Canon Law and the End of the Ordeal.
In 1215 the Fourth Lateran Council banned priestly involvement in the unilateral judicial ordeal, thus effectively bringing to an end the centuries-old practice of appealing to the judicium Dei as a means of resolving legal disputes. This article explores the reasons behind this seminal development...
| Publicado en: | Oxford Journal of Legal Studies Vol. 26; no. 3; pp. 473 - 514 |
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| Formato: | Artículo |
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Oxford University Press / USA
Autumn2006
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=22696511&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 22696511 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 01436503 BJ4 jtl: Oxford Journal of Legal Studies issn: 01436503 maglogo: N pubinfo: dt: Autumn2006 vid: 26 iid: 3 pid: 622 pub: Oxford University Press / USA artinfo: ui: 22696511 10.1093/ojls/gql015 ppf: 473 ppct: 41 formats: fmt: @attributes: type: P size: 301KB tig: atl: Canon Law and the End of the Ordeal. aug: au: McAuley, Finbarr affil: Jean Monnet Professor of European Criminal Justice, Institute of Criminology, UCD School of Law, University College, Dublin su: Canon law Ordeal Criminal procedure Legal history Practical theology Ecclesiastical law sug: subj: Canon law Ordeal Criminal procedure Legal history Practical theology Ecclesiastical law ab: In 1215 the Fourth Lateran Council banned priestly involvement in the unilateral judicial ordeal, thus effectively bringing to an end the centuries-old practice of appealing to the judicium Dei as a means of resolving legal disputes. This article explores the reasons behind this seminal development in Western legal history; its principal theme is that they are more complex than modern scholars have allowed. Detailed consideration is given to the canonico-theological criticisms specifically aimed at the ordeal by contemporary critics, as well as to the sweeping reforms of ecclesiastical criminal procedure initiated by Pope Innocent III in the closing years of the 12th century. It will be argued that although these factors contributed to the demise of the ordeal, they do not account for the decision to abandon it. When placed in its proper legislative context, it will be seen that that decision was a product of a long-standing campaign by Church reformers to secure the spiritual mission of the clergy by establishing a clear division of labour between the ecclesiastical order and the secular world. Finally, it will be argued that the ordeal was abandoned because Church reformers regarded it as irrational and, consequently, that the claim that it only came to be seen as irrational because it was abandoned, should be rejected. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: © 2019 Oxford University Press. item: Oxford Journal of Legal Studies holder: Oxford University Press / USA dt: @attributes: year: 2006 holdings: @attributes: islocal: N |
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