Stephan Kuttner - Gratian and the Schools of Law, 1140-1234: Second Edition

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Stephan Kuttner, edited by Peter Landau

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Second Edition

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in: Speculum 24 (Cambridge, Mass. 1949)

in: Studia Gratiana 1 (Rome 1953)

in: Zeitschrift der Savigny-Stiftung fr Rechtsgeschichte, Kan. Abt. 23 (Weimar 1934)

in: Seminar: An annual extraordinary number of The Jurist 11 (Washington, D.C. 1953)

in: Seminar: An annual extraordinary number of The Jurist 12 (Washington, D.C. 1954)

in: Studia et documenta historiae et iuris 4 (Rome 1938)

in: Traditio 1 (New York 1943)

in collaboration with Eleanor Rathbone in: Traditio 7 (New York 194951)

in: Mlanges Joseph de Ghellinck, S.J., II (Gembloux 1951)

in: Festschrift fr Martin Wolff, ed. E. von Caemmerer et al. (Tbingen 1952)

For this volume ten essays were selected in which I have dealt with the growth of canon law as a learned discipline during the nearly one hundred years that preceded the official publication by Pope Gregory IX in 1234 of the Book of Decretals the period one may well call the Century of Gratian. Admittedly, we possess little verifiable information on his period, and there remain many problems to solve on the genesis of his work. But it is a matter of record that the Concordia discordantium canonum of the elusive Magister marked a turning point in the history of canon law: it became the text on which formal teaching of the decreta began at Bologna in the 1140s, soon to spread to other centers of learning in the European West.

The papers here presented do not deal with the substance of Gratians doctrines or with those of the masters in the schools, but rather with literary and academic history; they discuss such matters as the methods and the transmission of canonistic writing and lecturing. I have excluded some early papers of which the main contents were later absorbed in others here republished; I have also excluded short notes on individual texts or manuscripts which over the years have regularly appeared in the Bulletin of the Institute of Medieval Canon Law, first published as an annual appendix to Traditio (195570), and since 1971 as an independent New Series in Berkeley.

It is a measure of the great strides taken by research in the glossators of canon law since the end of the Second World War that some of the major essays in this volume stand in need of considerable revision, of new manuscript information, and other addenda. Therefore the Retractationes, which, as on previous occasions, I have appended to the papers here republished, occupy many more pages than in earlier volumes.

I wish to express my sincere thanks for permission to reprint these essays to the editors and publishers of the periodicals where most of these essays (Nos. IVIII) first appeared, as well as to the publishing houses of J. Duculot, S.A. (Gembloux, for No. IX) and J.C.B. Mohr/Paul Siebeck (Tbingen, for No. X). I wish to thank my granddaughter Ann Kuttner, M.A., and Fred Paxton, M.A., for their assistance in making the indices of the volume. I owe particular gratitude to my friend, Professor Stanley Chodorow (University of California, San Diego) who again, as twice before in this series, generously shouldered the burden of programming the computer for typesetting the front matter, the Retractationes, and the indices, with all the attendant labor of repeated proofreading and incorporating a tiresome authors alterations.

There is one word of thanks which, alas, must remain unsaid. Eleanor Rathbone, co-author of the eighty-page essay on Anglo-Norman canonists, would always gladly have given her permission to reprint it here (No. VIII) with additions and corrections. The gentle, immensely learned, and unpretentious lady died in London on 15 November 1979 at the age of seventy-five. She will always be fondly remembered by all students of the intellectual history of the Middle Ages who crossed her path in England, the United States, and the reading rooms of the worlds great libraries.

I dedicate this volume
To the memory of Eleanor Rathbone (19041979)