The Concept of Law (lex) in the Moral and Political Thought of the ‘School of Salamanca’

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Publisher : BRILL
ISBN 13 : 9004322701
Total Pages : 290 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Concept of Law (lex) in the Moral and Political Thought of the ‘School of Salamanca’ by : Danaë Simmermacher

Download or read book The Concept of Law (lex) in the Moral and Political Thought of the ‘School of Salamanca’ written by Danaë Simmermacher and published by BRILL. This book was released on 2016-10-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this volume offer a fresh perspective on the important role of the concept of law (lex) in the moral and political philosophy of the ‘School of Salamanca’.

The School of Salamanca in the Affairs of the Indies

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Publisher : Routledge
ISBN 13 : 0429807414
Total Pages : 278 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The School of Salamanca in the Affairs of the Indies by : Natsuko Matsumori

Download or read book The School of Salamanca in the Affairs of the Indies written by Natsuko Matsumori and published by Routledge. This book was released on 2018-09-28 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The School of Salamanca in the Affairs of the Indies explores the significance of Salamancans, such as Vitoria and Soto, and related thinkers, such as Las Casas and Sepúlveda, in the formation of the early modern political order. It also analyses early modern understandings of political order, with a focus both on the decline of the medieval universal world through the independence and secularization of political community and the establishment of continuous and imbalanced relations between various European and non-European political communities. Through its investigation, this book highlights how Salamancans and related thinkers clearly distinguished their understandings of political order from medieval thought, and did so in a different way to contemporary and later thinkers, such as Machiavelli, Luther, Bodin, and Grotius, particularly with regards to the Indies, “barbarian” worlds. It also reveals the strong contribution of the School of Salamanca in early modern political thought, both internally and externally. Salamancans imposed moral restrictions against “interior barbarism,” that is, power beyond law, and included “exterior barbarism,” that is, “barbarian” societies, in the common political order. Situating the School of Salamanca in the mainstream history of European political thought, The School of Salamanca in the Affairs of the Indies is ideal for academics and postgraduate students of intellectual history and of Spanish colonial expansion.

Christianity and Global Law

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Publisher : Routledge
ISBN 13 : 1000039226
Total Pages : 400 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Christianity and Global Law by : Rafael Domingo

Download or read book Christianity and Global Law written by Rafael Domingo and published by Routledge. This book was released on 2020-03-31 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

The School of Salamanca: A Case of Global Knowledge Production

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Author :
Publisher : BRILL
ISBN 13 : 9004449744
Total Pages : 444 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The School of Salamanca: A Case of Global Knowledge Production by :

Download or read book The School of Salamanca: A Case of Global Knowledge Production written by and published by BRILL. This book was released on 2021-03-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production. Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.

Natural and Political Conceptions of Community

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Publisher : BRILL
ISBN 13 : 9004351655
Total Pages : 322 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Natural and Political Conceptions of Community by : Christoph Philipp Haar

Download or read book Natural and Political Conceptions of Community written by Christoph Philipp Haar and published by BRILL. This book was released on 2019-02-04 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural and Political Conceptions of Community demonstrates how the early modern Jesuits recruited the household community when reflecting on the political community, integrating an account of human nature with a notion of politics as the sphere of law, rights, and virtues.

The Invention of Custom

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Publisher : Oxford University Press
ISBN 13 : 0192652826
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Invention of Custom by : Francesca Iurlaro

Download or read book The Invention of Custom written by Francesca Iurlaro and published by Oxford University Press. This book was released on 2021-12-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

Law from Below

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Publisher : Georgetown University Press
ISBN 13 : 1647124077
Total Pages : 271 pages
Book Rating : 4.6/5 (471 download)

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Book Synopsis Law from Below by : Elisabeth Rain Kincaid

Download or read book Law from Below written by Elisabeth Rain Kincaid and published by Georgetown University Press. This book was released on 2024-03-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A constructive model of engagement with unjust laws from the ground up The current political atmosphere would suggest that law is imposed only from above, specifically by the chief executive acting upon some sort of perceived populist mandate. In Law from Below, Elisabeth Rain Kincaid argues that the theology of the early modern legal theorist and theologian, Francisco Suárez, SJ may be successfully retrieved to provide a constructive model of legal engagement for Christians today. Suárez’s theology was developed to combat an authoritarian view of law, suggesting that communities may work to change law from the ground up as they function within the legal system, not just outside it. Law from Below suggests that Suárez’s theory of law provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. Suárez acknowledges the crucial contribution of citizens to improving law’s moral content, without removing the importance of law’s own authority or the role of the lawgiver. Law from Below argues that the dialogue between legislators and the community provides Christian activists with a range of options for constructively engaging with law in order to have a positive impact on society.

