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Gratian and His Book: How a Medieval Teacher Changed European Law and Religion
Oxford Journal of Law and Religion Pub Date : 2021-03-29 , DOI: 10.1093/ojlr/rwab003
Anders Winroth 1
Affiliation  

Gratian of Bologna, later bishop of Chiusi (died c. 1145), was a remarkably influential lawyer, who is undeservedly little known today. He was a legal expert who specialized in the rules and regulations of the Western Christian church. In around 1140, he put together a law book known as the Decretum, which became a great success, remaining foundational for medieval and modern law. The article focuses on three legal areas: tithes, marriage, and natural law. It discusses how Gratian used scholastic methods and classroom exercises to come to grips with the many contradictions that existed in the more than ten centuries of law that he strove to collect and synthesize. It highlights how Gratian’s innovations in marriage law, natural law, and procedural law still influence modern law. Gratian left Bologna before he had finished the course, and the article reflects on the differences in his later fate and that of his book.

中文翻译:

格拉蒂安和他的书:中世纪教师如何改变欧洲法律和宗教

博洛尼亚的格拉蒂安,后来的丘西主教(卒于约 1145 年),是一位非常有影响力的律师,他今天鲜为人知。他是一位法律专家,专门研究西方基督教会的规章制度。1140 年左右,他编写了一本名为《法令》的法律书籍,取得了巨大的成功,成为中世纪和现代法律的基础。这篇文章关注三个法律领域:十一奉献、婚姻和自然法。它讨论了格拉蒂安如何使用学术方法和课堂练习来处理他努力收集和综合的十多个世纪法律中存在的许多矛盾。它突出了格拉蒂安在婚姻法、自然法和程序法方面的创新如何仍然影响着现代法律。格拉蒂安在完成课程之前离开了博洛尼亚,
更新日期:2021-03-29
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