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    <front>
        <journal-meta>
            <journal-id>TMR</journal-id>
            <journal-title-group>
                <journal-title>The Medieval Review</journal-title>
            </journal-title-group>
            <issn pub-type="epub">1096-746X</issn>
            <publisher>
                <publisher-name>Indiana University</publisher-name>
            </publisher>
        </journal-meta>
        <article-meta>
            <article-id pub-id-type="publisher-id">23.03.07</article-id>
            <title-group>
                <article-title>23.03.07, d'Avray, Papal Jurisprudence, 385–1234</article-title>
            </title-group>
            <contrib-group>
                <contrib contrib-type="author">
                    <name>
                        <surname>Atria A. Larson</surname>
                        <given-names/>
                    </name>
                    <aff>Saint Louis University</aff>
                    <address>
                        <email>atria.larson@slu.edu</email>
                    </address>
                </contrib>
            </contrib-group>
            <pub-date publication-format="epub" date-type="pub" iso-8601-date="2022">
                <year>2023</year>
            </pub-date>
            <product product-type="book">
                <person-group>
                    <name>
                        <surname>d'Avray, D.L</surname>
                        <given-names/>
                    </name>
                </person-group>
                <source>Papal Jurisprudence, 385–1234: Social Origins and Medieval Reception of Canon Law</source>
                <series></series>
                <year iso-8601-date="2022">2022</year>
                <publisher-loc>Cambridge, UK</publisher-loc>
                <publisher-name>Cambridge University Press </publisher-name>
                <page-range>Pp. xi, 320</page-range>
                <price>$99.99 (hardback)</price>
                <isbn>978-1-108-47300-2 (hardback)</isbn>
            </product>
            <permissions>
                <copyright-statement>Copyright 2023 Trustees of Indiana University. Indiana University provides the information contained in this file for non-commercial, personal, or research use only. All other use, including but not limited to commercial or scholarly reproductions, redistribution, publication or transmission, whether by electronic means or otherwise, without prior written permission of the copyright holder is strictly prohibited.</copyright-statement>
            </permissions>
        </article-meta>
    </front>
    <body>
        <p>D. L. d’Avray continues to be an immensely productive scholar who stretches himself and
            his readers thematically, theoretically, and chronologically. With this latest book,
            d’Avray applies his wide-ranging read of theory to canon law and challenges the temporal
            limits within which a medievalist typically operates. Those familiar with his corpus on
            sermons and preaching, marriage, and his <italic>Medieval Religious Rationalities: A
                Weberian Analysis</italic> (Cambridge: Cambridge University Press, 2010) may be
            surprised by his legal turn in recent years (starting, perhaps, with his study of the
            papacy and dissolution of royal marriages), and yet his previous studies and analyses
            support a fresh and learned approach to the content of papal decretals, the phenomenon
            of two main “decretal ages,” and the development of the canon law tradition. </p>
        
        <p>If you think you know what a book about papal decretals is going to be like, think again.
            This is not a standard accounting of popes and recipients, textual reception, and early
            medieval or later canonical collections. Rather, it constitutes a theoretical framework
            and explanation for <italic>why</italic> the Latin church has witnessed two distinct
            decretal ages, one in the late fourth-fifth centuries and one in the late
            twelfth-thirteenth centuries, and <italic>how</italic> the two ages are connected. At
            the same time, the study rests in part on the same kind of textual analysis and
            manuscript research that one would expect from a study of papal letters. The particular
            strength (and boldness) of the book, then, results from this combination of careful
            textual analysis with an overarching interpretation of, as the subtitle puts it, the
            “social origins and medieval reception” of these texts of papal jurisprudence that came
            to be so influential in the canon law tradition.</p>
        
