Expectations of Justice in the Age of Augustine 9780812203035

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Expectations of Justice in the Age of Augustine

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Expectations of] ustice in the Age ofAugustine IZevin Uhalde

PENN UNIVERSITY OF PENNSYLVANIA PRESS

Philadelphia

Copyright © 2007 University of Pennsylvania Press All rights reserved Printed in the United States of America on acid-free paper 10

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Published by University of Pennsylvania Press Philadelphia, Pennsylvania 19104-4112 Library of Congress Cataloging-in-Publication Data Uhalde, Kevin, 1971Expectations of justice in the age of Augustine / Kevin Uhalde. p. cm. ISBN 978-0-8122-3987-4

Includes bibliographical references (p. ) and index I. Christianity and justice. I. Title. BRII5.J8 U33 2007 270.2-dc22 2006050945

For my family

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Contents

INTRODUCTION

I. CALUMNY: WELL-KNOWN REASONS WHY

JUSTICE FAILS

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Judicial Culture 16 Juridical Solutions: Roman Law Popular Responses 25 The Bishop)s Court 29 Juridical Solutions: Canon Law Social Bonds and Boundaries

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2. "JUDGE LIKE GOD": WHAT BISHOPS CLAIMED TO

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EXPECT OF THEMSELVES

Between Perftetion and Failure 44 Traditions ofJudgment and Discernment Spiritual Discernment at Work 49 Alternative Traditions ofDiscernment 55 The Exemplary Life ofBishops 61 The Ideal Fails 67 3. CHRISTIAN OATHS: A CASE STUDY IN PRACTICALITY OVER DOCTRINE

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Oaths Are Social Bonds 77 The Public Life ofOaths 80 Solemn Promises plus Some Exemptions 84 Exegetes on Swearing 86 Socialis Necessitudo and the Need for Oaths 92 Swearing in the Land ofFalsehood 101

4. MERCY NOT JUSTICE: HOW PENANCE BECAME A WORTHY ACT OF SELF-INCRIMINATION

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A Proftssion ofHoliness 105 Preachers ofPenance 107 The Penitential Lives ofReligious Proftssionals II0 The Heroic Lives ofPenitents I I 7 Compunction and Discernmentfor All 122 The Balance ofMercy and Justice 127 An End to the Scholarly Myth ofDecline and Rigorism CONCLUSION

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LIST OF ABBREVIATIONS

NOTES

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BIBLIOGRAPHY

INDEX

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ACKNOWLEDGMENTS

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Introduction

Expectans expectavi Dominum et inclinatus est ad me et audivit clamorem meum. Patiently I awaited the Lord and he turned to me and heard my cry. -Vulgate Psalm 39:2 This doubled word deserves attention, for such a graceful repetition is not mere embellishment. Certainly we are able to be expectant, but in a grudging mood. Still we may be patiently expectant when we bear something calmly and with powerful longing. -Cassiodorus, Expositio Psalmorum 39.2

THE LIFE OF Flavius Magnus Aurelius Cassiodoms Senator (4-85/90-ca. 580), best known simply as Cassiodoms, epitomized the age of transition in which he lived. One foot rested in the ancient past, for Cassiodoms had impeccable credentials as a late Roman aristocrat. While still a young man, he served as assistant to his father, the praetorian prefect, and then as quaestor. In 514 he was the sole consul in the empire, then master of offices from 523 to 527, and praetorian prefect in Italy for four years until 537. His other foot, however, was in the Middle Ages. He wrote Latin letters on behalf of I