Lutheran Theology And Contract Law In Early Modern Germany Ca 1520 1720

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Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720)

Author : Paolo Astorri
Publisher : Verlag Ferdinand Schoningh
Page : 657 pages
File Size : 42,9 Mb
Release : 2019
Category : Contracts
ISBN : 3506701509

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Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) by Paolo Astorri Pdf

It is clear that the Lutheran Reformation greatly contributed to changes in theological and legal ideas - but what was the extent of its impact on the field of contract law? Legal historians have extensively studied the contract doctrines developed by Roman Catholic theologians and canonists; however, they have largely neglected Martin Luther, Philip Melanchthon, Johann Aepinus, Martin Chemnitz, Friedrich Balduin and many other reformers. This book focuses on those neglected voices of the Reformation, exploring their role in the history of contract law. These men mapped out general principles to counter commercial fraud and dictated norms to regulate standard economic transactions. The most learned jurists, such as Matthias Coler, Peter Heige, Benedict Carpzov, and Samuel Stryk, among others, studied these theological teachings and implemented them in legal tenets. Theologians and jurists thus cooperated in resolving contract law problems, especially those concerning interest and usury.

Christianity and Private Law

Author : Robert F. Cochran, Jr,Michael P. Moreland
Publisher : Routledge
Page : 318 pages
File Size : 54,9 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.

Contract Before the Enlightenment

Author : Stephen Bogle
Publisher : Oxford University Press
Page : 305 pages
File Size : 43,8 Mb
Release : 2023-03-08
Category : Law
ISBN : 9780192884985

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Contract Before the Enlightenment by Stephen Bogle Pdf

Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.

The Oxford Handbook of Christianity and Law

Author : John Witte, Jr.,Rafael Domingo
Publisher : Oxford University Press
Page : 921 pages
File Size : 47,9 Mb
Release : 2023
Category : Education
ISBN : 9780197606759

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The Oxford Handbook of Christianity and Law by John Witte, Jr.,Rafael Domingo Pdf

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 Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

A Companion to the Spanish Scholastics

Author : Harald Ernst Braun,Erik De Bom,Paolo Astorri
Publisher : BRILL
Page : 643 pages
File Size : 50,9 Mb
Release : 2021-12-13
Category : History
ISBN : 9789004296961

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A Companion to the Spanish Scholastics by Harald Ernst Braun,Erik De Bom,Paolo Astorri Pdf

A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.

Envisioning the Christian Society

Author : Mattias Skat Sommer
Publisher : Mohr Siebeck
Page : 252 pages
File Size : 47,9 Mb
Release : 2020-05-19
Category : Religion
ISBN : 9783161594564

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Envisioning the Christian Society by Mattias Skat Sommer Pdf

Niels Hemmingsen (1513-1600) is one of the most influential Danish theologians in history. As a professor at the University of Copenhagen, Hemmingsen played an important role in moulding Danish society according to his understanding of Lutheranism during the second half of the sixteenth century. Drawing on sociology of knowledge, cultural memory, and confessional culture, Mattias Skat Sommer examines Hemmingsen's works and life in political and theological contexts. By studying Hemmingsen's role in forming a discourse of social interaction, the author argues that Hemmingsen was the leading agent in shaping post-Reformation Danish confessionalization. In doing so, Sommer emphasises the fluid boundaries of the Danish Reformation and adjusts two prominent theoretical frameworks discussed in contemporary research on early modern Europe, namely those of confessionalization and confessional culture.

The Cambridge Companion to Hugo Grotius

Author : Randall Lesaffer,Janne E. Nijman
Publisher : Cambridge University Press
Page : 659 pages
File Size : 45,9 Mb
Release : 2021-09-16
Category : History
ISBN : 9781107198838

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The Cambridge Companion to Hugo Grotius by Randall Lesaffer,Janne E. Nijman Pdf

Offers an overview of Grotius' work and thought, from his historical, theological and political writing to his seminal legal interventions.

The School of Salamanca: A Case of Global Knowledge Production

Author : Anonim
Publisher : BRILL
Page : 444 pages
File Size : 51,8 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789004449749

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The School of Salamanca: A Case of Global Knowledge Production by Anonim Pdf

Over the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production. Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.

Utopian Thinking in Law, Politics, Architecture and Technology

Author : van Klink, Bart,Soniewicka, Marta,van den Broeke, Leon
Publisher : Edward Elgar Publishing
Page : 321 pages
File Size : 55,6 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781803921402

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Utopian Thinking in Law, Politics, Architecture and Technology by van Klink, Bart,Soniewicka, Marta,van den Broeke, Leon Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.

