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The wish to avoid scandala or to put an end to scandalous situations has been and remains a continuous concern of canonists and Church authorities, at least as of the thirteenth century. As of Raymond of Penafort's Summa de paenitentia (late 1220s - early 1230s), scandalum was dealt with separately in canonical dictionaries. Legal historical research on the earlier use of the term within canon law, is however relatively scarce. Inspired by the linguistic-philosophical approach of the Begriffsgeschichte, this book offers a conceptual-historical analysis of the use of scandalum by early Bolognese decretists (ca. 1140 - ca. 1180) and in papal decretals from Alexander III (1159) until the promulgation of the Liber Extra by Gregory IX in 1234. For Gratian and the earliest generation of decretists (Paucapalea and Rolandus), scandalum was a quite insignificant notion. Gradually, with Rufinus, however, the concept gained importance, both quantitatively and qualitatively. Stephen of Tournai pointed at the horrible consequences of a scandalum for the salvation of the souls. Simon of Bisignano stressed, for instance, the opposition between scandalum and peace. Even though non of the twelfth- and early thirteenth-century sources had yet developed a consistent theory on scandalum and its legal consequences, the analysis of papal decretals shows how scandalum became a more popular concept, especially in the field of disciplinary and penal canon law. Some evidence even suggests an instrumentalism of the term by the end of the twelfth century. At the same time, increasingly popes, especially Innocent III (1), were aware of the ambivalent nature of the concept. Apart from scandalum's polysemy, the legal-political use of the term was striking: repression, reconciliation and cover-up policies could all be justified in order to avoid or to put an end to scandala, and, thus, to save one's soul and to protect the Church. This relatively open and flexible notion played an important part in the Church's peace policy as well. This study argues that scandalum can be described as 'indignation as a source of conflicts'.

Academic collection --- 348.15*501 --- 348.15*540 --- Kerkelijk recht --- Kerk & wereld --- 348.15*540 Gregorius ix:decretales --- Gregorius ix:decretales --- 348.15*501 Gratianus:decretum --- Gratianus:decretum --- Gratianus:decretum --- Gregorius ix:decretales

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34 <37> --- 34 <37> Romeins recht --(algemeen-voor verdere onderafdelingen z.o:{341 <37>}; {342 <37>}; {343 <37>};{347.1 <37>}; {?347.2 <37>: 347.6 <37>}; {347.62 <37>} --- Romeins recht --(algemeen-voor verdere onderafdelingen z.o:{341 <37>}; {342 <37>}; {343 <37>};{347.1 <37>}; {?347.2 <37>: 347.6 <37>}; {347.62 <37>}

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As one of the remnants of Roman law, acts of last will have played an important role in European history. Last wills offer many opportunities for interdisciplinary research, as they are positioned at the crossroads of law, social history, economic history and the history of mentalities. Despite being formally the expression of a testator’s ultimate wishes, the last will was subject to restrictions and formalities from various sides, such as princely laws, family interests and stipulations from ius commune.This volume collects nine papers by an international group of scholars on the legal status, use and restrictions of acts of last will, with a special focus on various European regions that in the fifteenth to seventeenth centuries constituted a periphery within the ius commune tradition. The papers are structured around three major themes: the study of testamentary practices as a lens for the study of social life; the position of ius commune in comparison to local legal discourse and practice; and the relation between particular law and testamentary freedom.

History of the law --- History of Europe --- anno 1400-1499 --- anno 1500-1599 --- anno 1600-1699