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Title: Law and monasticism in Gratian's Decretum
Author: Baker, Travis
ISNI:       0000 0004 6497 7400
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2017
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This thesis takes part in what some scholars have called a 'mini revolution.' Since Anders Winroth first announced in 1996 his startling discovery of what he calls the first recension of Gratian's Concordia discordantium canonum, commonly known as the Decretum, numerous articles have appeared examining some portion of the Decretum in light of Winroth's findings. But as productive as this 'mini revolution' has been, much work remains to be done. One such area ripe for investigation is Causae 16 to 20, where Gratian examines the extent to which the monastic order was subject to episcopal authority. Although a number of individual canons and Quaestiones have received competent scholarly attention, there exists no systematic study of Causae 16 to 20, whether of the first or second recension. My thesis then provides the first detailed examination of the composition and substance of the first recension of this portion of the Decretum. It consists of two chapters and a critical edition of the first recension of Causae 16 to 20, which is found in Appendix 1. Chapter one examines the process by which Gratian organized and constructed these Causae. It argues that Gratian composed the bulk of these Causae around the 3L, the Tripartita and Anselm's Collectio canonum. For C.16, the 3L served as the inspiration for all but one of the seven questions, while the Tripartita served as the starting point for Causae 17 and 20. The inspiration and making of C.18 came from the Tripartita and the 3L. While Anselm's Collectio canonum served as the starting point for C.19. Chapter two explores in detail the substance of Causae 16 to 20. It argues that as a whole these Causae reveal Gratian to be 'pro-monastic' in outlook, that is, his views on individual topics favour monks more often than not. It argues that this can be seen not only in the views which he held, but also in how he arrived at his conclusions. This chapter also argues that such an outlook did not mean that Gratian thought that monks and monasteries should always be free from episcopal control or that bishops had no positive role to play in the life of monks and monasteries.
Supervisor: Brand, Paul Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available