The Problem of Originality in Early Medieval Canon Law: Legislating by Means of Contradictions in the Collectio Hibernensis

Abstract

The sources for late antique and early medieval canon law collections consisted primarily of synodal acta and papal decretals. Although these collections fell short of addressing the growing legal requirements of expanding Christian communities, new sources could not be introduced without first securing their authority. The earliest collection to offer both new sources and new methods of legislation, was the late seventh- or early eighth-century Irish Hibernensis. It concludes with a book consisting entirely of novel sources, which highlights ostensible contradictions between canons. This book is the earliest recorded example of sic et non in the Latin West. The present article analyzes this book with the aim of establishing how the Hibernensis addressed the problem of innovation versus authority. My analysis evokes modern legal theory and explores the efficacy and limitations of drawing on theory as a means of shedding light on early medieval canon law material.