Disguised Academic Plagiarism

Author : M. V. Dougherty
Publisher : Springer Nature
Page : 170 pages
File Size : 47,8 Mb
Release : 2020-07-11
Category : Philosophy
ISBN : 9783030467111

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Disguised Academic Plagiarism by M. V. Dougherty Pdf

This volume is the first book-length study of disguised forms of plagiarism that mar the body of published research in humanities disciplines. As a contribution to applied research ethics, this practical guide offers a typology of the principal forms of disguised plagiarism. It provides detailed analyses, in-depth case studies, and useful flow charts to assist researchers, editors, and publishers in protecting the integrity of the body of published research literature. Disguised plagiarism is more subtle than copy-and-paste plagiarism; all its varieties involve some additional concealment that creates further distance between the plagiarizing text and its source. These disguised forms are the most difficult forms of plagiarism to detect. Readers of the volume will become acquainted with the subtler forms of plagiarism that corrupt the production and dissemination of knowledge in humanities fields. The book is valuable not only to those interested in research ethics, but also to those in humanities fields including philosophy, theology, and history.

Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

Author : Wouter Druwé
Publisher : BRILL
Page : 837 pages
File Size : 52,5 Mb
Release : 2019-12-09
Category : Law
ISBN : 9789004416529

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Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680) by Wouter Druwé Pdf

Based on consilia and decisions, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries.

Das achtzehnte Jahrhundert 44/1

Author : Stefanie Stockhorst
Publisher : Wallstein Verlag
Page : 153 pages
File Size : 48,7 Mb
Release : 2020-05-27
Category : Literary Criticism
ISBN : 9783835344457

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Das achtzehnte Jahrhundert 44/1 by Stefanie Stockhorst Pdf

Das achtzehnte Jahrhundert" wurde 1977 als Mitteilungsblatt der "Deutschen Gesellschaft für die Erforschung des achtzehnten Jahrhunderts" (DGEJ) gegründet und erscheint seit 1987 als wissenschaftliche Zeitschrift. Die Zeitschrift erscheint halbjährlich und ist im Aufsatzteil im Wechsel aktuellen Themen gewidmet oder frei konzipiert. Im Rezensionsteil legt sie Wert auf aktuelle Besprechungen zu einem weit gefächerten Spektrum von thematisch repräsentativen und methodologisch aufschlussreichen Fachpublikationen. Entsprechend der interdisziplinären Ausrichtung der DGEJ enthält sie Beiträge aus allen Fachrichtungen.

John Davenant's Hypothetical Universalism

Author : Michael J. Lynch
Publisher : Oxford University Press
Page : 273 pages
File Size : 55,5 Mb
Release : 2021
Category : Religion
ISBN : 9780197555149

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John Davenant's Hypothetical Universalism by Michael J. Lynch Pdf

"John Davenant's hypothetical universalism has consistently been misinterpreted and misrepresented as a via media between Arminianism and Reformed theology. This study examines Bishop John Davenant's hypothetical universalism in the context of early modern Reformed orthodoxy. In light of the various misunderstandings of early modern hypothetical universalism, including English hypothetical universalism, as well as the paucity of studies touching on the theology of John Davenant in particular, this dissertation: (1) Gives a detailed exposition of Davenant's doctrine of universal redemption in dialogue with his understanding of closely related doctrines such as God's will, predestination, providence, and covenant theology; and (2) defends the thesis that Davenant's version of hypothetical universalism represents a significant strand of the Augustinian tradition, including the early modern Reformed tradition. In service of these two aims, this dissertation examines the patristic and medieval periods as they provide the background for the Lutheran, Remonstrant, and Reformed reactions to the so-called Lombardian formula ("Christ died sufficiently for all; effectually for the elect"). Moreover, it traces how Davenant and his fellow British delegates at the Synod of Dordt shaped the Canons of Dordt in such a way as to allow for their English hypothetical universalism. A careful exposition of the various theses found in Davenant's De Morte Christi makes up the central core of this dissertation. Finally, this study explores Davenant's covenant theology and doctrine of the divine will"--

A History of Law in Europe

Author : Antonio Padoa-Schioppa
Publisher : Cambridge University Press
Page : 823 pages
File Size : 43,8 Mb
Release : 2017-08-03
Category : History
ISBN : 9781107180697

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A History of Law in Europe by Antonio Padoa-Schioppa Pdf

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

The Cambridge History of Judaism: Volume 2, The Hellenistic Age

Author : William David Davies
Publisher : Cambridge University Press
Page : 766 pages
File Size : 49,7 Mb
Release : 1984
Category : Religion
ISBN : 0521219299

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The Cambridge History of Judaism: Volume 2, The Hellenistic Age by William David Davies Pdf

Vol. 4 covers the late Roman period to the rise of Islam. Focuses especially on the growth and development of rabbinic Judaism and of the major classical rabbinic sources such as the Mishnah, Jerusalem Talmud, Babylonian Talmud and various Midrashic collections.