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An examination of a fundamental aspect of the intellectual history of early modern Europe.
In the early modern period, the conscience stood as a powerful mediator between God and man, directing and judging moral actions. This collection conveys the breadth of the conscience's jurisdiction, analyzing its impact on politics, religion, science, and the understanding of gender and sexuality. It demonstrates how individuals resolved ethical problems in these areas through applying the methods of casuistry, the branch of theology devoted to resolving difficult moral cases. However, casuistry itself was challenged by newer sources of moral guidance.
Donne and the Politics of Conscience in Early Modern England examines the responses of John Donne and his contemporaries to post-Reformation debate about authority and interpretation. It argues that the legal and epistemological principles, as well as the narrative practices, of casuistry provided an important resource for those caught in the welter of conflicting laws and religions. The first two chapters explore the political, historical, and theological contexts of casuistry, locating Donne in debates about the limits of reason and the relativity of law and ethics. Chapter three addresses Donne's concern with problems of moral decision and action, of knowledge and definition, in five of his prose works. Chapter four examines ways in which his verse assimilates and wittily subverts casuists' responses to epistemological and linguistic uncertainty. The study is particularly useful for literary critics, intellectual historians, and theologians.
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Knowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity. The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture. Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.
A series of lectures given in the mid-19th century addressing morality, ethics, and the relationship between religion and society. The lectures are considered foundational to modern ethical theory. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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.