Scandalum in the Medieval Canon Law and in the English Ecclesiastical Courts

• Autores: R. H. Helmholz
• Localización: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte.: Kanonistische Abteilung, ISSN 0323-4142, Vol. 127, 2010, págs. 258-274
• Idioma: alemán
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• Dialnet Métricas: 4 Citas
• Resumen

  • In medieval law and theology, the term "scandal" had a more definite meaning than it does today. It meant a stumbling block to right conduct. To create a scandal meant speaking or acting in a way that would cause others to sin. This article shows that, despite the absence of the concept from the titles of the liber extra, it nevertheless played a role in the practical jurisprudence of the English ecclesiastical courts. The article draws upon evidence in the medieval court records, showing that the concept was used in three ways: first, as a spur for judicial action, including deviation from the normal ordo iuris to prosecute those whose conduct had created scandal ; second, as a reason for avoiding conflict with customs widely accepted among the laity; and third, as a basis of a disciplinary jurisdiction involving men and womwn whose language had caused disharmony in local communities. The article ends by noting a tendency, found in the records, to extend usage of the term beyond the point where it had any defined meaning. In time, the result was to reduce the role of scandal in practice to a largely formulaic one.