagantes
(On the Authenticity of Decretales Extravagantes)

Decretales Extravagantes, which circulated outside the official collections, presented challenges in determining their authenticity. Innocent III’s decretal Pastoralis officii diligentia addressed this issue, establishing the principle that conformity with the ius commune could validate texts of questionable origin. This principle underpinned the medieval Church’s approach to regulating the authenticity of legal documents, particularly in combating forgery.

Les extravagantes entre le Moyen Âge et l’époque moderne
(The Extravagantes Between the Middle Ages and Modernity)

The transition from manuscript to print during the late Middle Ages stabilized the transmission of Decretales Extravagantes. These texts, along with regulae cancellariae (chancery rules) and decisiones rotae (judgments of the Roman Rota), became integral components of the Church’s legal order, even though their unofficial circulation raised questions about their legal status. The systematic organization of the normative texts and their publication in incunables during the 15th century marked a significant step in their integration into canonical tradition.

Conclusion

The chapter highlights the casuistic origins of papal decretals and their transformation into general legal principles, illustrating the dynamic interplay between specific cases and overarching norms in canon law. By integrating disparate legal sources into the Corpus Iuris Canonici, medieval canonists laid the groundwork for a unified legal culture that shaped ecclesiastical and secular jurisprudence.

This chapter explores the development and interpretation of canon law within the context of the ius commune, focusing on its exegetical techniques, literary forms, and methodological innovations from the 12th century onwards. It examines the interplay between canon law and Roman law, emphasizing their mutual influence and integration over time.

Summae et commentaria (Summae and Commentaries)

The chapter begins by discussing the exegetical apparatus that emerged alongside Gratian’s Decretum. These interpretative texts were not merely literary genres but dynamic tools for teaching and application, reflecting the lively intellectual environment of the schools. They were products of collaborative work between masters and students, contributing to the communal dimension of legal scholarship. Many of these works integrated glosses, notabilia, quaestiones, and summae, blurring rigid distinctions between literary forms.

La critique des genres littéraires : écrits de forme et écrits d’usage (Critique of Literary Genres: Formal and Practical Writings)

Exegetical writings evolved from practical teaching needs rather than formal literary conventions. The interpretative texts often included excerpts and annotations, combining elements from earlier works. Originality lay not in the creation of entirely new content but in the selection and reinterpretation of existing texts to address contemporary legal and societal issues.

L’exégèse, projection du processus d’autonomisation du droit canonique (Exegesis and the Autonomization of Canon Law)

With the introduction of Gratian’s Decretum, canon law began to establish itself as an autonomous legal discipline, distinct from theology. This required adapting interpretative tools to clarify contradictions within the canons and harmonize them with evolving legal needs. Early interpreters were influenced by theological traditions but gradually developed unique methods to delineate legal concepts like natural law, divine law, and human law.

La complexité des formes de l’interpretatio(The Complexity of Interpretation Techniques)

Interpretative practices encompassed glosses, notabilia, brocards, and quaestiones, among others. These tools reflected a dynamic interaction between legal norms and their application. Over time, analytical methods gave way to more systematic approaches, resulting in monumental works such as summae and commentaries. These texts addressed practical legal issues, ensuring their relevance in both academic and societal contexts.

Les Summae (The Summae)

The Summae were comprehensive legal texts that synthesized and systematized canon law. Key examples include:

• Paucapalea: Often considered the first summa on Gratian’s Decretum, emphasizing its pedagogical purpose.
• Rufin’s Summa Decretorum: A significant work combining analytical and systematic methods to address complex doctrinal issues.
• Huguccio of Pisa’s Summa: A synthesis of earlier interpretations, integrating Roman law principles to address the challenges of the ius novum.

L’ampleur du phénomène en Europe (The Scale of the Phenomenon in Europe)

The spread of canon law studies across Europe gave rise to regional schools, including:

• Franco-Rhenish School: Influenced by Étienne de Tournai and the integration of Roman law into canon law.
• Anglo-Norman School: Rooted in the works of Gerard Pucelle, who brought the Bologna school’s methodologies to England.
• German and Italian Schools: Centers like Cologne and Bologna played pivotal roles in developing systematic legal interpretations.

Vers de nouvelles exigences et de nouveaux modèles d’interprétation : Le ius commune et les Décrétalistes (Toward New Demands and Models of Interpretation: The Ius Commune and the Decretalists)

The integration of canon and Roman law during the 13th century marked the maturity of the ius commune. Canonists increasingly relied on Roman law principles to resolve complex cases, harmonizing ecclesiastical and secular norms. The publication of the Liber Extra by Gregory IX solidified this synthesis, fostering a generation of jurists skilled in both legal traditions.

Conclusion

Rosalba Sorice’s analysis highlights the dynamic evolution of canon law within the framework of the ius commune. From its roots in Gratian’s Decretum to the synthesis of canon and Roman law, the chapter underscores the intellectual rigor and practical adaptability of medieval legal scholarship. The interpretative works of canonists not only shaped ecclesiastical law but also influenced broader legal traditions across Europe.

This chapter offers an in-depth exploration of the medieval revival, adaptation, and teaching of Roman law, examining its sources, dissemination, and impact. The author situates this resurgence of Roman law within the intellectual and institutional transformations of the 12th and 13th centuries, emphasizing its integration into European legal traditions through scholarly and pedagogical innovations.

