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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
A consistent, indigenous English doctrine of scriptural perspicuity correlates with a commitment to the availability of the vernacular scriptures in English and supports the English roots of the Early English Reformation (EER). Although political events and figures dominate the EER, its religious component springing from John Wyclif and streaming throughout the tradition must be recognized more widely. This book critically surveys the doctrine of scriptural perspicuity from the beginning of the Church in the first century (noted as early as John Chrysostom) through the seventeenth century, examining its impact on the current debates concerning competing hermeneutical systems, reader response hermeneutics, and the debates in conservative American Presbyterianism and Reformed theology on subscription to the Westminster Confession of Faith, the length of «creation days», and other issues.
This book explores the neglected significance of the doctrine of the Trinity for the understanding of human law. Through interaction with the thought of Jurgen Moltmann, Oliver O'Donovan and Thomas Aquinas, it argues that human law is called to play a positive but limited role in maintaining "shallow justice" and relative peace. Human law is overshadowed by the work of the Son, included in the purposes of the Father, and used as an instrument by the Holy Spirit. However, the Spirit works in those who are in Christ to effect "deep justice," a work of sanctification which culminates in glorification--the experience of perfect, free, willing obedience in heaven. Thinking about law in the light of the Trinity enables us to understand its role, its purposes, and its limits.
This collection addresses the substance of Richard Hooker's achievement as a theologian and philosopher in the context of principal themes of English Reformation thought. Five principal loci of Reformation discourse are addressed: the relation between the "orders" of Grace and Nature; the doctrines of Providence and Predestination; the Church and the liturgy; sacramental theology; and the polemical cut-and-thrust of the late-Elizabethan context. It is of interest to scholars, seminarians, and students.
This book is a comparative study of two Church Communities, specifically the Anglican Communion and the Universal Catholic Church. It demonstrates what caused the Church in England to break away from the Catholic Church, and focuses on how English Law has influenced the Church of England since the sixteenth century, and how the Common Law system has molded its doctrine and ecclesiology. In its comparison, it follows the Churches’ histories from their inception up until the English Reformation. It highlights the differences between the two Church Communities from that time, and gives a detailed study of the two Church Communities’ understanding of law, authority and ecclesiology and how these influence the governing aspects of their respective communities. Concomitantly, it discusses the differences between the two main figures of each Community, the Pope and the Archbishop of Canterbury. This book will appeal to Anglicans, Catholics, historians, lawyers, theologians and Christians in general.
Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
Richard Hooker explained and defended the Elizabethan religious and political settlement, and shaped the self-understanding of the Church of England for generations. This Companion offers a comprehensive and systematic introduction to Hookera (TM)s life, works, thought, reputation, and influence.
Richard Hooker and his Early Doctrine of Justification explores the doctrine of justification, the doctrine of faith and grace, and the doctrine of Scripture and use of reason in the early theology of Richard Hooker. In order to prove that Hooker was a Protestant Reformed theologian, Simuþ concentrates on Hooker‘s doctrine of justification as reflected in his Learned Discourse of Justification, which is the most important work of his early theology. Unlike previous books on Hooker which use primarily the theology of Luther and Calvin to draw conclusions, this book brings together quotations and ideas from the works of Luther, Melanchthon, Zwingli, Bucer, Calvin and Beza to show that Hooker was a Protestant Reformed theologian. Simuþ also discusses the theological context of Hooker‘s career by offering an analysis of the doctrine of justification in the theology of John Jewel, John Whitgift (Hooker‘s patrons), and Thomas Cartwright and Walter Travers (Hooker‘s Puritan opponents).