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Author: Wim Decock
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232842
Category : Law
Languages : en
Pages : 744
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Book Description
In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Author: Wim Decock
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232842
Category : Law
Languages : en
Pages : 744
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Book Description
In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Author: Paolo Astorri
Publisher: Verlag Ferdinand Schoningh
ISBN: 9783506701503
Category : Contracts
Languages : en
Pages : 657
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Book Description
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.
Author: Wim Decock
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508016
Category : Law
Languages : en
Pages : 3650
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Book Description
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author: Stephen Bogle
Publisher: Oxford University Press
ISBN: 0192884964
Category : History
Languages : en
Pages : 305
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Book Description
This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.
Author: John Witte
Publisher: Westminster John Knox Press
ISBN: 9780664255435
Category : Religion
Languages : en
Pages : 332
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Book Description
Analyzes the interplay between Christian theological norms and Western legal principles concerning marriage, examining the theology and law of marriage in the Catholic, Lutheran, Calvinist, Anglican, and Enlightenment traditions.
Author: Robert Cochran, Jr
Publisher: Routledge
ISBN: 1000225097
Category : History
Languages : en
Pages : 368
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Book Description
This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
Author: Heikki Pihlajamäki
Publisher: Oxford University Press
ISBN: 0191088374
Category : Law
Languages : en
Pages : 1217
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Book Description
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.
Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 1009038206
Category : Law
Languages : en
Pages : 1127
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Book Description
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.
Author: Michael J. Lynch
Publisher: Oxford University Press
ISBN: 0197555144
Category : Religion
Languages : en
Pages : 273
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Book Description
"John Davenant's hypothetical universalism has consistently been misinterpreted and misrepresented as a via media between Arminianism and Reformed theology. This study examines Bishop John Davenant's hypothetical universalism in the context of early modern Reformed orthodoxy. In light of the various misunderstandings of early modern hypothetical universalism, including English hypothetical universalism, as well as the paucity of studies touching on the theology of John Davenant in particular, this dissertation: (1) Gives a detailed exposition of Davenant's doctrine of universal redemption in dialogue with his understanding of closely related doctrines such as God's will, predestination, providence, and covenant theology; and (2) defends the thesis that Davenant's version of hypothetical universalism represents a significant strand of the Augustinian tradition, including the early modern Reformed tradition. In service of these two aims, this dissertation examines the patristic and medieval periods as they provide the background for the Lutheran, Remonstrant, and Reformed reactions to the so-called Lombardian formula ("Christ died sufficiently for all; effectually for the elect"). Moreover, it traces how Davenant and his fellow British delegates at the Synod of Dordt shaped the Canons of Dordt in such a way as to allow for their English hypothetical universalism. A careful exposition of the various theses found in Davenant's De Morte Christi makes up the central core of this dissertation. Finally, this study explores Davenant's covenant theology and doctrine of the divine will"--
