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E-book: Conciliarism and Church Law in the Fifteenth Century: Studies on Franciscus Zabarella and the Council of Constance

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Crises are never the best of times and the era of the Great Western Schism (1378-1417) easily qualifies as one of the worst of times. As a professor of canon law at the University of Padua and later cardinal, and as a major theorist in the conciliarist movement, Franciscus Zabarella (1360-1417) tried to do what a good legal mind does: find and explicate a viable and legal solution to the crises of his time, a solution that would stand up in his own era and for the generations that followed. In this volume Thomas Morrissey looks at what he said, wrote and did, and places him and his thought in the context of the late medieval and early modern era, how he reflected that world and how he influenced it. Particular studies elucidate what he wrote on the authority and on the duty of the people in power, what they could do and should do, as well as what they should not do. They also show how he explored the area of early constitution law and human rights in civil and religious society and that his work leads down the road to our modern constitutional democratic societies. The volume includes two previously unpublished studies, on the situation in Padua c. 1400 and on a sermon from 1407, together with an introduction contextualizing the articles.

Reviews

"Morrisseys studies provide an excellent account of Zabarella as both a man of thought and a man of action, a friend of humanists, and above all a consummate jurist. The author also nicely illustrates Zabarellas practical realism by editing and translating a little handbook of advice that the great canonist wrote for the university teachers and students of his age. Most of it would apply just as well to their present-day counterparts." - Catholic Historical Review

"Morriseys articles are an indispensable resource for studying the Conciliar Movement. So this is a book for libraries of law, history and theology, and one that scholars working on the history and theory of conciliarism will need to use." - Paul Avis, University of Exeter

Acknowledgements viii
Introduction ix
Nicholas of Cusa and Zabarella
I Cardinal Zabarella and Nicholas of Cusa: from community authority to consent of the community
176
Mitteilungen und Forschungsbeitrage der Cusanus-Gesellschaft 17, 1986
II Ein unruhiges Leben. Franciscus Zabarella an der Universitat von Padua (1390--1410): the Welt, die Nikolaus von Kues vorfand
40
Mitteilungen und Forschungsbeitrage der Cusanus-Gesellschaft 24, 1998
III Ecce Sacerdos Magnus: On welcoming a new bishop. Three addresses for bishops of Padua by Franciscus Zabarella
16
Nicholas of Cusa on Christ and the Church. Essays in Memory of Chandler McCluskey Brooks for the American Cusanus Society [ Studies in the History of Christian Thought 71] eds G. Christianson and T.M. Izbicki. Leiden & New York: Brill, 1996, pp. 57--70
IV Canonists in crises ca. 1400--1450: Pisa, Constance, Basel
14(162)
Nicholas of Cusa and His Age: Intellect and Spirituality. Essays Dedicated to the Memory of F. Edward Kranz, Thomas P. McTighe and Charles Trinkaus [ Studies in the History of
Christian Thought 105] eds T.M. Izbicki and C.M. Bellitto. Leiden & Boston: Brill, 2002, pp. 63--75
Constance And Conciliarism
V The decree "Haec Sancta" and Cardinal Zabarella. His role in its formulation and interpretation
176(194)
Annuarium Historiae Conciliorum 10, 1978
VI Emperor-elect Sigismund, Cardinal Zabarella, and the Council of Constance
370
The Catholic Historical Review 69, 1983
VII The call for unity at the Council of Constance: sermons and addresses of Cardinal Zabarella, 1415--1417
318
Church History 53, 1984
VIII Cardinal Franciscus Zabarella (1360--1417) as a canonist and the crisis of his age: schism and the Council of Constance
208(39)
Zeitschrift fur Kirchengeschichte 96, 1985
IX "More easily and more securely": legal procedure and due process at the Council of Constance
247(503)
Popes, Teachers, and Canon Law in the Middle Ages. Festschrift for Brian Tierney, eds J.R Sweeney and S. Chodorow. Ithaca, NY: Cornell University Press, 1989
X Natural rights, natural law and the canonist: Franciscus Zabarella, 1360--1417
750
Proceedings of the Tenth International Congress of Medieval Canon Law. Syracuse, NY, 13--18 August 1996, eds K. Pennington, S. Chodorow and K.H. Kendall [ Monumenta Iuris Canonici, Series C: Subsidia vol. 11]. Vatican City: Biblioteca Apostolica Vaticana, 2001
XI Radicalism and restraint in a late medieval canonist
417
Proceedings of the Eleventh International Congress of Medieval Canon Law. Catania, 30 July--6 August 2000, eds M. Bellomo and O. Condorelli [ Monumenta Iuris Canonici, Series C: Subsidia, vol. 12]. Vatican City: Biblioteca Apostolica Vaticana, 2006
XII Reform at the Council of Constance in the view of a canonist and cardinal, Franciscus Zabarella
163
Iudex et Magister. Miscelanea en honor al Pbro. Nelson C. Dellaferrera, 2 vols, vol.1: Historia del Derecho. Buenos Aires: Pontificia Universidad Catolica Argentina, 2008
Zabarella
XIII Cardinal Zabarella on papal and episcopal authority
52(2)
Proceedings of the First Patristic, Medieval and Renaissance Conference, Villanova University, 1976, ed. G.F. Lytle. Washington DC: The Catholic University of America Press, 1976
XIV Franciscus Zabarella (1360--1417): papacy, community and limitations upon authority
54(20)
Reform and Authority in the Medieval and Reformation Church, ed. G.F. Lytle. Washington, DC: The Catholic University of America Press, 1981
XV The art of teaching and learning law: a late medieval tract
74
History of Universities 8, 1989
XVI Padua in crisis and transition around 1400
9(11)
Presented at the 19th International Congress of Historical Sciences held at Oslo, Norway, 8--13 August 2000 in Session sponsored by the International Commission on the History of Universities. First publication
XVII A sermon for the Feast of Saints Peter and Paul, June 29 1407: a mixed papalist response
20
Presented at Church, Law and Society in the Middle Ages. A Conference in Honor of Prof. Dr. Dr. h.c. mult. Peter Landau at Millersville University of Pennsylvania, January 29--30,
2010. First publication
Index 8
Thomas E. Morrissey is Distinguished Teaching Professor in the History Department at SUNY Fredonia, USA.