Medieval Church Law And The Origins Of The Western Legal Tradition A Tribute To Kenneth Pennington Upd Now

Kenneth Pennington, the Kelly-Quinn Professor Emeritus at The Catholic University of America , is a towering figure in medieval legal history.

– Analyzes the practical application of law in day-to-day court proceedings and its effect on societal norms like marriage and heretical combat. Legacy of the "Honorand" (Kenneth Pennington) A law student in Prague could read the

Before nationalism fractured the continent, there was a truly pan-European legal culture. A law student in Prague could read the same Roman and canon law texts as a student in Padua or Coimbra. Lawyers from Scotland to Sicily could argue from the same glossa ordinaria . But perhaps Pennington’s greatest legacy is institutional

: One of the most fascinating claims explored in this context—and a central focus of Kenneth Pennington's own career—is that the concept of " innocent until proven guilty " does not come from English common law, as commonly believed, but likely originated with a 13th-century French jurist working within the church legal tradition. as commonly believed

But perhaps Pennington’s greatest legacy is institutional. He was a pioneer of digital legal history. Long before "digital humanities" was a buzzword, he built the at the Catholic University of America, making thousands of medieval manuscripts available online. He democratized access to the sources. A student in rural Oklahoma can now view the same Decretum manuscript that a cardinal once studied in Avignon.

: Canon lawyers developed the ordo iudiciarius (judicial order), establishing that defendants have a right to a hearing, even if their crimes are considered "notorious".

Perhaps the most resonant theme within the tribute volume, and certainly one of Pennington’s most enduring legacies, is the evolution of legal procedure. It is easy for the modern observer to take for granted the concept of "due process"—the idea that the state must follow its own rules and that an accused person has specific rights.