Law And The Christian Tradition In Italy

Author : Orazio Condorelli,Rafael Domingo
Publisher : Routledge
Page : 472 pages
File Size : 49,8 Mb
Release : 2020-07-02
Category : History
ISBN : 9781000079197

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Law and the Christian Tradition in Italy by Orazio Condorelli,Rafael Domingo Pdf

Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Author : Kjell Å Modéer,Helle Vogt
Publisher : Routledge
Page : 388 pages
File Size : 53,7 Mb
Release : 2020-10-08
Category : History
ISBN : 9781000201536

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Law and The Christian Tradition in Scandinavia by Kjell Å Modéer,Helle Vogt Pdf

This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.

Author : James Morton
Publisher : Oxford University Press
Page : 320 pages
File Size : 41,6 Mb
Release : 2021-03-04
Category : History
ISBN : 9780192605399

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Byzantine Religious Law in Medieval Italy by James Morton Pdf

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religious laws of the Byzantine church; out of thirty-six surviving manuscripts of Byzantine canon law produced between the tenth and fourteenth centuries, the majority date to the centuries after the Norman conquest. Byzantine Religious Law in Medieval Italy is a historical study of these manuscripts, exploring how and why the Greek Christians of medieval southern Italy persisted in using them so long after the end of Byzantine rule. The first part of the book provides an overview of the source material and the history of Italo-Greek Christianity. The second part examines the development of Italo-Greek canon law manuscripts from the last century of Byzantine rule to the late twelfth century, arguing that the Normans' opposition to papal authority created a laissez faire atmosphere in which Greek Christians could continue to follow Byzantine religious law unchallenged. Finally, the third part analyses the papacy's successful efforts to assert its jurisdiction over southern Italy in the later Middle Ages. While this brought about the end of Byzantine canon law as an effective legal system in the region, the Italo-Greeks still drew on their legal heritage to explain and justify their distinctive religious rites to their Latin neighbours.

Author : Philip A. Rapisarda
Publisher : Unknown
Page : 156 pages
File Size : 48,7 Mb
Release : 1993
Category : Christian civilization
ISBN : 0964251205

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Book One, the Italian Influence on Western Law and Culture by Philip A. Rapisarda Pdf

Author : Robert F. Cochran, Jr,Michael P. Moreland
Publisher : Routledge
Page : 318 pages
File Size : 43,9 Mb
Release : 2020-11-22
Category : History
ISBN : 9781000225051

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Christianity and Private Law by Robert F. Cochran, Jr,Michael P. Moreland Pdf

This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.

Author : Thomas Glyn Watkin
Publisher : Routledge
Page : 269 pages
File Size : 46,7 Mb
Release : 2018-12-20
Category : Law
ISBN : 9780429760532

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The Italian Legal Tradition by Thomas Glyn Watkin Pdf

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy’s place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

Author : John Witte, Jr.
Publisher : Cambridge University Press
Page : 333 pages
File Size : 49,9 Mb
Release : 2021-11-04
Category : Law
ISBN : 9781108429207

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The Blessings of Liberty by John Witte, Jr. Pdf

A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.

Author : Norman Doe
Publisher : Routledge
Page : 272 pages
File Size : 47,9 Mb
Release : 2020-09-27
Category : Law
ISBN : 9781000192872

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Church Laws and Ecumenism by Norman Doe Pdf

Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law. The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities. The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.

Author : James Morton
Publisher : Unknown
Page : 128 pages
File Size : 49,7 Mb
Release : 2021
Category : Electronic
ISBN : 0192605380

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Byzantine Religious Law in Medieval Italy by James Morton Pdf

Author : Rafael Domingo
Publisher : CUA Press
Page : 353 pages
File Size : 45,9 Mb
Release : 2023
Category : Law
ISBN : 9780813237299

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Law and Religion in a Secular Age by Rafael Domingo Pdf

Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension?and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.

Author : Marco Ventura
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2013
Category : Church and state
ISBN : 9041148582

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Religion and Law in Italy by Marco Ventura Pdf

Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this convenient resource provides systematic information on how Italy deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law.