The Emergence of Privateering

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004541411
Total Pages : 428 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Emergence of Privateering by : John Davidson Ford

Download or read book The Emergence of Privateering written by John Davidson Ford and published by Martinus Nijhoff Publishers. This book was released on 2023-04-03 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What exactly was privateering? How did it differ from other forms of maritime raiding? These questions are answered in a study of the emergence of privateering as a new legal category in the late sixteenth and early seventeenth centuries.

The Cambridge Companion to Hugo Grotius

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Publisher : Cambridge University Press
ISBN 13 : 110818765X
Total Pages : 659 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Cambridge Companion to Hugo Grotius by : Randall Lesaffer

Download or read book The Cambridge Companion to Hugo Grotius written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2021-09-16 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

The House is in a State

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110714094
Total Pages : 229 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis The House is in a State by : Antonia Karaisl von Karais

Download or read book The House is in a State written by Antonia Karaisl von Karais and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-01-18 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on methodology, argument and context of 18th century philosopher Christian Wolff’s last book, the Oeconomica. This work, a rationalist guide to household morality, is discussed in conjunction with Wolff's natural law-based welfare state theory. A case study at a cross-section of philosophy, political science and history, it dissects the ideological conflation of private and public interest in the absolutist state.

Great Christian Jurists in Spanish History

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Publisher : Cambridge University Press
ISBN 13 : 1108687768
Total Pages : 825 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Great Christian Jurists in Spanish History by : Rafael Domingo

Download or read book Great Christian Jurists in Spanish History written by Rafael Domingo and published by Cambridge University Press. This book was released on 2018-05-10 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Spanish legal culture, developed during the Spanish Golden Age, has had a significant influence on the legal norms and institutions that emerged in Europe and in Latin America. This volume examines the lives of twenty key personalities in Spanish legal history, in particular how their Christian faith was a factor in molding the evolution of law. Each chapter discusses a jurist within his or her intellectual and political context. All chapters have been written by distinguished legal scholars from Spain and around the world. This diversity of international and methodological perspectives gives the volume its unique character; it will appeal to scholars, lawyers, and students interested in the interplay between religion and law.

Credit and Creed

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Publisher : Routledge
ISBN 13 : 0429594844
Total Pages : 260 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Credit and Creed by : Andreas Rahmatian

Download or read book Credit and Creed written by Andreas Rahmatian and published by Routledge. This book was released on 2019-10-28 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Money is a legal institution with principal economic and sociological consequences. Money is a debt, because that is how it is conceptualised and comes into existence: as circulating credit – if viewed from the creditor’s perspective – or, from the debtor’s viewpoint, as debt. This book presents a legal theory of money, based on the concept of dematerialised property. It describes the money creation or money supply process for cash and for bank money, and looks at modern forms of money, such as cryptocurrencies. It also shows why mainstream economics presupposes, but avoids an analysis of, money by effectively eliminating money from the microeconomic market model and declaring it as merely a neutral medium of exchange and unit of account. The book explains that money rather brings about and influences substantially the exchange or transaction it is supposed to facilitate only as a neutral medium. As the most liquid of all assets, money enables financialisation, monetisation and commodification in the economy. The central role of the banks in the money creation process and in the economy, and their strengthened position after the bank rescue measures in the wake of the financial crisis 2008-9 are also discussed. Providing a rigorous analysis of the most salient legal issues regarding money, this book will appeal to legal theorists, economists and anyone working in commercial or banking law.

