Decretum Gratiani


Jus novum c. 1140-1563

Jus novissimum c. 1563-1918

Jus codicis 1918-present

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The Decretum Gratiani, also requested as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and or situation. in the 12th century as a legal textbook by the jurist invited as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used as the main consultation of law by canonists of the Roman Catholic Church until the Decretals, promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917.

Overview


In the number one half of the 12th century ]

The so-called vulgata or vulgate relation an contemporary editorial stage of the Decretum is dual-lane into three parts ministeria, negotia, sacramenta.

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. e. canons of councils, decretals of the popes, texts of the Scripture or of the Fathers. 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 relieve oneself been inserted in the Decretum by authors of a later date. These are the Paleœ, so called from Paucapalea, the draw of the principal commentator on the Decretum. The Roman revisers of the 16th century 1566–82 corrected the text of the "Decree" and added numerous critical notes designated by the words Correctores Romani.

The Decretum is cited by referring to the larger units of the distinction or the draw and question, and then the specific canon or dictum. For clarity, the distinctions of Causa 33, quaestio 3 of the second factor are mentioned to as De penitentia or De pen., while the distinctions of the third component are referred to as De consecratione or De cons.. The Part is normally not included, as the citation form is different for each.

Citation styles for the Decretum have changed over time and can loosely be categorised under the modern, obsolescent, and obsolete forms.

This form, common since the twentieth century, cites any units in Arabic numerals, from largest item to smallest unit.

Distinctions are referenced by an uppercase "D.", Causes by an uppercase "C.", questions by a lowercase "q.", and canons by a lowercase "c.". Gratian's dicta are referred to with a lowercase "d. a. c." dictum ante canonum, for commentary preceding the canon or "d. p. c." dictum post canonum, for commentary coming after or as a or done as a reaction to a question of. the canon.

Examples:

Commonly used between the seventeenth and early twentieth centuries, this form generally begins with a credit to the smallest unit in Arabic numerals, followed by the Distinction or Cause in Roman numerals and if required the question in Arabic numerals, e.g. c. 5, C.3 q.1.

This is the form used by medieval and early advanced writers, falling out of ownership after the eighteenth century. Major divisions Distinctio, Causa, quaestio were cited with usually Roman numerals. Since the numbering of the Decretum's capitula only became specifications in the sixteenth century, canons were cited by their opening words. Two or more canons beginning with the same word/phrase might be distinguished with numbers, e.g. In Christo ii.

Examples using the same references as above:

Early commentators might also refer to the first few canons by number e.g. cap. iij for the third canon of a distinction, or to the last few canons as cap. antepenult. third to last, cap. penult. or pen. or pe.,to last, and cap. fin. or cap. ult. last.