Corpus Iuris Canonici – The Genesis and Significance of Medieval Collection of Ecclesiastical Law in the Classical Period of Canonist Science
Pravnik, Ljubljana 2021, Vol. 76 (138), Nos. 5-6
The
intertwinement of Roman (civil) law and canon law in the medieval Eu- rope is
commonly designated as "both laws” (ius
utrumque). Medieval canon law was a universal law, which emerged from
ecclesiastical as well as ancient Roman legal sources and was at its core a
product of scholastic ecclesiastical science
of canon lawyers
as well as papal legislation. The article outlines
three centuries of development and the core content of ecclesiastical legal collections
in the period of the classical age of canonist
science (12th−14th centuries). The period is characterised primarily by the private collection
of canon sources Decretum Gratiani
(1140), the most extensive medieval
official codification – Liber
Extra (1234) as well as its additions Liber
Sextus (1298), Clementinae (1317) and Extravagantes. The mission of the papal
legislation was to upgrade
Roman law provisions in the light of Gospel and theological teachings. The
law-making activity of the Church, resembling the vocation of Roman prae- tor, facilitated the reception Roman law in a society
governed by the values of Christian morality.
Key words: Canon law, Roman law, reception of Roman law, Catholic Church, codification,
Code of Canon Law, Christianity, Middle Ages.