CONCORDIA DISCORDANTIUM CANONUM PDF
Hälfte des Jahrhunderts in Bologna lebte. Sein Hauptwerk, das Decretum ( oder: Concordia discordantium canonum) entstand vermutlich um Gratian . Law History of canon law. Sources Collections. Compilations. Selections Decretum Gratiani. Concordia discordantium canonum (Gratian, 12th cent.), . Law Law of the Roman Catholic Church. The Holy See Collections. Compilations . Selections Decretum Gratiani. Concordia discordantium canonum (Gratian.
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The Decretum of Gratian was composed in the first half of the 12th century by a Camaldolese monk about whom there exists no precise information, except that he was born in Chiusi and resided in the monastery of SS.
The work appeared in the earliest manuscripts under the title of Concordia discordantium canonum.
It is one of the most important canonical collections in the history of Canon Law, despite the fact that it was never officially adopted as an “authentic” source of Canon Law by papal discordanitum see corpus iuris canonici.
The Decretum is a vast compilation that includes about 4, capitula and is divided into three parts. Part one comprises distinctiones: The second part is composed of 36 causae, which in turn are divided into a certain number of quaestiones. Each causa ordinarily deals with a specific question, but occasionally several causae treat of the same matter, forming a distinct treatise.
For example causae 2 to 7 constitute an ordo judiciarius; causae 12 to 14 are a treatise on temporal goods of the Church and of the clergy; causae 16 to 20 present a section on monks; and causae 27 to 36 constitute a treatise on Matrimony. The third part, titled De consecratione, is generally divided into five distinctiones and is a treatise on the Sacraments.
The Decretum of Gratian is composed of texts of different origin: Hence Gratian’s work does not differ from the concordi that immediately preceded it, namely those of anselm of lucca, dscordantium of worms, and ivo of chartres see canonical collections before gratian.
A thorough study of the auctoritates cited in the Decretum has determined that the collections of Ivo of Chartres, particularly the Decretum and the Panormia, were Gratian’s main sources. However there remain a certain number of auctoritates, taken especially from patristic texts, the origin of which has not been determined.
CONCORDIA DISCORDANTIUM CANONUM
Gratian did not simply collect texts with rubrics in a skillful manner. He accompanied them with an original commentary, which, in a certain sense, represents the unifying element of his work. Each division and subdivision is preceded by a brief summary of the subject matter to be treated. The auctoritates or groups of auctoritates are likewise connected by means of commentaries dictawhich vary in length. Gratian realized that the auctoritates cited often contradicted one another, and in his commentary he attempted to reconcile these oppositions.
As a general rule his commentary underlines the particular features of the various opinions presented and draws the conclusion to which they lead.
In addition Gratian sought to demonstrate that the conflicts among the various doctrines were more apparent than real and were frequently attributable to a different interpretation of terms.
Finally, he attempted to formulate a general conclusion. It was indeed a Concordia discordantium canonum. Gratian’s Decretum was the object of commentaries from the middle of the 12th century. Among the first commentators were paucapalea and Roland Bandinelli, who in became Pope alexander iii.
The Decretum was used in the schools of law from the end of the 12th century, and it rapidly achieved a universal recognition that had not been enjoyed by any previous canonical collection. The Decretum of Gratian poses a number of technical problems that modern criticism is endeavoring to solve.
Definition of CONCORDIA DISCORDANTIUM CANONUM • Law Dictionary •
There is considerable discussion as to the origin of Gratian’s treatment of Penance De penitentia and his De consecratione. His treatment of Penance is introduced without explanation in the middle of causa Both treatises, and particularly the one on Penance, differ noticeably concoedia the rest of the work.
A study of the manuscripts has revealed numerous anomalies in the transcription of these two treatises, with the De penitentia appearing in some ancient manuscripts as an addition. At any rate, if the De penitentia and the De consecratione were not camonum integral part of Gratian’s work, they must have been added to it shortly following publication since they were known to the first commentators.
It is not certain whether the summaries or rubrics, which precede the auctoritates, are to be attributed to Gratian or rather, as A. Vetulani suggests, to one of the first commentators whose summary of the Decretum is contained in a manuscript of the library of Gdansk.
A careful examination of these summaries reveals the following facts: The paleae by themselves present several problems: Various explanations have been given for the origin of the term palea: This last explanation seems to be hardly probable; nonetheless it is difficult to accept with certainty either one of the first two. The paleae, which are auctoritates like all the others, present four essential characteristics: It has been established that all the texts considered as paleae antedate Gratian.
Furthermore, even though individual manuscripts from the end of the 12th century contain fewer paleae than those of the 14th century, canojum all the paleae existed as such in the 12th century. Moreover, small collections of paleae used to complete the Decretum were found in certain manuscripts dating from the end of the 12th and early 13th centuries.
The collections that have been examined indicate fragments taken from collections prior to Gratian and from the decretals of the popes prior to the years — 73; 64 of them were incorporated into the Decretum, 13 of which cannot be classified as paleae. The paleae of the Decretum probably came from these collections.
The collections prepared the way for the first compilations of decretals, which flourished from the last quarter of the 12th century. There is some doubt as to whether the texts of the Corpus iuris civilis and the treatises of Roman Law, which are found in the Decretum in a rather large number, are later additions. Most of the fragments of the Corpus iuris civilis inserted in the Decretum possess the four essential features of the paleae, even though the indication palea is often replaced by the word lex.
Moreover, in many instances the interpolation is evident. However, the texts appear to have been introduced into the Decretum by a process entirely different from that used for the paleae. In the earliest glosses are often found references to the Code or the Digest. Later on there is found a marginal transcription of the text thus selected, and then the addition into the very body of the Decretum.
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