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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 Christia...
Thomas Starkey (c. 1495-1538) was the most Italianate Englishman of his generation. This book places Starkey into new and more appropriate contexts, both biographical and intellectual, taking him out of others in which he does not belong, from displaced Roundhead to follower of Marsilio of Padua. Beginning with his native Cheshire, it traces his career through Oxford, Padua, Paris, Avignon, Padua again, and finally England, where he spent the last four years of his life trying to fulfil his ambition to serve the commonweal. Most of Starkey's career revolved around his patron Reginald Pole, scion of the highest nobility, but Starkey (and many other Englishmen) managed to balance loyalty to Pole with allegiance to Henry VIII. Out of favour with the king's secretary after the middle of 1536, Starkey turned increasingly to religion, continuing to cling to his conciliarist and Italian Evangelical opinions until his death.
This collaborative volume explores how the creation and the crossing of faculty, disciplinary and social boundaries contributed to the development of the medieval European university.
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their p...
Much research has been done on medieval marriage in the last decades. However, few books have a pronouncedly comparative approach. This book discusses how much was regional and universal in medieval marriage law and practices in Europe. The sources used range from secular and canon law to court practice and from images to private correspondence. Articles discuss medieval and Reformation Belgium, England, France, Germany, Italy, Lithuania, and Sweden. Both marriage formation and marital property, two intertwined aspects, are considered in the articles. The book offers fresh evidence on the scope of regional variation tolerated by the Church, regional practices, and European trends. Contributors are James A. Brundage, Cecilia Cristellon, Trevor Dean, Charles Donahue, Jr., Caroline Dunn, Mia Korpiola, Jurgita Kunsmanaitė, Anu Lahtinen, Anthony Musson, Philip L. Reynolds, Kirsi Salonen, Silvana Seidel Menchi, and Monique Vleeschouwers-Van Melkebeek.
A Companion to the Reformation in Geneva describes the course of the Protestant Reformation in the city of Geneva from the sixteenth to the eighteenth centuries. It explores the beginnings of reform in the city, the struggles the reformers encountered when seeking to teach, minister to, educate, and discipline the inhabitants of Geneva, and the methods employed to overcome these obstacles. It examines Geneva’s relations with nearby cities and how Geneva handled the influx of immigrants from France. The volume focuses on the most significant aspects of life in the city, examines major theological and liturgical subjects associated with the Genevan Reformation, and describes the political, s...
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more deta...
Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.
This unique collection makes available, for the first time, translations of medieval Italian jurisprudence, including commentaries, tracts, and legal opinions by leading jurists.
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a r...