Francisco Suárez (1548–1617)

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Publisher : BRILL
ISBN 13 : 9004395652
Total Pages : 556 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Francisco Suárez (1548–1617) by : Robert Aleksander Maryks

Download or read book Francisco Suárez (1548–1617) written by Robert Aleksander Maryks and published by BRILL. This book was released on 2019-04-02 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a bilingual edition of the selected peer-reviewed papers that were submitted for the International Symposium on Jesuit Studies on the thought of the Jesuit Francisco Suárez (1548–1617). The symposium was co-organized in Seville in 2018 by the Departamento de Humanidades y Filosofía at Universidad Loyola Andalucía and the Institute for Advanced Jesuit Studies at Boston College.

Succession Law, Practice and Society in Europe across the Centuries

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Publisher : Springer
ISBN 13 : 3319762583
Total Pages : 640 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Succession Law, Practice and Society in Europe across the Centuries by : Maria Gigliola di Renzo Villata

Download or read book Succession Law, Practice and Society in Europe across the Centuries written by Maria Gigliola di Renzo Villata and published by Springer. This book was released on 2018-03-19 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.

The [Oxford] Handbook of the Jesuits

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Publisher : Oxford University Press
ISBN 13 : 0190924985
Total Pages : pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The [Oxford] Handbook of the Jesuits by : Ines G. Zupanov

Download or read book The [Oxford] Handbook of the Jesuits written by Ines G. Zupanov and published by Oxford University Press. This book was released on 2019-05-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Through its missionary, pedagogical, and scientific accomplishments, the Society of Jesus-known as the Jesuits-became one of the first institutions with a truly "global" reach, in practice and intention. The Oxford Handbook of the Jesuits offers a critical assessment of the Order, helping to chart new directions for research at a time when there is renewed interest in Jesuit studies. In particular, the Handbook examines their resilient dynamism and innovative spirit, grounded in Catholic theology and Christian spirituality, but also profoundly rooted in society and cultural institutions. It also explores Jesuit contributions to education, the arts, politics, and theology, among others. The volume is organized in seven major sections, totaling forty articles, on the Order's foundation and administration, the theological underpinnings of its activities, the Jesuit involvement with secular culture, missiology, the Order's contributions to the arts and sciences, the suppression the Order endured in the 18th century, and finally, the restoration. The volume also looks at the way the Jesuit Order is changing, including becoming more non-European and ethnically diverse, with its members increasingly interested in engaging society in addition to traditional pastoral duties.

Synopsis Purioris Theologiae / Synopsis of a Purer Theology

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Publisher : BRILL
ISBN 13 : 9004329986
Total Pages : 730 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Synopsis Purioris Theologiae / Synopsis of a Purer Theology by : Harm Goris

Download or read book Synopsis Purioris Theologiae / Synopsis of a Purer Theology written by Harm Goris and published by BRILL. This book was released on 2020-07-20 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bilingual edition of the Synopsis Purioris Theologiae (1625) provides English readers access to an influential textbook of Reformed Orthodoxy. Composed by four professors at the University of Leiden (Johannes Polyander, Andreas Rivetus, Antonius Walaeus, and Anthonius Thysius), it offers a presentation of Reformed theology as it was conceived in the first decades of the seventeenth century. From a decidedly Reformed perspective, the Christian doctrine is defined in contrast with alternative or diverging views, such as those of Roman Catholics, Arminians, and Socinians. The Synopsis responds to challenges coming from the immediate theological, social, and philosophical contexts. The disputations in this the third volume cover such topics as the sacraments, church discipline, the role of civil authorities, and eschatology. This volume also presents a thorough historical and theological introduction to the whole of the Synopsis.

System, Order, and International Law

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Publisher : Oxford University Press
ISBN 13 : 019108106X
Total Pages : 544 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis System, Order, and International Law by : Stefan Kadelbach

Download or read book System, Order, and International Law written by Stefan Kadelbach and published by Oxford University Press. This book was released on 2017-04-28 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the formation of nation-states lawyers, philosophers, and theologians have sought to envisage the ideal political order. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume maps models of early international legal thought from Machiavelli to Hegel before international law became an academic discipline. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas that have remained at the forefront of debate, such as the relationship between law and theology, the role of the individual versus that of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it is common to state that the importance of the nation-state is vanishing, the problems at issue in the classic theories do not seem so remote: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show how uncovering the history of international law can offer ways in which to envisage its future.