2012 Fiscal Year Final Research Report
The early Common Law and the Canon Law
| Project/Area Number |
22530011
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Kyushu University |
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Principal Investigator |
NAOE Shinichi 九州大学, 大学院・法学研究院, 教授 (10125619)
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| Project Period (FY) |
2010 – 2012
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| Keywords | コモン / ロー / 教会法学 |
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| 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.
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