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How was power justified in late medieval Europe? What justifications did people find convincing, and why? Based around the two key intellectual movements of the fifteenth century, conciliarism in the church and humanism, this study explores the justifications for the distribution of power and authority in fifteenth- and early sixteenth-century Europe. By examining the arguments that convinced people in this period, Joseph Canning demonstrates that it was almost universally assumed that power had to be justified but that there were fundamentally different kinds of justification employed. Against the background of juristic thought, Canning presents a new interpretative approach to the justifications of power through the lenses of conciliarism, humanism and law, throwing fresh light on our understanding of both conciliarists' ideas and the contribution of Italian Renaissance humanists.
"How was power justified in late medieval Europe? What justifications did people find convincing, and why? Based around the two key intellectual movements of the fifteenth century, conciliarism in the church and humanism, this study explores the justifications for the distribution of power and authority in fifteenth- and early sixteenth-century Europe. By examining the arguments that convinced people in this period, Joseph Canning demonstrates that it was almost universally assumed that power had to be justified but that there were fundamentally different kinds of justification employed. Against the background of juristic thought, Canning presents a new interpretative approach to the justifications of power through the lenses of conciliarism, humanism and law, throwing fresh light on our understanding of both conciliarists' ideas and the contribution of Italian Renaissance humanists"--
Intended for the professional academic and graduate student, this book is the first to utilize the methodology of a oeNew Streama legal scholarship in an extended critical a oeexegesisa of Hugo Grotiusa (TM) "De Indis" (c.1604-6). "De Indis" is predicated upon a two-fold discursive strategy: (i) investing a oeprivatea Trading Companies with a oepublica international legal personality, and (ii) collapsing the distinction between a oeprivatea and a oepublica warfare. Governing the operation of textual interpretation is "De Indis"a (TM) status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a a oeprimitivea system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of "De Indis" consists of a discursive a oemicro-oscillationa between the a oethicka ontology of Late Scholasticism (a oeUtopiaa ) and the a oethina ontology of Civic Humanism (a oeApologya ) wholly appropriate to the governance requirements of the embryonic Modern World-System.
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.
This book explores how the fathers of humanist jurisprudence contributed to the emergence of ius gentium as the common law not simply of Europe, but of all mankind, in the early sixteenth century.
This book is the first contextual account of the political philosophy and natural law theory of the German reformer Philipp Melanchthon (1497-1560). Mads Langballe Jensen presents Melanchthon as a significant political thinker in his own right and an engaged scholar drawing on the intellectual arsenal of renaissance humanism to develop a new Protestant political philosophy. As such, he also shows how and why natural law theories first became integral to Protestant political thought in response to the political and religious conflicts of the Reformation. This study offers new, contextual studies of a wide range of Melanchthon's works including his early humanist orations, commentaries on Aristotle's ethics and politics, Melanchthon's own textbooks on moral and political philosophy, and polemical works.
This collection of essays by David Little addresses human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays, Little articulates his view that fascist practices before and during World War II vivified the wrongfulness of deliberately inflicting severe pain, injury, and destruction for self-serving purposes and that the human rights corpus, developed in response, was designed to outlaw all practices of arbitrary force. He contends that while there must be an accountable human rights standard, it should guarantee latitude for the expression and practice of beliefs, consistent with outlawing arbitrary force. Little details the theoretical grounds of the relationship between religion and human rights, and concludes with essays on US policy and the restraint of force in regard to terrorism. With a foreword by John Kelsay, this book is a capstone of the work of this influential writer on religion, philosophy, and law.
The Encyclopedia of Christian Theology, translated from the French Dictionnaire Critique de Théologie 2nd Edition, features over 530 entries, contributed by 250 scholars from fifthteen different countries. Alphabetically arranged entries provide the reader a critical overview of the main theological questions and related topics, including concepts, events, councils, theologians, philosophers, movements, and more. Hailed as a "masterpiece of scholarship," this reference work will be of great interest and use for scholars, students of religion and theology as well as general readers.
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.
Is the God of Calvin a fountain of blessing, or a forceful tyrant? Is Calvin's view of God coercive, leaving no place for the human qua human in redemption? These are perennial questions about Calvin's theology which have been given new life by Gift theologians such as John Milbank, Graham Ward, and Stephen Webb. J. Todd Billings addresses these questions by exploring Calvin's theology of `participation in Christ'. He argues that Calvin's theology of `participation' gives a positive place to the human, such that grace fulfils rather than destroys nature, affirming a differentiated union of God and humanity in creation and redemption. Calvin's trinitarian theology of participation extends to his view of prayer, sacraments, the law, and the ecclesial and civil orders. In light of Calvin's doctrine of participation, Billings reframes the critiques of Calvin in the Gift discussion and opens up new possibilities for contemporary theology, ecumenical theology, and Calvin scholarship as well.