71 research outputs found

    Contribución al estudio de la ley en la doctrina canónica del siglo XII

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    Combining autocracy and majority voting: the canonical succession rules of the Latin Church

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    The autocratic turn of the Latin Church in the XI-XIII century, a reaction to the secular power interferences, concentrated the decision-making power in the hands of the top hierarchy, and finally in the hands of the pope. A fundamental step was the change and the constitutionalisation of the procedures for leadership replacement, which were open successions where the contest for power was governed by elections. The autocratic reform limited the active electorate to the clergy only and gradually substituted the episcopal elections by the pope’s direct appointment. Besides, the voting rules changed from unanimity to the dual principle of maioritas et sanioritas (where the majority was identified with the greater part by number and wisdom) and finally to the numerical rule of qualified majority. This evolution aimed at preserving the elections from external interferences and at eliminating the elements of arbitrariness. The most important succession, the papal election, was protected by institutionalising a selectorate and its decision-making rules. The selectorate and the elections did not insert accountability and representation mechanisms but only protected the quality of the autocratic leadership and its autonomy

    The Churches' Bans on Consanguineous Marriages, Kin-Networks and Democracy

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    This paper highlights the role of kin-networks for the functioning of modern societies: countries with strong extended families as characterized by a high level of cousin marriages exhibit a weak rule of law and are more likely autocratic. To assess causality, I exploit a quasi-natural experiment. In the early medieval ages the Church started to prohibit kin-marriages. Using the variation in the duration and extent of the Eastern and Western Churches' bans on consanguineous marriages as instrumental variables, reveals highly significant point estimates of the percentage of cousin marriage on an index of democracy. An additional novel instrument, cousin-terms, strengthens this point: the estimates are very similar and do not rest on the European experience alone. Exploiting within country variation of cousin marriages in Italy, as well as within variation of a 'societal marriage pressure' indicator for a larger set of countries support these results. These findings point to a causal effect of marriage patterns on the proper functioning of formal institutions and democracy. The study further suggests that the Churches' marriage rules - by destroying extended kin-groups - led Europe on its special path of institutional and democratic development

    A propos de la preuve dans le droit canonique m\ue9di\ue9val

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    La Souverainete Au Moyen-Age

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    Aspects de la primauté romaine

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