Author : Erik Jones,Gianfranco Pasquino
Publisher : Oxford University Press
Page : 801 pages
File Size : 43,6 Mb
Release : 2015
Category : Italy
ISBN : 9780199669745

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The Oxford Handbook of Italian Politics by Erik Jones,Gianfranco Pasquino Pdf

The Oxford Handbook of Italian Politics provides a comprehensive look at the political life of one of Europe's most exciting and turbulent democracies. Under the hegemonic influence of Christian Democracy in the early post-World War II decades, Italy went through a period of rapid growth and political transformation. In part this resulted in tumult and a crisis of governability; however, it also gave rise to innovation in the form of Eurocommunism and new forms of political accommodation. The great strength of Italy lay in its constitution; its great weakness lay in certain legacies of the past. Organized crime--popularly but not exclusively associated with the mafia--is one example. A self-contained and well entrenched 'caste' of political and economic elites is another. These weaknesses became apparent in the breakdown of political order in the late 1980s and early 1990s. This ushered in a combination of populist political mobilization and experimentation with electoral systems design, and the result has been more evolutionary than transformative. Italian politics today is different from what it was during the immediate post-World War II period, but it still shows many of the influences of the past.

Author : Grzegorz Blicharz
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Page : 226 pages
File Size : 45,9 Mb
Release : 2019
Category : Law
ISBN : 9788366344143

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Freedom of Religion. A Comparative Law Perspective by Grzegorz Blicharz Pdf

Freedom of Religion. A Comparative Law Perspective consists of five chapters, looking at freedom of religion, particularly the display of religious symbols, in Poland, Italy, Hungary, and the United States. It provides a concise and very insightful look into the legal regimes of four nations, allowing reader to get a solid comparative view of public religious displays in these countries. Each chapter has sufficient depth and overall this edited volume will be a useful resource to scholars and jurists in this area. Dr. James C. Phillips, Stanford University’s Constitutional Law Center The presented volume leads to an in-depth reflection on the issue of the display of religious symbols in the public sphere, which is widely discussed today. Most of the articles prove that secularism of the contemporary state ruled by law targets Christian symbolism (cross, cradle, the Decalogue). Christian religious symbols shall always be inscribed in the temporal order, otherwise they have no chance to be displayed in the public sphere. In this way, the rights of Catholic believers, as one of the dominant religious groups, are restricted in the name of the protection of religious and areligious minorities. As a result, the aim is to bring about the actual equality of all religions and – ultimately – the final removal of the Christian tradition from Western culture. Against this background, Polish (as well as Hungarian and Italian) judicial decisions present a different approach, which – as the authors of the volume prove – presents a position in favour of the presence of religious symbolism in the public sphere. The multifaceted evaluation of the inconsistency, casuistry and nuance of the jurisprudence of the US Supreme Court is extremely creative and interesting. It allows to conclude that the jurisprudence of the US Supreme Court, which usually limits the presence of religious symbols in the public forum, has not yet become universally binding. The pluralism of philosophical and religious attitudes still constitutes the axiological core of American democracy. Prof. dr hab. Andrzej Dziadzio, Jagiellonian University in Kraków

Author : Mario Ascheri
Publisher : BRILL
Page : 443 pages
File Size : 44,8 Mb
Release : 2013-07-11
Category : History
ISBN : 9789004252561

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The Laws of Late Medieval Italy (1000-1500) by Mario Ascheri Pdf

In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.

Author : Daniela Saresella
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 44,9 Mb
Release : 2019-10-17
Category : History
ISBN : 9781350061439

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Catholics and Communists in Twentieth-Century Italy by Daniela Saresella Pdf

Catholics and Communists in Twentieth-Century Italy explores the critical moments in the relationship between the Catholic world and the Italian left, providing unmatched insight into one of the most significant dynamics in political and religious history in Italy in the last hundred years. The book covers the Catholic Communist movement in Rome (1937-45), the experience of the Resistenza, the governmental collaboration between the Catholic Party (DC) and the Italian Communist Party (PCI) until 1947, and the dialogue between some of the key figures in both spheres in the tensest years of the Cold War. Daniela Saresella even goes on to consider the legacy that these interactions have left in Italy in the 21st century. This pioneering study is the first on the subject in the English language and is of vital significance to historians of modern Italy and the Church alike.