        <p>One cannot discuss this book without mentioning its source-focused companion volume. As
            with his <italic>Papacy, Monarchy, and Marriage, 860-1600</italic>, published in 2015
            with a corresponding source volume, <italic>Dissolving Royal Marriages: A Documentary
                History, 860-1600</italic> (2014), so too in this case d’Avray has written a work
            largely on the basis of the source material studied, edited, and translated in a
            separate volume. In this case, that volume is <italic>Papal Jurisprudence c.400: Sources
                of the Canon Law Tradition</italic> (Cambridge, 2019). Throughout this volume, that
            other volume of sources is referred to as <italic>PJc.400</italic> and appears
            ubiquitously in the text and footnotes. Any library or scholar wanting to purchase
                <italic>Papal Jurisprudence, 385-1234</italic> should also purchase <italic>Papal
                Jurisprudence c.400</italic>.</p>
        
        <p>The heart of d’Avray’s primary argument can be boiled down to a single word: uncertainty.
            He argues that the reason papal decretals proliferated c.400 and again c.1200 is that
            changing social conditions had resulted in widespread uncertainty amid complexities
            within Christian ritual, hierarchies, clerical status, treatment of heretics, and
            doctrine. Widespread uncertainty raised the demand for clear, authoritative answers; as
            a result, Latin Christians, above all bishops, turned to popes for definitive decisions
            that could then guide their governance within their dioceses. The argument is so
            deceptively simple and, on one level, even self-apparent that one wonders why no one has
            stated it so clearly before. And one might wonder why d’Avray needed to spend years
            studying the manuscripts and texts of the papal decretals to come up with it and how
            original the argument is. </p>
        
        <p>To appreciate d’Avray’s true contribution (which, I maintain, is substantial), one needs
            to appreciate the full scope of d’Avray’s theoretical framework, the individual
            sub-studies he has undertaken, and the scholarly claims or tendencies that he is pushing
            against. Refreshingly, with d’Avray, all his cards are on the table; he lays out his
            theoretical debts in Appendix D, where he lists Louis Dumont, Mary Douglas, Niklas
            Luhmann, Max Weber, Hans-Georg Gadamer, Geoffrey Hawthorn, and J. G. A. Pocock. It is
            this final scholar who provides d’Avray with the notion of reoccurrence, instead of
            simple continuity or disjunction, as a conceptual framework for thinking about two
            distinct ages of papal decretals. D’Avray expresses preference for this framework over
            other explanations, not for every historical question but for the perplexing problem at
            issue here. Pocock’s schema, which asserts that particular thinking and activity revive
            in particular environments, even several centuries apart, “works quite well for the
            history of papal jurisprudence” (12). In short, within similar environments, similar
            kinds of “social soil” (2), similar activity and responses result. With this framework,
            d’Avray can approach two historical time periods rarely studied together and offer
            something both to scholars of late antiquity and to medievalists while providing a model
            for how scholarship can cross the temporal boundaries that our academic subdisciplines
            have erected.</p>
        
        <p>Each of d’Avray’s chapters is short, no more than fifteen pages long. He devotes more
            space to discussions of late antiquity and the very early reception of papal decretals
            in the sixth century than he does to the second age of decretals. These early and middle
            chapters are rooted in his extensive study of the early decretals, ranging from the
            first extant decretal by Siricius (to Himerius of Tarragona, dated to 385) to decretals
            by Leo I (440-461) and Gelasius I (492-496), the latter falling just prior to the first
            significant and influential collections of decretals, beginning with the
                <italic>Dionysiana</italic> (c.500). To build his argument, d’Avray first must make
            the case that conditions on the ground in the late fourth century were rife with
            uncertainty and that the concepts of “uncertainty” and “complexity” are better than
            “conflict” for explaining the spirit of the times and what gave rise to the early
            decretals. As imperial authority and structures grew weaker in the Latin west, as more
            people converted to Christianity, as Christians were highly mobile throughout the
            empire, and as conciliar activity and participation in the west were reduced, Christians
            did not necessarily have ready access to the decisions of Nicaea; they simultaneously
            became acutely aware of regional differences in Christian ritual, practice, and clerical
            norms and hierarchical structures through their travels and migrations. Meanwhile,
            strong theological uncertainty emerged through the debates between Augustine and
            Pelagius on grace while the rising stardom of monks created uncertainty about how those
            committed to the religious life should relate to and potentially fit within the clerical
            hierarchy. </p>
        
