History of Canon Law: Sources and Institutions (B-KUL-B0B10C)
Aims
This course aims to introduce the students to the history of the law of the Church from Antiquity till the entry into force of the Code of Canon Law of 1983, particularly from an external and ‘constitutional’ perspective. Topics will inter alia include the relationship between the ecclesiastical and the secular authorities, as well as the internal organization of the Church. Special attention will also be paid to the history of the sources of canon law. In the lectures, we will also actively study some sources (in translation).
Previous knowledge
No specific requirements, but some familiarity with the history of the Church is an added value. Knowledge of Latin is not a prerequisite, but it is definitely useful as it is the language of most primary sources on which the course is based.
Is included in these courses of study
- Master in het kerkelijk recht (Iuris Canonici Licentiatus) (Leuven) 120 ects.
- Master of Canon Law (Iuris Canonici Licentiatus) (Leuven) 120 ects.
- Postgraduaat consultor in het kerkelijk huwelijks- en procesrecht (Leuven) (Consultor kerkelijk huwelijks- en procesrecht) 60 ects.
Activities
3 ects. History of Canon Law: Sources and Institutions (B-KUL-B0B10a)
Content
The course consists of ten lectures. The following topics will be dealt with.
- Lecture 1: The earliest origins of canon law: the Apostles’ Council, the Didascalia apostolorum, the exsequatur-procedure, and caesaropapism in Constantinople.
- Lecture 2: The Carolingian capitularia, the Reichskirche, the Investiture Controversy and the earliest compilations of canon law (Burchard of Worms, Ivo of Chartres, ...).
- Lecture 3: The Decree of Gratian and the erection of universities in the twelfth century: the Bolognese ‘decretistic’.
- Lecture 4: The growing importance of papal legislation (‘decretals’) and the first compilations of pontifical law + their interpretation by the ‘decretalists’.
- Lecture 5: The development of ‘rules of law’ (regulae iuris), especially the regulae iuris by pope Boniface VIII (1298) + Conciliarism vs. papism (inter alia the councils of Konstanz and Basel).
- Lecture 6: The Reformation and canon law.
- Lecture 7: The Council of Trent, the post-Tridentine papal decretals, and their reception in the Low Countries.
- Lecture 8: Zeger Bernard van Espen: jansenism and gallicanism.
- Lecture 9: Codification of canon law (1): the First Vatican Council and the Pio-Benedictine Code of 1917.
- Lecture 10: Codification of canon law (2): the Second Vatican Council and the drafting of the Codex Iuris Canonici of 1983.
Minor modifications to this program are possible. Alterations will be communicated during the lectures and via the Toledo platform.
Course material
The course material consists of:
- powerpoint-presentations;
- some selected passages (in translation) of historical sources of canon law;
- some scientific articles on the themes dealt with in class.
The course material will be made available via the Toledo-platform.
Format: more information
The course consists of ten lectures of two hours. Students will be asked to read certain texts prior to the lecture in order to create more opportunities for interaction and in order to improve the students' active attitude.
Evaluation
Evaluation: History of Canon Law: Sources and Institutions (B-KUL-B2B10c)
Explanation
More information on the written exam (two hours) will be given during the classes.