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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.
Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.
Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.
In tracing theological approaches to music in the era between Luther and Bach, the author reveals the variety and tension in German Lutheran theology. Both dogmatism and devotionalism helped shape Lutheran spirituality. The introduction of Italian Baroque style into church music, however, evoked controversies which pitted Pietism against Orthodoxy and preachers against musicians.
Borders and Mobility in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable site for studying the ordering of movement. The focus is on safe-conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The study shows that attempts to escort travellers, issue letters of passage, or to criminalize the use of 'forbidden' roads served to transform rights of passage into excludable and fisca...
Hobbes's Behemoth has always been overshadowed by his more famous Leviathan, which is arguably his masterpiece and is one of the greatest works of political philosophy. Behemoth, Hobbes's "booke of the Civill Warr," on the other hand, is most often seen as little more than a history of the English Civil War and Interregnum. This volume contains analyses and interpretations of the Behemoth: the structure of its argument, its relation to Hobbes's other writings, and its place in its philosophical, theological, political, and religious historical context. It also explores the implications of Hobbes's analysis of the "causes of the civil-wars of England and of the councels and artifices by which they were carried on. The contributions show Hobbes's relevance for today's debates about the decline of sovereignty and the state, and the rise of religious and democratic fundamentalisms.
A translation of the famous 18th-century German treatise with introduction and detailed commentary