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Theologians and Contract Law
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.
Iter Italicum
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Kurienuniversität und stadtrömische Universität von ca. 1300 bis 1471
Amongst the oldest universities that of the Roman curia is the Great Unkown; little is known of the university of Rome (and of Avignon till 1378). To compensate the loss of sources materials mainly from the Vatican were intensively analysed and a prosopography of the dons and students (694 biograms in annex) drawn up. Some results: all three were legal universities of the southern type. The curial university was itinerant, it was continued at the general councils. Only when the curia resided there untroubled, the local schools of Rome (and Avignon) became great, international universities and different forms of association with the curial university were tried on. Rome was sought after by students from all over Europe for study of legal theory whereas praxis was learned at the papal court. Another attraction of Rome were the possibilities of attaining higher academic grades without much ceremony (first in theology, later also in law).
Viator, Medieval and Renaissance Studies, Volume 7 (1976)
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1976.
Masters of the Reformation
A general survey of academic thought and its impact on a wider world from the later Middle Ages to the emergence of Luther and the city Reformation. The book uses the early history of the University of Tubingen to illuminate late fifteenth-century theological developments and the first stirrings of the Reformation.
Succession Law, Practice and Society in Europe across the Centuries
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.
Contracts for a Third-Party Beneficiary
This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.
The Use of Canon Law in Ecclesiastical Administration, 1000–1234
The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period. Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.
Saint Cicero and the Jesuits
In this commanding study, Dr Maryks offers a detailed analysis of early modern Jesuit confessional manuals to explore the order's shifting attitudes to confession and conscience. Drawing on his census of Jesuit penitential literature published between 1554 and 1650, he traces in these works a subtly shifting theology influenced by both theology and classical humanism. In particular, the roles of 'Tutiorism' (whereby an individual follows the law rather than the instinct of their own conscience) and 'Probabilism' (which conversely gives priority to the individual's conscience) are examined. It is argued that for most of the sixteenth century, books such as Juan Alfonso de Polanco's Directory ...
Family Law and Society in Europe from the Middle Ages to the Contemporary Era
This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.
