Spätmittelalterliches Kirchenrecht Vier Ammerkungen zur Forschungslage

• Autores: Martin Bertram
• Localización: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte.: Kanonistische Abteilung, ISSN 0323-4142, Vol. 131, 2014, págs. 563-579
• Idioma: alemán
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• Resumen

  • This paper consists of four sections: 1) What does the term "Classical canon law" mean": In this case "classical" is no more than a colloquial label lacking scientific justification. The end of the so called classical period remains disputed as falling between 1234 and the Council of Trent.

    - 2)Mass transmission: The chronological uncertainty results from a dramatic proliferation of al! types of canon law records caused by the general increase of written culture since the 13th century.Whereas recent research has made considerable progress in limited areas, a synthesis transferring and integrating partial research into a general picture of 14th and 15th century canon law is still missing. The critical review of all manuscript material concerning papal legislation and canon law literature is far from being complete. - 3) Foggy history of literature: Research for the large group of texts, which are arbitrarily classified as "popular literature", "auxiliary tools", "operaminora" etc. is particularly unsatisfying. The historical significance of these texts will be completely missed if they are juged according to criteria of originality or scientific value which are notoriously poor. They do, however, reveal their considerable historical importance when appreciated as vehicles and intruments of the geographic and social penetration of Europe by the ius commune.This important historical function is manifested by the great numbers of surviving manuscripts. - 4) numerare et ponderare: From this perspective it seems appropriate to resume previous systematic and critical approaches to the manuscript holdings (Sehulte, Seckel). Indeed, a thorough review of the manuscripts is the inevitable basis for the appreciation of any text; even a simple counting of the manuscripts, if reliable, may yield surprising insights.