Canon Service Mode Tool Version 1.050 💥
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Canon Service Mode Tool Version 1.050
In recent years, work has been carried out on projects that are of special relevance for the interpretation of canon law. Theses by Schroeder, Li, and Schenk were produced under the auspices of the DFG, and have been published in their entirety (Schroeder, Li, Schein; Vorbild, Weis: Investigating Textual and Formal Features of Injunctionary Systems in Early Modern Canon Law). In this context, we have also been involved in projects concerning the histories of the institutions of canon law and of institutions concerned with the promulgation of law. We have dealt with an exciting finding in Poggio’s register of promulgations in the MSPSC, a copy of which is currently stored at the cathedral of Pamplona. We have also been researching questions connected to the history of liturgies.
The first of these, The conciliation process: international diplomacy and the emancipation of Europeans, looks at how the Conciliation Act established a new type of international legal relations in which international law became a tool of equal competition, both in the organisation of the Conciliation Act itself and in its application. The second, The European Commission: making decisions between legal certainty and legal certainty, examines the reforms of the Commission created by the Lisbon Treaty, which removed some of the discretionary powers of the Commissioners and transferred them to the Court of Justice. This weakened the prerogative power of the Commission and raised questions about the effectiveness of the institutions of the Union. The third, The Conciliation Act in the making of European law: reconsidering the former General European Court, looks at the transformation of the Conciliation Act into a prerogative power of the Court of Justice, thus strengthening the prerogative power of the European Union. This project was presented at a conference in London in 2018 and presented again at the International Convention of Historical Sciences, Strasbourg in 2019.
The Research Field European Modernity deals with the project series on modernity which has its roots in the Journeys to Europe report (2014-2017), and was a project meant to characterise European modernity as a concept and to explore ‘original’ or ‘taken-for-granted’ modernity as an object of legal scholarship (see the reports of Bragagnolo, Arron Banks, Birr, Gironda, Spahn, and the contribution of John Masson Smith to this volume). This project has been carried out in four components: narrative analysis and qualitative description; canonical texts; soft data analysis; and research on institutions. This Project has been developed in close collaboration with the Research Group on Legal Historiography. In both cases we have used existing technical and methodological approaches for the analysis of narratives (see especially Moltes et al.), as well as for the analysis of historical legal materials (Pogies, Spahn).
As part of our research project «European Conciles sacramentorum», we will attempt to trace the development of new canon law from the twelfth century onwards. In particular, we will investigate whether the liturgical and theological transformations of the conciliar era have had an influence on canon law, how they have affected the nature of canon law (and, in particular, ecclesiastical liberty), and, most importantly, how this might influence the reform of canon law undertaken by councils of later centuries.
We are currently gathering oral histories, particularly from the famous University of Salamanca, of the most significant cases brought before the European Court of Justice in this period. Other studies of relevance include the involvement of the Spanish monarchs in imperial affairs during the period, as well as efforts to harmonise canon law. From the sixteenth century onwards, complex questions such as the defence of right to life and self-defence, seditious libel, and the protection of the family have played a very important role in the formation of European freedom of expression standards, and recent research is now beginning to unravel the historical origins and development of these.
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