Liberty and Law

Author: Brian Tierney
Publisher: CUA Press
ISBN: 9780813225814
Release Date: 2014-02-14
Genre: Law

Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.

Gratian s Tractatus de Penitentia

Author: Gratian
Publisher: CUA Press
ISBN: 9780813228679
Release Date: 2016-07-22
Genre: Religion

Gratian's Decretum is one of the major works in European history, a text that in many ways launched the field of canon law. In this new volume, Atria Larson presents to students and scholars alike a critical edition of De penitentia (Decretum C.33 q.3), the foundational text on penance, both for canon law and for theology, of the twelfth century. This edition takes into account recent manuscript discoveries and research into the various recensions of Gratian's text and proposes a model for how a future critical edition of the entire Decretum could be formatted by offering a facing-page English translation. This translation is the first of this section of Gratian's De penitentia into any modern language and makes the text accessible to a wider audience. Both the Latin and the English text are presented in a way to make clear the development of Gratian's text in various stages within two main recensions. The edition and translation are preceded by an introduction relating the latest scholarship on Gratian and his text and are followed by three appendices, including one that provides a transcription of the relevant text from the debated manuscript Sankt Gallen, Stiftsbibliothek 673, and one that lists possible formal sources and related contemporary texts. This book provides a full edition and translation of the text studied in depth in Master of Penance: Gratian and the Development of Penitential Thought and Law in the Twelfth Century (CUA Press, 2014) by the same author.

Conciliarism and Heresy in Fifteenth Century England

Author: Alexander Russell
Publisher: Cambridge University Press
ISBN: 9781107172272
Release Date: 2017-07-31
Genre: History

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.

Christianity

Author: Stephen Hunt
Publisher: Routledge
ISBN: 9781351951760
Release Date: 2017-05-15
Genre: Religion

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.

Engaging Leviticus

Author: Mark W. Elliott
Publisher: Wipf and Stock Publishers
ISBN: 9781610974110
Release Date: 2011-12-15
Genre: Religion

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.

Roman Law in European History

Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 9781139427876
Release Date: 1999-05-13
Genre: History

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.

The Spirit of Islamic Law

Author: Bernard G. Weiss
Publisher: University of Georgia Press
ISBN: 9780820328270
Release Date: 2006
Genre: Law

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.

The Collected Papers of Frederic William Maitland

Author: Frederic William Maitland
Publisher: Cambridge University Press
ISBN: 9781107645066
Release Date: 2013-10-31
Genre: Law

Originally published in 1911, this book forms one of three volumes of the collected papers of legal historian Frederic William Maitland. The texts cover a broad range of areas, with some philosophical and biographical subject matter, but for the most part they relate to the spheres of legal and social history.