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그레고리우스 개혁의 교회법적 원천

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The Canonical Origins of 『Dictatus Papae』by Pope Gregory VII

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The issue of whether the reform of Pope Gregory VII was based on traditional canon law has a great significance in defining the nature of Gregorian Reform Movement. Conflictions and variations among the medievalists for the interpretation on the basis of 11th century reform ideas caused diverse understandings on it.
It is well known that Pope Gregory VII especially emphasized the universal status of the Pope. The Papal Primacy could only be accepted when the universality of Papacy is recognized. But the Pseudo-isidorian Decretals or Canon Law collected by Burchard of Worms, which were accented on the rights of bishop and to be greatly influential until the middle of 11th century, did not mention it. However, there were some exceptional cases which were not alluded in those decretal collections. What Pope Gregory stressed on universality based on the ancient provisions of Nichea, Chalcedon universal councils and Gelasius I, Pseudo-iurius laws is quite different from the early decretal collections.
Pope Gregory VII strengthened the power of legislation by pope in order to secure the universality of canon law. There has been contradictions and conflictions in dealing with the current issues because legislations of local level were depended on the decision of local councils led by bishops law so far. Pope Gregory VII tried to resolve the matter of discordance in law, establishing a hierarchical system of law by way of subordinating the lower authority law to the higher authority law.
Papal supremacy and universality were prerequisite in performing the fullness power (plenitudo potestatis) of pope. In addition, papal jurisdiction and legislative power are substantial elements of plenitudo potestatis. The right of prosecution and ordinarius jurisdictio, which was provided by 『Dictatus Papae』, established a strong basis for pope, as the head of all churches, to be the protector and guardian of people of church. The essential elements that were provided by 『Dictatus Papae』 of Pope Gregory VII were clearly contradictory of previous decretal collections, and some were not even mentioned before. Even if any part was mentioned in them, it did not have significant meaning there, or the intentions of those decretals were different from the perspective of reform movement. From this point of view, 『Dictatus Papae』 of Pope Gregory VII could be considered to go far away from the traditional canonical conceptions.
Nevertheless, it seems that Pope Gregory VII and Gregorian reformers found the origin of their reformative spirit in the definitions of ancient universal councils and the thoughts of church fathers. Those original sources of canon law was organized by Gregorian reform canonists such as Cardinal Humbert of Silva Candida, Anselm of Lucca, Deusdedit, Bernold of Constance in their decretal collections. In that perspective, 『Dictus Papae』 cannot be seen as far different from traditional canon law.

목차

I. 그레고리우스 개혁의 교회법적 성격
 II. 교황의 보편적 지위
 III. 교황의 입법권
 IV. 교황의 사법권
 V. 궐석자의 재판과 황제의 폐위
 Vl. 맺는 말
 
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  • 장준철 Chun-Chul Chang. 원광대

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