Decretum Gratiani

The Decretum of Gratian ( about 1140 ) was the main work of living in Bologna and considered to be the father of canon law Kamaldulensermönchs Gratian.

It forms the first part of a collection of six law books, which are summarized in the Corpus Juris Canonici. Name and idea of ​​this Corpus Corpus Juris Civilis run parallel to, a collection of Roman law.

Swell

Gratian's sources were the Roman law, the Bible, Decretals ( papal letters ), conciliar and synodal and elder law collections. The preparation of his Decretum had a signaling effect: As of this time the canon law at the law school of Bologna has been scientifically taught and edited.

It has sometimes been claimed that Gratian had Burchard of Worms ( Decretorum Libri XX, Ex officina Melchioris Nouesiani, Coloniae 1548 ) is not used. This assertion is not true. While other law collections were much more systematic use by Gratian, but does the name Burchards even twice before Decretum: Both times D.73 c.1. Freisen proves even that Gratian one used by Burchard, probably adulterated, takes place in his decree and corrects them: C.35 and C.35 Q.4 Q.5 c.1 c.1 - at Burchard Bur. 7.10 ( ref: Freisen, pp. 16, 417, 421).

One very important source is the so-called collection in three books, one has only survived in two manuscripts collection ( Biblioteca Apostolica Vaticana, Vat lat 3831, and Pistoia, Capitolare Archivio del Duomo, C 109 ) the main influence on the second redaction of the Decretum Gratian has.

Formation

Gratian taught law or canon law in Bologna. The study of this subject it could make sense to have a corpus Iuris comparable standard work for the Canon Law: The birth of the Decretum.

Effect

Gratian himself called his work Concordia discordantium Canonum (Latin accordance conflicting rules ) and represents a not strictly systematic, drawn up by the scholastic method guide of canon law until the second Lateran Council of 1139 dar. The name says it all: Gratian tried seemingly contradictory canons together to harmonize he discusses different opinions and opts for a solution. This dialectical way of working made ​​it for other teachers of law interesting to work with the decree and to develop their own solutions and comments. Gratian developed general theorems ( Distinctiones ) formulated fictitious legal cases ( causae ) formed, legal issues ( quaestiones ) and presented in dicta ( paragraphi ) harmonized contradictions. These comments were first - as well as in the legistics - written in the form of glosses. Printed editions of the 16th or 17th century are very often edited with glosses. Collections of glosses called glosses apparatus or Lectura in Decretum (see also glossators ). Systematic reviews are called sums. Very soon some of these sums were to decree in circulation and obtained comparable fame. Early commentators were Paucapalea (before 1148 ) and Master Rolandus, the man - probably by mistake - with Pope Alexander III. (1159-1181) identified.

Probably the most important commentators were Rufinus of Bologna ( † before 1192 ) and Huguccio († 1210). Less well known, perhaps because overlaid by the weightier work Huguccios and Rufinus, was that of Simon of Bisignano. His work consists of glosses to the decree and the Summa Simonis.

One of the important effects of the Decree of Gratian was the fact that the early church prohibition of interest in the medieval church found general use.

Output

• Decretum immersive Concordia discordantium canonum. Critical Edition by Emil Friedberg, Leipzig 1879-1881 ( = Corpus Iuris Canonici, 1 ), Repr Graz 1959
• Timothy Reuter, Gabriel Silagi: word concordance to the Decretum of Gratian. ( Monumenta Historica Germaniae, Aids 10). 5 volumes. Monumenta Historica Germaniae, Munich 1990, ISBN 3-88612-022-8.