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Study Of The Medieval Church Of Jurisdiction

Posted on:2003-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:C L HuangFull Text:PDF
GTID:2206360065456913Subject:Legal history
Abstract/Summary:PDF Full Text Request
In medieval, no matter the historical affairs are important or not, they are always relative to the religion, and whether social stratum are respective or homble, they are relative to the Church. The effect of the jurisdiction of the Church to medieval is unquestionable, so that the jurisdiction of the Church was the attacted target of every great European revolution. However, nobody holds systematical study to cover this domain which wealthy to be deliberated, And this article is going to take up the task. For the limit of material, the discuss is focus on medieval, till 1730s religjonal reform which was incurred by the marriage of Henry.The jurisdiction of the Church, in general, including the competence of three facets: legislation, administration and judicature, which are supplementing each other. The administrative organization were merged into one, and the conducts of administration are always that of judicature. Therefore, though the focus of the article is to deliberate the judicial jurisdiction of the Church, its analyzing the whole jurisdiction of the church. Its known to all that the church isnt the only authority system in medieval, the parallel expanding and reducing with the development of parallel jurisdicion, so that the article sets off along with the track of the parallel jurisdiction.The article is mainly comprise four sections.The first section elaborates the bases of both theory and reality on which the jurisdiction of the Church counted. This section including two subsection:1, the theoretical basis; the Bibles metaphor and the theory of two swords, 2, the real basis: religions punishment and the efficacy of the Churchs court.The second section inspects the macroscopic functioning of the jurisdiction of the church.This section begins with the principls held by the church while it's jurisdition was functioning, and manifesting the scale of jurisdiction that the Church claimed and the possibilities to achieve what was claimed, The relationship between the two systems of jurisdiction are discussed in the section, This section comprise 2 subsections:1, the Church's claims and the realities, 2, the relationship between two systems of jurisdiction.The third section dwelt on the macrocosmic functioning of the Church'sjurisdictio. This section cut in from specific cases, to elaborate the development of the Church's jurisdiction at the fierce spots that incurred by the conflicts of the two jurisdictions. This section comprise 5 subsections:1, the Church's jurisdiction in the Roman Empire and the Franck Empire; 2,authority of law; 3, Constitutions of Clarendon; 4, the prohibitions and the conflicts of the prohibitions; 5, the power of saint provition and the statute of provisors.The fourth sections discusses the effect of the Church's jurisdiction. This section cut in from specific cases, to elaborate the development of the Church's jurisdiction at the fierce spots that incurred ny the conflicts of the two jurisdictions. This section comprise 5 subsections; 1, the Church's jurisdiction in the Roman Empire and the Franck Empire; 2, the authority of law; 3, Constitutions of Clarendon; 4, the prohibitions and the conflicts of the Prohibitions; 5, the power of saint provition and the statute of provisors.The fourth sections discusses the effect of the Church's jurisdiction. On the basis of the Church's jurisdiction, the science of law came up to lots of subjective legal branchs, almost each of which held a safe lead in its realm. The exsistence of the Church's jurisdiction led to the social institution which could stand die parallel and limited competence. The institution not only made the systematization of law possible and necessary, but also brought the transdition-put necessary limitation to the authorities-to the later ages.
Keywords/Search Tags:Jurisdiction
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