By Hubert Jedin
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Additional info for A History of the Council of Trent (Vol I): The Struggle for the Council
One way in which this rather fundamental ecclesio-political struggle manifested itself was in the various attempts to present the law of the church in a unified fashion. Before 1917, when the Catholic church issued the Code of Canon Law (revised in 1983), the law of the church was based on the corpus juris canonici and subsequent collections (the most significant addition being the Tridentine decrees). Before the Code was promulgated, church law was still in some ways similar to a common law system in that ultimately the relevant tribunal would have to resolve differences between conflicting practices and decisions.
Ludwig. T Spittler, Geschichte des kanonischen Rechts, bis auf die Zeiten des falschen Isidorus (Halle: 1778), iii. 22 His principle work, Jus Ecclesiasticum Universum (1700), broke new ground on several fronts. Van Espen’s organization of the church law may rightly be seen as the confluence of two major strains of canon-law scholarship. 23 Of lasting significance was the way in which van Espen opened up the question of 22 23 “revolution of ideas” for German Catholics. Raab, Die Concordata Nationis Germanicae in der kanonischen Diskussion des 17.
Bis 19. Jahrhunderts. Ein Beitrag zur Geschichte der episkopalischen Theorie in Deutschland (Wiesbaden: Franz Steiner, 1956), 132. The seminal treatments are Donald Kelley, Foundations of Modern Historical Scholarship: Language, Law, and History in the French Renaissance (New York: Columbia University Press, 1970) and J. G. A. Pocock, The Ancient Constitution and the Feudal Law. A Study of English Historical Thought in the Seventeenth Century. A Reissue with a Retrospect (Cambridge: Cambridge University Press, 1987 ).
A History of the Council of Trent (Vol I): The Struggle for the Council by Hubert Jedin