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The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of both church and state, and in both religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. Profound changes in the areas of education, politics and marriage were to have long-lasting effects on the Protestant world, inscribed in the legal systems inherited from that period. John Witte, Jr. argues that it is not enough to understand the Reformation either in theological or in legal terms alone but that a perspective is required which takes proper account of both. His book should be essential reading for scholars and students of church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, the law, and history of ideas.
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.
The study based on interdisciplinary research by theologians and legal historians investigating the legal, philosophical and theological aspects of the Lutheran Reformation in the church and society, and the impact of the Reformation on law in the Nordic countries.
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.
This collection brings together lawyers and theologians in the U.S. and Europe to reflect on Lutheran understandings of the political use of the law by secular governments. The book furthers the intellectual conversation about how Lutheran insights can be used to develop jurisprudence and specific solutions to legal issues in which there is strong conflict. It presents the basic theological and interpretive assumptions of the Lutheran tradition as they may inform the creation of legislation and judicial interpretation at local, national and international levels. The authors explore Luther’s conception of the foundations of modern secular law and understanding of vocation. The work discusses the application of Lutheran theological principles to contemporary issues such as the war on terror, native land rights, property law, family law, church and state, medical experimentation, and the criminal law of rape, providing ethical insights for lawyers and lawmakers.
The distinction between God’s law and God’s gospel lies at the core of the Lutheran and Reformed traditions—and has long been a point of controversy between them. God’s Two Words offers new contributions from ten key Lutheran and Reformed scholars on the theological significance of the law-gospel distinction. Following introductory chapters that define the concepts of law and gospel from each tradition, contributors explore how the distinction between law and gospel plays out in theology, preaching, the reading of Scripture, and pastoral care. As it traces both the common ground and the areas of disagreement between the two traditions, this book amplifies and clarifies an important conversation that has been ongoing since the sixteenth century. CONTRIBUTORS Michael Allen Charles Arand Erik H. Herrmann Kelly Kapic Peter Malysz Mark C. Mattes Steven Paulson Katherine Sonderegger Scott Swain Kevin J. Vanhoozer
Charges of forgery, heresy, legalism, and immorality turn on the question of whether Martin Luther taught a third; use of the Law for the Christian life. For the past sixty years, well-meaning scholars believed they settled the question-with dire consequences;. Friends of the Law sets forth a completely new body of evidence that shows how little Luther's teaching was understood. This new look at the doctrine of the Law invites a new consensus that could change the way Christians view the Reformation and even their daily walk with God. Book jacket.
In Law and Gospel, Timothy Wengert, one of the world's leading Melancthon scholars, explores the relationship between poenitentia and law in his theology during the time he was opposed by another of Luther's disciples, John Agricola.0
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.
This book is not claiming Melanchthon rediscovered the gospel. That honor belongs to his friend and mentor, Martin Luther. Nevertheless, Dr. Lowell C. Green argues that Melanchthon helped Luther in the task. Dr. Green knew that in choosing the title, How Melanchthon Helped Luther Discover the Gospel, he risked arousing the prejudice of those who look on Melanchthon with suspicion. Green is not blind to Melanchthon's faults; at times, he is critical of him. But, he debunks the myth that when Melanchthon came to Wittenberg in 1518, Luther had already developed his Reformational doctrine. Green shows that Melanchthon brought the tools of humanism to the aid of the emerging agitation. Although maintaining a subordinate role to Luther, Melanchthon helped him repeatedly at the turning points of the Reformation. Green asserts that Melanchthon was the first to speak of the authority of the Bible over the church. In his Baccalaureate Theses of 1519, Melanchthon became the first to articulate the forensic nature of justification. Most surprisingly, Melanchthon helped Luther move from the medieval view of faith as credulitas or adhaesio (adherence) to the Reformational view of faith as fiducia (trust) and assurance of salvation. Luther testified that he learned this from Melanchthon in 1518. As late as 1519, Luther had not yet abandoned the medieval view of grace as an infused substance. Melanchthon again led the way in 1520 when he declared that grace was simply the attitude of God-His favor. In his 1521 Loci Communes Melanchthon not only pointed out that grace is not something in us, but he made the important distinction between "grace" and "the gift of grace" (the Holy Spirit). Luther generously acknowledged the brilliance of Melanchthon's Loci Communes. This and other accolades Luther showered on Melanchthon are an indication of young scholar's influence on the great reformer's central teachings. Lowell C. Green was one of America's foremost Luther scholars, and his body of work continues to inform and shape Reformation studies today. This edition of How Melanchthon Helped Luther Discover the Gospel is the fruition of more than twenty-five years of Luther studies. Dr. Green's central thrust was to challenge the "Young Luther" cult which originated in the early 1900s and gained such a stranglehold on Luther studies in the 1950s and 1960s. In this volume, Green marshals the evidence gathered over a lifetime of study, joining his voice to a choir of scholars who challenge the central thesis of the "Young Luther" movement. After thoroughly demonstrating that Luther's early works contained a medieval or Roman Catholic "analytical justification," Green traces the emergence of the Reformational doctrine and a real break with medieval theology beginning in 1519. Green amply demonstrates that the mature Luther subscribed to and frequently expressed the doctrine of justification in forensic terms so that the glory of our salvation could be ascribed wholly to Christ and for the comfort of conscience against the accusing power of the law.