Conscience and Casuistry in Early Modern Europe PDF Download
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Author: Edmund Leites
Publisher: Cambridge University Press
ISBN: 9780521520201
Category : History
Languages : en
Pages : 284
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Book Description
An examination of a fundamental aspect of the intellectual history of early modern Europe.
Author: Edmund Leites
Publisher: Cambridge University Press
ISBN: 9780521520201
Category : History
Languages : en
Pages : 284
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Book Description
An examination of a fundamental aspect of the intellectual history of early modern Europe.
Author: George McClure
Publisher: Cambridge University Press
ISBN: 1108470270
Category : History
Languages : en
Pages : 283
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Book Description
The classical tradition -- Renaissance antihero: Leon Battista Alberti's Momus, the novel -- Momus and the Reformation -- The execution of Giordano Bruno -- Milton's Lucifer -- God of modern criticks -- Momus and modernism
Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161947
Category : History
Languages : en
Pages : 380
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Book Description
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.
Author: Harald Ernst Braun
Publisher: Brill's Companions to the Chri
ISBN: 9789004294417
Category : History
Languages : en
Pages : 644
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Book Description
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.
Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161955
Category : History
Languages : en
Pages : 328
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Book Description
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.
Author: Desmond M. Clarke
Publisher: OUP Oxford
ISBN: 0191654256
Category : Philosophy
Languages : en
Pages : 616
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Book Description
In this Handbook twenty-six leading scholars survey the development of philosophy between the middle of the sixteenth century and the early eighteenth century. The five parts of the book cover metaphysics and natural philosophy; the mind, the passions, and aesthetics; epistemology, logic, mathematics, and language; ethics and political philosophy; and religion. The period between the publication of Copernicus's De Revolutionibus and Berkeley's reflections on Newton and Locke saw one of the most fundamental changes in the history of our way of thinking about the universe. This radical transformation of worldview was partly a response to what we now call the Scientific Revolution; it was equally a reflection of political changes that were no less fundamental, which included the establishment of nation-states and some of the first attempts to formulate a theory of international rights and justice. Finally, the Reformation and its aftermath undermined the apparent unity of the Christian church in Europe and challenged both religious beliefs that had been accepted for centuries and the interpretation of the Bible on which they had been based. The Handbook surveys a number of the most important developments in the philosophy of the period, as these are expounded both in texts that have since become very familiar and in other philosophical texts that are undeservedly less well-known. It also reaches beyond the philosophy to make evident the fluidity of the boundary with science, and to consider the impact on philosophy of historical and political events—explorations, revolutions and reforms, inventions and discoveries. Thus it not only offers a guide to the most important areas of recent research, but also offers some new questions for historians of philosophy to pursue and to have indicated areas that are ripe for further exploration.
Author: Morgan Clarke
Publisher:
ISBN: 9781526148902
Category :
Languages : en
Pages : 272
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Book Description
This book provides a new, interdisciplinary perspective on the importance of detailed rules to many of the world's ethical traditions. A valuable theoretical introduction sets the agenda for a series of comparative studies, spanning pre-modern Hindu ethics, Classical Rome and Christian casuistry, contemporary Judaism and the Islamic sharia.
Author: Thomas Duve
Publisher:
ISBN: 9789004421622
Category : LAW
Languages : en
Pages : 0
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Book Description
Knowledge of the pragmatici analyses pragmatic normative literature in colonial Ibero-America. It explores the circulation and the functions of these media in the Iberian peninsula, New Spain, Peru, New Granada and Brazil.
Author: Edward Vallance
Publisher: Boydell Press
ISBN: 9781843831181
Category : History
Languages : en
Pages : 278
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Book Description
An assessment of the importance of oaths, and the taking of, and the idea of national covenants during a turbulent time in English history. This book studies the oaths and covenants taken during the late sixteenth to the late seventeenth century, a time of great religious and political upheaval, assessing their effect and importance. From the reign of Mary I to the Exclusion crisis, Protestant writers argued that England was a nation in covenant with God and urged that the country should renew its contract with the Lord through taking solemn oaths. In so doing, they radically modified understandings of monarchy, political allegiance and the royal succession. During the civil war, the tendering of oaths of allegiance, the Protestation of 1641 and the Vow and Covenant and Solemn League and Covenant of 1643 (all describedas embodiments of England's national covenant) also extended the boundaries of the political nation. The poor and illiterate, women as well as men, all subscribed to these tests of loyalty, which were presented as social contracts between the Parliament and the people. The Solemn League and Covenant in particular continued to provoke political controversy after 1649 and even into the 1690s many English Presbyterians still viewed themselves as bound by itsterms; the author argues that these covenants had a significant, and until now unrecognised, influence on 'politics-out-of-doors' in the eighteenth century. EDWARD VALLANCE is Lecturer in Early Modern British History, University of Liverpool.
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
ISBN: 1107180694
Category : History
Languages : en
Pages : 823
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Book Description
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.
