Die Legitimierung nichtehelicher Kinder als Testfall für die Kompetenzen des römisch-deutschen Königs im späten 13. Jahrhundert
Legitimizing Illegitimate Children as a Test Case for the Competencies of the Roman German King in the Late Thirteenth Century. The article analyzes the arguments which a hence to now unknown quaestio. An valeat privilegium raised in favor of the competence of the elected and crowned king of the Rom...
| Main Author: | |
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| Format: | Print Article |
| Language: | German |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
De Gruyter
2018
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| In: |
Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung
Year: 2018, Volume: 104, Pages: 72-150 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Legitimation
B Law B History B Child |
| Summary: | Legitimizing Illegitimate Children as a Test Case for the Competencies of the Roman German King in the Late Thirteenth Century. The article analyzes the arguments which a hence to now unknown quaestio. An valeat privilegium raised in favor of the competence of the elected and crowned king of the Romans who has not yet been anointed as emperor by the Pope. Especially the question, whether already the king has the competence to legitimate bastard children was the test case for the author, doctor utriusque iuris Johannes, possibly as it will be argued here, to be identified with Johannes de Angusellis. This text illuminates the line of arguments raised in the university circles around 1300 and demonstrates as well, which practical constitutional questions the jurists involved in such disputes had in mind. The content and style of argument of this quaestio is confronted with a quaestio discussed by Cino da Pistoia, on the same legal issues, coming to almost the same conclusions, but arguing firmly in the scholastic tradition and using mainly proof from Roman law. Both quaestiones are edited in appendices to this article. They represent central contributions to the history of ideas by pro-imperial jurists who paved the theoretical ground for the German prince electors' Rhense declaration (1338) and the "Golden Bull" (1356). Both of these constitutional documents were certainly influenced by Lupold of Bebenburg who also authored an extensive "Tractatus de iuribus regni et imperii" (1339), which summed up and refined earlier theoretical strands of arguments on the classical sedes materiae of canon and civil law, to which Lupold added constitutional custom as another source of law to develop his arguments |
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| ISSN: | 0323-4142 |
| Contains: | Enthalten in: Savigny-Stiftung, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung
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