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Theologians And Contract Law
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Book Synopsis Theologians and Contract Law by : Wim Decock
Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Book Synopsis Theologians and Contract Law by : Wim Decock
Download or read book Theologians and Contract Law written by Wim Decock and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Christianity and Private Law by : Robert F. Cochran, Jr
Download or read book Christianity and Private Law written by Robert F. Cochran, Jr and published by Routledge. This book was released on 2020-11-22 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
Book Synopsis Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) by : Paolo Astorri
Download or read book Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) written by Paolo Astorri and published by Verlag Ferdinand Schoningh. This book was released on 2019 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the Lutheran Reformation greatly contributed to changes in theological and legal ideas - but what was the extent of its impact on the field of contract law? Legal historians have extensively studied the contract doctrines developed by Roman Catholic theologians and canonists; however, they have largely neglected Martin Luther, Philip Melanchthon, Johann Aepinus, Martin Chemnitz, Friedrich Balduin and many other reformers. This book focuses on those neglected voices of the Reformation, exploring their role in the history of contract law. These men mapped out general principles to counter commercial fraud and dictated norms to regulate standard economic transactions. The most learned jurists, such as Matthias Coler, Peter Heige, Benedict Carpzov, and Samuel Stryk, among others, studied these theological teachings and implemented them in legal tenets. Theologians and jurists thus cooperated in resolving contract law problems, especially those concerning interest and usury.
Book Synopsis From Sacrament to Contract by : John Witte
Download or read book From Sacrament to Contract written by John Witte and published by Westminster John Knox Press. This book was released on 1997-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the interplay between Christian theological norms and Western legal principles concerning marriage, examining the theology and law of marriage in the Catholic, Lutheran, Calvinist, Anglican, and Enlightenment traditions.
Book Synopsis From Sacrament to Contract, Second Edition by : John Witte Jr.
Download or read book From Sacrament to Contract, Second Edition written by John Witte Jr. and published by Presbyterian Publishing Corp. This book was released on 2012-01-31 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.
Book Synopsis From Sacrament to Contract by : John Witte
Download or read book From Sacrament to Contract written by John Witte and published by Presbyterian Publishing Corp. This book was released on 2012-01-01 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.
Book Synopsis Commentaries on European Contract Laws by : Nils Jansen
Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 2250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Book Synopsis The Law of Freedom by : Daniel L. Rentfro
Download or read book The Law of Freedom written by Daniel L. Rentfro and published by Wipf and Stock Publishers. This book was released on 2019-10-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Freedom: Justice and Mercy in the Practice of Law examines the legal and theological roots of the concept of equity, and the implications that the diminishment of equity as a legal concept has for the moral dilemmas faced by the practicing lawyer. Meditating on the book of Micah, the book argues that the Christian duty asks for both strict justice and gracious mercy, with the prophet’s third value—humility—essential for both the individual lawyer and the legal system as a whole to balance strict justice and mercy.
Download or read book Law and Religion written by Wim Decock and published by Vandenhoeck & Ruprecht. This book was released on 2014-09-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wim Decockcollects contributions by internationally renowned experts in law, history and religion on the impact of the Reformations on law, jurisprudence and moral theology. The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.
Book Synopsis Historical and Theological Foundations of Law by : John Eidsmoe
Download or read book Historical and Theological Foundations of Law written by John Eidsmoe and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the Law? Where does it get its authority? With unparalleled scope and minute detail, Historical &Theological Foundations of Law studies the earliest origins of Law in the legal systems of ancient societies all across the earth, explores their common threads and differences, traces their development through history, and notes common trends that should cause hope or alarm today. Volume I: Ancient Wisdom. Book I, The Foundation begins by exploring the laws of ancient civilizations: Egyptian stability, Babylonian precision, Persian enlightenment, Indian philosophy, Chinese Taoism/Buddhism/Confucianism, Polynesian kapu, Incan absolutism and efficiency, Mayan oligarchy, Aztec judicial independence, Cheyenne volunteerism, and the Iroquois Confederacy's sage balancing of power. How did these systems arise? What are the trends? Polytheism to monotheism, or monotheism to polytheism? Decentralization or centralization of power? Fewer laws or more laws? Gentleness or brutality? Book II, The Cornerstone, focuses on a unique people who many believe have influenced the world more than any other. In a canon of 39 books, the Hebrews established the Tanakh (Old Testament). How did the Hebrew constitution function, and upon what precepts was it based? Are the Ten Commandments truly the foundation of Western Law? Why is their influence so often overlooked today? Volume II: Classical and Medieval. Book III, The Structure, turns to Greece and Rome. Hailed as the birthplace of democracy, the Athenian system was unstable, inefficient, and short-lived. Nevertheless, Plato laid a philosophical basis for natural law, and Aristotle provided a foundation for justice. Rome had a genius for law and organization, but the constitutional constraints of the Republic gradually gave way to the Empire. However, the