The Sources and Literature of Medieval Roman Law

The chapter begins with the rediscovery and reorganization of the Corpus iuris civilis, Justinian’s monumental codification of Roman law from the 6th century. Composed of four parts—the Code, Digest, Institutes, and Novels—this legal corpus encapsulated centuries of Roman legal tradition. Medieval scholars divided the Corpus into five volumes: the Old Digest, the Infortiat, the New Digest, the Code, and the Volumen. By the 13th century, these texts were circulating in the “Vulgate” version, which differed slightly from modern editions.

Development of Doctrinal Works: Chronological Milestones

1. The 12th Century and the Rise of Legal Education
• Roman law gained prominence in studia (early schools) and later universities. Teachers employed methods like the glossa, annotating and interpreting Justinian’s texts to address contemporary legal and practical issues.
• Bologna emerged as a key center of Roman law studies, shaping a coherent scholarly tradition that spread across Europe.
2. The 13th Century and Doctrinal Synthesis
• The Glossa Ordinaria by Accursius (c. 1220–1260) was a landmark achievement, consolidating a century of legal glosses. It became the definitive commentary, accompanying the Corpus iuris civilis in academic and judicial settings.
• New legal reasoning methods emerged, incorporating Aristotelian logic and emphasizing interpretation over literal definition. These innovations transformed the teaching and application of Roman law.
3. The Triumph of the Ius Commune in the 14th and 15th Centuries
• Roman law evolved into a universal legal framework (ius commune), coexisting with local laws (ius proprium). Jurists viewed local statutes as exceptions within a unified Romanist system.
• This synthesis influenced doctrinal works like commentaries, treatises, and collections of consilia (legal opinions), which integrated Roman and canon law.

Working with Medieval Roman Law Sources

The chapter provides guidance for researchers studying medieval Roman law:

1. Identifying key jurists and their works, such as Accursius, Bartolus, and Baldus, whose writings shaped the legal tradition.
2. Locating sedes materiae (core textual fragments) in the Corpus iuris civilis, which medieval jurists used to frame their commentaries.
3. Consulting manuscripts and early printed editions, acknowledging the challenges of attributions, textual variations, and historical biases.

Conclusion

Marie Bassano emphasizes the enduring significance of medieval Roman law as a foundational element of European legal culture. By integrating ancient texts into contemporary legal systems, medieval jurists bridged historical traditions and modern innovations. This chapter highlights the intellectual and practical contributions of medieval scholarship, affirming the Corpus iuris civilis as a dynamic and adaptable source of legal thought.

This chapter provides an in-depth analysis of the development and usage of canonical legal sources from the twelfth to fifteenth centuries. It emphasizes their central role in shaping medieval ecclesiastical law, the evolution of the Corpus Iuris Canonici, and the scholarly methodologies employed to interpret and apply these sources.

Introduction

Eckert defines canon law as the body of norms governing the Church and its members, addressing various issues ranging from ecclesiastical institutions and sacraments to legal obligations and spiritual infractions. The author highlights the interplay between canon law and broader social, cultural, and political structures of medieval Latin society. The chapter focuses on scholarly legal production while excluding the broader normative and administrative activities of the Church, providing a thematic lens for understanding medieval canon law.

Les sources du droit canonique avant 1150 (Canonical Sources Before 1150)

The period 1000–1150 saw the emergence of important canonical collections, such as Burchard of Worms’ Decretum and Ivo of Chartres’ works (Decretum and Panormia). These collections are accessible online, along with analytical databases like Clavis canonum. Although foundational, these sources predate the significant methodological and structural innovations introduced by Gratian.

Le Décret de Gratien et les décrétistes (Gratian’s Decretum and the Decretists)

Gratian’s Decretum (circa 1140) marked a transformative moment in canon law, combining hundreds of authoritative texts from conciliar canons, papal letters, and Church Fathers. Its originality lay in its dialectical organization, structured as distinctions and questions, which resolved contradictions among sources to achieve concordance. Gratian’s methods influenced the subsequent scholarly tradition of the decretists, who extensively glossed and commented on his work.

Les collections de décrétales et les décrétalistes (Decretal Collections and the Decretalists)

The need to complement Gratian’s Decretum with contemporary papal decretals led to the creation of systematic collections, culminating in the Liber Extra of Gregory IX (1234). These collections formalized the papal legislative authority and standardized ecclesiastical legal norms. Subsequent collections, such as Boniface VIII’s Liber Sextus (1298) and the Clementines (1317), reflected the growing abstraction and systematization of canon law.

Manuscrits et éditions des décrétales (Manuscripts and Editions of Decretals)

Eckert examines the transmission of canonical texts through manuscripts and their evolution into printed editions. While many works remain accessible only in manuscript form, projects like the Monumenta Iuris Canonici series have advanced critical editions of key decretist and decretalist writings. Digital repositories have further facilitated access to canonical manuscripts and editions.

Les gloses et leur rôle (Glosses and Their Role)

Glosses played a pivotal role in interpreting canonical texts, evolving from basic explanations to complex commentaries integrated into manuscripts. The Ordinary Gloss by Johannes Teutonicus (early 13th century) synthesized earlier scholarship and became the definitive interpretive framework for canon law, influencing its teaching and practice throughout the Middle Ages.

Conclusion

The chapter highlights the critical importance of canonical sources in shaping medieval ecclesiastical law and their enduring influence on legal traditions. The systematic methodologies developed by canonists, from Gratian to later decretalists, reflect the intellectual rigor and adaptability of canon law in addressing the complex legal and theological challenges of the time.