Author: Alexander Russell
Publisher: Cambridge University Press
Release Date: 2017-07-31
The general councils of the fifteenth century constituted a remarkable political experiment, which used collective decision-making to tackle important problems facing the church. Such problems had hitherto received rigid top-down management from Rome. However, at Constance and Basle, they were debated by delegates of different ranks from across Europe and resolved through majority voting. Fusing the history of political thought with the study of institutional practices, this innovative study relates the procedural innovations of the general councils and their anti-heretical activities to wider trends in corporate politics, intellectual culture and pastoral reform. Alexander Russell argues that the acceptance of collective decision-making at the councils was predicated upon the prevalence of group participation and deliberation in small-scale corporate culture. Conciliarism and Heresy in Fifteenth-Century England offers a fundamental reassessment of England's relationship with the general councils, revealing how political thought, heresy, and collective politics were connected.
For two millennia Christianity has embraced fairly consistent views of human sexuality. Today, there exist more varied outlooks on the subject. This volume on Christianity in the The Library of Essays on Sexuality and Religion series overviews the contrasting Christian perceptions of sexuality. Part 1 includes a number of previously published articles that are theological in nature and present biblical interpretations of sexuality. Here, several Christian voices are permitted to speak from their varied perspectives, both conservative and liberal. Part 2 features contributions focusing on the Christian tradition of celibacy and asceticism. Part 3 surveys scholarly work emphasising the relationship between sexuality, gender and patriarchy. Part 4 offers academic interpretations of Christian expressions of sexuality through the mediums of worship, ritual and the sacraments. The final part peruses contemporary contestations of conventional Christian views. This is undertaken by presenting articles examining views of gay sexuality, assisted human reproduction and priestly celibacy.
Author: Peter Stein
Publisher: Cambridge University Press
Release Date: 1999-05-13
This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.
Author: Mark W. Elliott
Publisher: Wipf and Stock Publishers
Release Date: 2011-12-15
This commentary weaves together the interpretations of Christian exegetes, spanning the past two thousand years, who have concerned themselves with that most mysterious of texts, the book of Leviticus. Even when their commentaries seem most fanciful, the depths of meaning of the Hebrew text comes through in all its many and diverse translations and applications. What we discover is evidence of a biblical text at work in some of the most eloquent of spokespersons throughout the generations. The third book of the Bible is happily enjoying a resurgence of interest in Jewish and Christian quarters alike, being received as a book for the life of the faithful community. What is attempted here is the story of its Western-Christian reception.
Author: R. H. Helmholz
Publisher: Oxford University Press on Demand
Release Date: 2003
This is one of the first volumes to appear in a landmark new series, The Oxford History of the Laws of England. It traces the history of the reception and role of the canon law in England between 597 and 1649, examining both the establishment of ecclesiastical courts and the heads of jurisdiction within them. Legal practice is viewed against the background of the formal canon law.Readership: Libraries and scholars of ecclesiastical law and history, canon law and history, Medieval and Early Modern history, and comparative law.
Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
Release Date: 2012-10-12
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author: Alan Watson
Publisher: University of Georgia Press
Release Date: 2008
This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Author: Bernard G. Weiss
Publisher: University of Georgia Press
Release Date: 2006
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
Author: Gert Melville
Publisher: LIT Verlag Münster
Release Date: 2011
"Charity" as a Christian and, in particular, also a monastic virtue was a complex phenomenon in the Middle Ages. This book outlines the field of charity in the monastic form of life. The collected essays approach the subject from different angles, which present themselves as especially significant. The focus is placed both upon older communities oriented towards separation from the world, as well as upon those open to the world and interested in interaction with all people, so that insights can be gained into the mutual fraternal charity within the convents and monasteries along with charity towards all. Additionally, the book touches upon the wide spectrum of the communication levels of charity. Not least, attention is given to the pivotal point of charity - the systemic embedding of charity between people in the love of man for God, which leads to assimilation with Him. In doing so, the purpose was to draw attention to the fertility of the subject and to outline its importance for the history of the vita religiosa. (Series: Vita regularis - Ordnungen und Deutungen religiosen Lebens im Mittelalter. Abhandlungen - Vol. 45)