Based on your research and readings, and in your own words answer the question: what do you believe the role of Canon Law was in developing the Legal Systems we presently have? In your mind was there any other “system of rules” that could have as easily served the role that Canon Law served?
Required Text: Berman, H. (1983) Law and revolution: the formation of the western legal tradition. Boston: Harvard University Press. ISBN 978-0-674-51774-5 Read pages 199-254 in your text.
http://plato.stanford.edu/entries/aquinas-moral-political/#Law
Western Legal Tradition Lecture – Cannon Law and the Modern Legal System
This week we will be delving into the concept of “cannon law” and the idea that this was the first “modern legal system.” You will see from the readings that this systemization is thought to have occurred between 1050 and 1200. This represents a century and a half – 150 years of time but in the big scheme of things it would seem a relatively quick evolutionary process within the life of the Western Legal Tradition.
You will see from the readings as well that the concept of the word “canon” came to be used to describe the official or authentic lists of books comprised of the Holy Scriptures and to also describe the people who were ‘lawfully’ accepted or as you might have heard “canonized” as Saints.
The systemization of the laws of the church during this time frame was closely related to the Papal Revolution and among many other impacts of this revolution you will see that the law began to have “layers of importance” and it was recognized that the law is all but stagnant but instead although rooted in the past always grows into the future.
You will read about the concept of decretals. A “decretal” is something that the Pope promulgates based on certain knowledge according to the law. These “decretals” were deemed during the time frame of the early 1200s to “trump” and ordinary canon.
This time frame you will see was pivotal in the birth of the concepts that surround the law as we know it. The concept of a “Constitution” at least as we understand it today – that is as a location and limit of sovereignty – had is foundation in the Canon system of laws and hence the Church itself. This developing system of laws were derived in part from the ‘Constitution’ (the sovereignty – reach – location – and limits…of the Church itself)
A concept we take for granted in today’s legal system – that is that jurisdiction has limitations both in terms of power and authority also had its roots in this time frame between the late eleventh and twelfth centuries. The text explains this in terms of an understanding not of “Constitutional Law” as discussed above but in terms of “Corporate Law.” The idea was that the church conferred jurisdiction on certain people. The Church, itself a legal entity not different than a modern corporation actually “empowered” certain people and conferred jurisdiction upon individual ecclesiastical officers including the Pope, bishops and abbots. It was the law of corporations that determined the nature and limits of the jurisdiction thus conferred.
Hopefully you are inspired by this initial information. Aquinas was born in 1225 and died in 1274. He was a Roman priest who was an extremely influential person in the areas philosophy, religion and law particularly the concept of “natural law.” Reading about his thoughts and views has an impact on most.
