The construction of the norm in the franciscan movement: Regulae and Testamentum in the mendicant juridical practices (1210-1323)

Author(s)

Veronica Aparecida Silveira Aguiar

• Document type: Master's Dissertation
• Press: São Paulo.
• Institution: Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD)
• Defense date: 2010-11-19

Examining board members

Ana Paula Tavares Magalhães Tacconi; Flavio de Campos; Susani Silveira Lemos França

• Advisor: Ana Paula Tavares Magalhães Tacconi

Abstract

The present work aims at evaluating the evolution of the judicial practices in the Franciscan movement and, to do so, we departed from the proto-Rule of 1210, the Regula non bullata of 1221, the Regula bullata de 1223 and from the Testamentum beati Francisci of 1226. By studying the construction of the norm in the first minorite generation, we demonstrated that the Franciscan poverty and the Imitatio Christi, which have the Rules and the Testament as their base, were adapted to the judicial model of that time, gradually adjusting itself to the Corpus Iuris Canonici and to the IV Lateran council, equalizing itself to the traditional religious institutions. The period from 1230 to 1323 was crucial for the research because we evaluated the Franciscan dissidence of the resistants to this adjustment, which influenced the political and social relations between the Church and the Order. This Masters dissertation also discussed the institutionalization of the Franciscan Movement during Francis of Assisis life and the judicial dissents about his legal writings formulated after his death. In order to analyze this, we carried out a serial evaluation a set of exegetic bulls about the Rule and the Testament formulated by several popes. Moreover, the internal debates to the Norm gravitated around two friars who had significant roles to the Order: Bonaventure of Bagnoregio (1221-1274) who, along his generalate (1257- 1274), introduced important institutional changes in the Order and Angelo Clareno (1245-1337), one of the dissidents from the Franciscan movement, who comes from the region of Marca of Ancona, a place of important theoretical production by several friars. By analyzing the aspects above, the main goal of this dissertation will be verifying the evolution of the concept of the Franciscan poverty in the context of the judicial discussions of the Church and the Minor Friars Orders. (AU)

• FAPESP's process: 08/01654-6 - The construction of the rule in the Franciscan movement: evolution of mendicants juridical practices as from analysis of Regula non bullata (1221), Regula bullata (1223) and Testamentum (1226)
• Grantee: Veronica Aparecida Silveira Aguiar
• Support Opportunities: Scholarships in Brazil - Master