The early Common Law and the Canon Law

Research Project

Project/Area Number	22530011
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	Kyushu University
Principal Investigator	NAOE Shinichi 九州大学, 大学院・法学研究院, 教授 (10125619)
Project Period (FY)	2010 – 2012
Project Status	Completed (Fiscal Year 2012)
Budget Amount *help	¥4,160,000 (Direct Cost: ¥3,200,000、Indirect Cost: ¥960,000) Fiscal Year 2012: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000) Fiscal Year 2011: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2010: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Keywords	コモン / ロー / 教会法学 / コモン・ロー
Research Abstract	Analyzing MSS of a decretal letter of 1177, by which a glossator Magister Vacarius was appointed as a papal judge delegate, made clear that this letter meant the turning point in the history of the canon law about the formation of marriage from consensusto consensus andconcubitus. This seems to be an application of the canon law of marriage to an English case, however, we should rather see here the canon law being formed as a result of concrete lawsuits.