Felix and Nabor. The work appeared in the earliest manuscripts under the title of Concordia discordantium canonum. It is one of the most important canonical collections in the history of Canon Law, despite the fact that it was never officially adopted as an "authentic" source of Canon Law by papal authority see corpus iuris canonici. The Decretum is a vast compilation that includes about 4, capitula and is divided into three parts.
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Overview[ edit ] Around Gratian , teacher of theology at the monastery of Saints Nabor and Felix and sometimes believed to have been a Camaldolese monk,  composed the work he called Concordia discordantium canonum, and others titled Nova collectio, Decreta, Corpus juris canonici, or the more commonly accepted name, Decretum Gratiani. He did this to obviate the difficulties which beset the study of practical, external theology theologia practica externa , i.
In spite of its great reputation and wide diffusion, the Decretum has never been recognized by the Church as an official collection. The first part is divided into distinctions distinctiones , the first 20 of which form an introduction to the general principles of canon Law tractatus decretalium ; the remainder constitutes a tractatus ordinandorum, relative to ecclesiastical persons and function.
The third part, entitled "De consecratione", treats of the sacraments and other sacred things and contains 5 distinctions. Each distinction or question contains dicta Gratiani, or maxims of Gratian, and canones.
Gratian himself raises questions and brings forward difficulties, which he answers by quoting auctoritates, i. These are the canones; the entire remaining portion, even the summaries of the canons and the chronological indications, are called the maxims or dicta Gratiani. Many auctoritates have been inserted in the "Decretum" by authors of a later date.
The Roman revisers of the 16th century —82 corrected the text of the "Decree" and added many critical notes designated by the words Correctores Romani. The Decretum is quoted by indicating the number of the canon and that of the distinction or of the cause and the question.
For instance, "c. XI" indicates the first part of the "Decree". VI," refers to the second part, 33rd cause, question 3, distinction VI, canon 1; "c. II" refers to the third part, distinction II, canon 8; "c. XII, q. Sometimes, especially in the case of well-known and much-quoted canons, the first words are also indicated, e.
Si quis suadente diabolo, C. XVII, q. Occasionally the first words alone are quoted. In both cases, to find the canon it is necessary to consult the alphabetical tables printed in all editions of Gratian that contain the first words of every canon. He flourished in the mid 12th century. Little else is known about him. For a long time he was believed to have been born at the end of the 11th century, at Chiusi in Tuscany. He was said to have become a monk at Camaldoli and then he taught at the monastery of St.
Felix in Bologna and devoted his life to studying canon law, but contemporary scholarship does not attach credibility to these traditions. Gratian quoted a great number of authorities, including the Bible , papal and conciliar legislation, church fathers such as Augustine of Hippo , and secular law in his efforts to reconcile the canons. Raymond of Penyafort. The Decretum quickly became the standard textbook for students of canon law throughout Europe, but it never received any formal official recognition by the papacy.
Only the Codex Juris Canonici of put it out of use. There are several major differences between the two recensions: The first recension is a more coherent and analytical work. The second recension places a much greater emphasis on papal primacy and power. The second recension includes Roman law extracts taken directly from the Corpus Juris Civilis, whereas the first recension does not demonstrate substantial familiarity with Roman jurisprudence. These differences led Winroth to conclude that Roman law was not as far developed by as scholars had previously thought.
He has also argued that the second recension was due not to the original author of the first recension whom he calls Gratian 1 , but rather another jurist versed in Roman law. One of these is the manuscript St. In most cases, Gratian did not obtain this material from a direct reading of the sources, but rather through intermediate collections. This dialectical approach allowed for other law professors to work with the Decretum and to develop their own solutions and commentaries.
These legalists are known as the decretists. Editions printed in the 15th, 16th or 17th centuries frequently included the glosses along with the text.
Collections of glosses were called "gloss apparatus" or Lectura in Decretum see also glossator. Systematic commentaries were called Summae. Some of these Summae were soon in circulation as well and obtained the same level of fame as the Decretum itself. Early commentators included Paucapalea and Magister Rolandus. The most important commentators were probably Rufin of Bologna died before and Huguccio died Less well-known was the commentary of Simon of Bisignano , which consisted of the Glosses on the Decretum and the Summa Simonis.
Specific concepts included consent for marriage, and wrongful intent in determining whether a certain act constituted a crime. Robert Appleton Co. New York , Accessed 19 Sept. XI 9th ed.
Decreto de Graciano
Visida The Editors of Encyclopaedia Britannica. As a general rule his commentary underlines the particular features of the various opinions presented and draws the conclusion to which they lead. Some of the text has been enclosed between a minus and a plus sign to denote concordja. The paleae discordzntium the Decretum probably came from these collections. This page was last edited on 16 Octoberat Baroque period to French Revolution. In most cases, Gratian did not obtain this material from a direct reading of the sources, but rather through intermediate collections. Paris — 50 6.
CONCORDIA DISCORDANTIUM CANONUM PDF
Il est le fondateur vrai de la science de loi du canon. Around the year , Gratian, an Italian benedictine monk from the first half of the 12th century, produced a systematic collection of canons "Concordantia discordantium canonum", later called "Decretum". A common opinion places its completion in Recent research, however, points to , or to a date nearer thereto than to The work consists of three parts, the first and last of which are divided into "distinctiones" and "canones" or "capitula" , whereas the second part contains "causae", divided into "quaestiones" and "canones" or "capitula".
Arashilkree Concordia discordantium canonum — Google Books The auctoritates or groups of auctoritates are likewise connected by means of commentaries dictawhich vary in length. Most of the fragments of the Corpus iuris civilis inserted in the Decretum possess the four essential features of the paleae, even though the indication palea is often replaced by the word lex. The work is not just a collection of texts but also a treatise attempting to resolve the apparent contradictions and discordances in the rules accumulated from different sources. The Decretum Gratianialso known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretumis a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian.