Earticle

초록

영어

Excommunicates' loss of legal rights in the medieval canon law had its origin in Roman infamy. Roman emperors in the late empire legalized the loss of legal rights against infames who were defamed due to their undesirable behaviors. In the beginning, infamy was accepted in canon law for the protection of priests from the destructive and trivial criminal sues against them. Pseudo-Isidore decretal collection rendered all the excommunicates as infames, so that it attempted to take off the legal rights from them. It was Decretum Gratiani which systematically legalized the loss of legal rights against excommunicates, analyzing that of infamy in Roma law. Gratian considered that the plaintiffs should be equal with the defendants in moral purity. On the other hand, he admitted an exceptional case that the excommunicated could accuse enormous wickedness just like heresy and sacrilege to the criminal court. Even though the dignity of Deretum Gratiani was in the highest position, it caused a polemical controversy among the canonists. In the subjects of strong controversy there was 'exception' which could be suggested to the judge in the court. Its purpose was not only to report that plaintiff was in the state of excommunication, but also to take off his legal rights in the court. Temporally there was an inclination to mitigate the burden of plaintiff to be suspected as excommunicate under the reign of pope Innocent IV. Nevertheless, the mitigation was criticized by strong conservative canonists like Hostiensis who was very close adviser to Innocent IV. Through thirteenth century excommunicates' loss of legal rights became to be hardened. Main reason of this situation could be found in the wide spread of heresy in the century.

목차

I. 머리말
 Ⅱ. 로마법적 기원
 Ⅲ. 파문된 자의 법정 고발권 박탈
 Ⅳ. 파문 이의신청(exceptio)
 V. 맺는 말
 

키워드

저자

• 장준철 [ Chun-Chul CHANG | 원광대학교 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  서양중세사연구 [Journal of Western Medieval History]

• 간기

  반년간

• pISSN

  1229-4454

• 수록기간

  1996~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 920 DDC 940