followers of Christ, once a persecuted minority, came to rule the Empire and put a Christian stamp on Roman law. Out of Roman law the rise of the Canon law of the Church occurs. The Sharia law of Islam is also surveyed. Book IV, The Centerpiece, begins with the Dark Ages--the darkness of the womb, out of which was born the Common Law. From the Celtic mists, with the Druids and their Brehon lawyers, St. Patrick and the Senchus Mor, the Anglo-Saxons in the forests of Germany with their witans and juries which they brought to Britain, Alfred the Great who began his Book of Dooms with the Ten Commandments, to the Norman Conquest and the warfare between the centralizing Norman kings and their opponents, the precepts and institutions of the Common Law took form. What is the Common Law? If it is so common, why is it so seldom defined? How does it relate to Canon law or civil law? And is it Christian, Roman, or a fusion of both? Volume III: Reformation and Colonial. Book V, The Pinnacle, examines the Lutheran and Calvinist Reformations, whereby the doctrines of justification by grace through faith and the priesthood of all believers led to republican concepts of government by consent of the governed, social contract, God-given rights, and justified resistance against tyranny. Constitutional jurists such as Selden, Milton, Coke, Althusius, Grotius, Locke, Montesquieu, and Blackstone fused Biblical theology with the Common Law. To take root and grow, the Common Law needed fresh soil. In Book VI, The Beacon, the Anglicans establish the Common Law in Jamestown and the Southern Colonies, Puritans in the New England Colonies, Presbyterians, Quakers, Catholics, and others in the Middle Colonies. In 1776 they took the ultimate republican step of declaring independence. When, in 1787, 55 delegates gathered in Independence Hall to draft a Constitution, they did not write on a blank slate. Rather, they were prepared with thousands of years of "echoes of Eden," Holy Writ, and the Common Law. The event, Washington said, was "in the hands of God." This book provides information and answers, but just as important are the questions it raises about the nature, purpose, and source of law. Jurists have articulated it, philosophers have theorized about it, theologians have explored the moral principles that underlie it. Statesmen have enacted it, judges have interpreted it, sheriffs have enforced it, soldiers have defended it, kings have implemented it. And then, after the fact, people have written about it, to try to explain what it is, and what it should be. This is a journey worth taking, for its insight into mankind's legal heritage. The truths contained in these volumes will reverberate to future generations who may well need reminding, even as needed today, of the foundations as well as the Founder of the unique American system of Law.
Book Synopsis Contract Before the Enlightenment by : Stephen Bogle
Download or read book Contract Before the Enlightenment written by Stephen Bogle and published by Oxford University Press. This book was released on 2023-03-08 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.
Book Synopsis The Oxford Handbook of Christianity and Law by : John Witte, Jr.
Download or read book The Oxford Handbook of Christianity and Law written by John Witte, Jr. and published by Oxford University Press. This book was released on 2023 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
Book Synopsis History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617) by :
Download or read book History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617) written by and published by BRILL. This book was released on 2021-07-19 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects studies into the legal thought of Francisco Suárez. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to questions of legal theory, the chapters cover various branches of the law including private law, criminal law and international law.
Book Synopsis John Davenant's Hypothetical Universalism by : Michael J. Lynch
Download or read book John Davenant's Hypothetical Universalism written by Michael J. Lynch and published by Oxford University Press. This book was released on 2021 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Davenant's hypothetical universalism has consistently been misinterpreted and misrepresented as a via media between Arminianism and Reformed theology. This study examines Bishop John Davenant's hypothetical universalism in the context of early modern Reformed orthodoxy. In light of the various misunderstandings of early modern hypothetical universalism, including English hypothetical universalism, as well as the paucity of studies touching on the theology of John Davenant in particular, this dissertation: (1) Gives a detailed exposition of Davenant's doctrine of universal redemption in dialogue with his understanding of closely related doctrines such as God's will, predestination, providence, and covenant theology; and (2) defends the thesis that Davenant's version of hypothetical universalism represents a significant strand of the Augustinian tradition, including the early modern Reformed tradition. In service of these two aims, this dissertation examines the patristic and medieval periods as they provide the background for the Lutheran, Remonstrant, and Reformed reactions to the so-called Lombardian formula ("Christ died sufficiently for all; effectually for the elect"). Moreover, it traces how Davenant and his fellow British delegates at the Synod of Dordt shaped the Canons of Dordt in such a way as to allow for their English hypothetical universalism. A careful exposition of the various theses found in Davenant's De Morte Christi makes up the central core of this dissertation. Finally, this study explores Davenant's covenant theology and doctrine of the divine will"--
Book Synopsis A Companion to the Spanish Scholastics by : Harald Ernst Braun
Download or read book A Companion to the Spanish Scholastics written by Harald Ernst Braun and published by BRILL. This book was released on 2021-12-13 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.
Download or read book Knowledge of the Pragmatici written by and published by BRILL. This book was released on 2020-03-31 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity. The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture. Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.