        <p>Although the period undoubtedly witnessed conflicts among individuals and groups, the
            pope was not being appealed to primarily as an arbiter set to resolve conflicts; rather,
            the decretals testify to genuine questions and confusion amid a range of possibilities.
            With the rise in demand for certainty, there was a rise in inquiries sent to the pope,
            who under the model of imperial rescripts, issued responses. Many of these responses to
            various recipients are rather redundant, although d’Avray sees increasing clarity and
            precision even moving from Leo I to Gelasius I. The redundancy speaks to the widespread
            need for clarity on common issues of complexity and confusion; what started to reduce
            the need for new decretals was the dissemination of the collections of these decretals.
            The first three such collections are the <italic>Dionysiana</italic>,
                <italic>Quesnelliana</italic>, and, far less influential, the <italic>Frisingensis
                prima</italic>. Finally, people could refer to authoritative collections with
            answers to their questions, and, until historical developments had occurred of such a
            magnitude that significantly more and new uncertainties arose, fresh decretals for the
            most part did not need to be sought.</p>
        
        <p>The last third of the book examines the reception of the papal decretals in the
            Carolingian and reform periods and finally in the canonistic discourse on Gratian’s
                <italic>Decretum</italic> in which the new decretals of the popes of the late
            twelfth and early thirteenth centuries are brought into dialogue with the earlier
            decretals as copied in the <italic>Decretum</italic>. The chapters on the Carolingian
            period (which includes Burchard of Worms in the very early eleventh century) and on the
            century 1050-1150 are particularly interesting; the analysis in the preceding chapter,
            which includes a discussion of the varied approach to papal decretals in Merovingian
            Gaul, Iberia, and Ireland, is also helpful, particularly in showing how the subject
            matter of canon law became broader and the dominance of papal jurisprudence within canon
            law was not a foregone conclusion. In all three chapters, d’Avray emphasizes how the
            early papal decretals were received, preserved, and perpetuated in select canonical
            collections. He includes treatment of Charlemagne’s famous <italic>Admonitio
                generalis</italic>, the first half of which copied the<italic> canonica</italic>
            <italic>instituta</italic> consisting of versions of early decretals and conciliar
            decisions. The next chapter contains d’Avray’s explanation of why increased uncertainty
            in the late eleventh and early twelfth century again prompted new decretals in the years
            that followed. </p>
        
        <p>For d’Avray, the many treatments of papal and religious reform have failed to account
            adequately for <italic>why</italic> the reform happened when it did and why reform was
            considered an ideal to begin with. For him, explanations focused on the rise of a money
            economy as a background to a rejection of simony are too simple or misguided--all you
            have to do is read earlier papal decretals to know that simony had long been condemned.
            D’Avray’s own explanation hones in on social changes with an impact on clergy,
            definitions of celibacy (noting a huge change in the definition of celibacy, which had
            essentially been a “chaste marriage” starting at the rank of deacon in late antiquity
            but not a rejection of marriage), and the players and processes by which bishops were
            elected. When you look at the sources in combination with social changes, d’Avray
            maintains, you see an additional explanation for reform: “a legal system, alive in
            collections but static, comes up against systems that have evolved far beyond the law’s
            4th-5th century context” (180). As a result, once again, Latin Christendom was thrust
            into uncertainty, in this case an uncertainty about how to reconcile the older texts
            with current realities. This uncertainty compelled Christians, above all bishops, once
            again to seek solid answers from the one institution that could be recognized as
            authoritative: the papacy. The final chapters devote attention to the <italic>Glossa
                ordinaria</italic> on Gratian’s <italic>Decretum</italic>, carefully attuned to the
            development of that text from Johannes Teutonicus’s post-Lateran IV (1215) version to
            Bartholomeus Brixiensis’s post-<italic>Liber Extra</italic> (1234) version.</p>
        
        <p>The book closes with three lengthy appendices of texts. They consist of letters of Leo I,
            Gelasius I, and the <italic>Glossa ordinaria</italic>. All of these texts supplement and
            do not duplicate the selected decretals edited and discussed in
            <italic>PJc.400</italic>.</p>
        
        <p>D’Avray’s book is strong on content but perhaps even richer for the conceptual clarity it
            elucidates and the scholarly lessons it instills. In terms of questions of anachronism
            and how scholars can usefully talk about phenomena of the past with concepts that make
            sense to scholars today without ignoring different realities and concepts in the period
            we are studying, his clear delineation of “etic” and “emic” concepts is useful (93).
            Admirably, d’Avray then proceeds to identify when he is using a term as an “etic”
            concept (a concept native to us that we use to categorize and analyze something in the
            past) as opposed to an “emic” concept (a concept native to the people we study). He
            utilizes this strategy when following a secondary argument of his work about the
            development of “law” and “theology,” recognizing that, for much of the time under
            review, no one describes their work or material in those terms.</p>
        
        <p>Elsewhere, on many occasions, d’Avray criticizes those scholars of today who treat as
            ridiculous and irrational the religious views and vigorous debates of the people they
            study. D’Avray’s point is quite simple: as historians, we can’t do very well what we are
            trying to do (understand the past) if we disregard the matters that people of the past
            found important and in fact fundamental. For d’Avray, it is irrelevant what one’s
            personal views and beliefs are; what is relevant is how seriously we take our subjects
            and what kind of respect we afford them with their concerns. Thus, d’Avray at one point
            asserts, “anyone aiming to understand late Antiquity had better take Christology
            seriously, however alien from religion they might be, just as future historians of the
            early twenty-first century had better take gender theory seriously, even if they should
            personally find it strange. It was rational to wrestle with questions about what it
            actually meant to be the ‘son of God’” (139). D'Avray’s convictions on this front
            explain in part his resistance to the “all about power” thesis of Ali Bonner in her 2018
            Oxford monograph, <italic>The Myth of Pelagianism</italic>. For anyone who has been
            tempted by Bonner’s controversial thesis, d’Avray’s rebuttals in chapter four,
            highlighting both specific problems in Bonner’s work and larger methodological ones, are
            well worth consideration.</p>
        
        <p>While d’Avray’s work makes a substantial contribution to late antique and medieval
            studies of canon law and the papacy, not all scholars may be convinced by every argument
            or claim equally. D’Avray’s work is relatively short for the ambitious claims within it
            (241 pages before the appendices begin), and he simply does not have the space to
            substantiate every argument equally well. Medievalists looking back to late antiquity
            will appreciate d’Avray’s lengthier introduction to and treatment of the first decretal
            age, but scholars of late antiquity perhaps could use an equally robust introduction to
            the varied issues of the 12th century that set up and were dealt with in decretals
            c.1200. The breadth of “uncertainties” handled in the earlier period stand out against
            the much shorter list treated in the later period. One could criticize d’Avray, then,
            for unevenness of treatment. Additionally, for all his conceptual clarity, in a few
            cases he seems inconsistent. Why he is comfortable speaking of “law” as distinct from
            “theology” as an “etic” concept but is uncomfortable applying the term “administration,”
            preferring to speak of “an attempt to impose a judgment about what was lawful” (104), is
            unclear. Finally, in the very first chapter, he rejects the usage of the term
            “tradition” with a preference for “conversation” or “discussion strings.” He rejects
            “tradition” because it “tends to imply an absence of change or evolution” (13). Every
            Catholic theologian, and many others beside, would disagree. In fact, speaking of the
            tradition of papal jurisprudence--the handing down of decretals to successive
            generations, with their own colored reception of them--would seem, in my view, to
            express quite nicely what d’Avray wants to highlight.</p>
        
        <p>Minor complaints aside, it is difficult to express how interesting a book d’Avray has
            written. He brings new insights and frameworks to the topic of papal decretals, pushes
            historians to think well beyond their typical chronological limits, and convincingly
            demonstrates that careful and even tedious textual and manuscript research can
            profitably be combined with larger social analyses for a stimulating and necessary
            addition to our understanding of how and why certain phenomena appear when they do.</p>
    </body>
</article>
