This chapter examines the immediate background of the emergence of the highly influential insular canonical collections and investigates the way they relate to the earliest canonical texts compiled in Ireland and Anglo-Saxon England. It discusses the Irish collection of canons Collectio Canonum Hibernensis and the Canons of Theodore, and explores how the compilers of canonical literature approached an age-old problem inherent to medieval canon law. The chapter also outlines the governing principles which characterised insular canonical thinking and shows that the (...) Collectio Canonum Hibernensis was firmly grounded in an insular canonical tradition. (shrink)

Francisco de Vitoria (c. 1485-1546) is well-known for his philosophical contributions to natural rights and international law. However, his extensive work on the conflict between civil authority and the authority of the Catholic Church has been largely neglected by political theorists and intellectual historians. While scholars have recently recognized the significant role played by natural law in the history of political secularism, they have focused almost exclusively on the “modern” natural law theories of Hobbes, Pufendorf, and Thomasius, as opposed to (...) the “scholastic” natural law of early modern Thomists like Vitoria. This essay undertakes an analysis of Vitoria’s use of natural law theory in his approach to civil-ecclesiastical conflict. Contrary to critiques from the “modern” natural lawyers, it argues that Vitoria’s idea of natural law spearheads a forceful defence of the autonomy of civil power from ecclesiastical power. Based on his sharp distinction between the natural and the supernatural spheres of human life, Vitoria argues for a “dualist” position in which civil and ecclesiastical powers are independent and equally binding on human consciences. The essay acknowledges that Vitoria’s dualism ultimately gives way to his endorsement of papal supremacy over all Christian princes. However, this papalist conclusion does not follow from Vitoria’s natural law theory but rather from an opposing political principle: the notion of the universal Christian commonwealth. (shrink)

Hooker’s Of the Laws of Ecclesiastical Polity and Shakespeare’s The Taming of the Shrew represent the issues of sociality and dissent in strikingly similar terms and articulate a common social vision. Both writers strive to harmonize social unity with inward liberty. Hooker seeks not only to refute the non-conformity of his Puritan opponents, but to reconcile them, in both heart and mind, to the social order to which they belong. Similarly, Petruchio convincingly demonstrates to Katherine that the common good (...) and her own personal happiness substantially coincide in the reciprocity and communion of marriage. (shrink)

This is an accessible language edition of Richard Hooker's Of the Laws of Ecclesiastical Polity, the major prose work of the English 16th century.

The recent studies on the relations between humanism or humanists and jurisprudence convince that Reneaissance, especially in XVIth century, when the national states began to raise, belonged to the periods of increased interest in the issue of law. Although Erasmus was not a layer, nor he introduced in any of his works a complete theory of law, he maintained close relations with many leading theoreticians of the law and jurists and sometimes spoke in the legal discussions of his age. Among (...) hist most important works concerning the matter of law were: Institutio principis Christiani, Ratio seu Methodus verae theologiae, Christiani matrimonii institutio, De interdicto esu carnium and Ecclesiastes. In the paper I’m going to concentrate on this latter work, in which Erasmus discusses the significance of preaching, preacher and widely understood Christian rhetoric. In the Ecclesiastes Erasmus touches the law subject with the special emphasis on historical character of law and relations between the divine law, the law of Christ and the law of Nature. After a short discussion about his understaning of law I will concentrate on the essential differentiation between the letter of law and the spirit of law, and I will point at proposed by Erasmus ways of introduction of law into human life. Erasmus, on the one hand, escaped a rigidity and abstraction of law and, on the other, he neutralised an aspect of the coercion of law. In his solution Erasmus appreciated the political dimension of preaching and acknowledged preacher as a more important guide of the people, than ruler. I’m going to interpret the Erasmian concept of preaching as an rhetorical mean of introduction of law in analogical way to “introduction” proposed by Plato in his Nomoi. (shrink)

ABSTRACTCommentators have commonly noted the metaphysical role of participation in Richard Hooker’s Of the Lawes of Ecclesiastical Polity: participation both describes how creation is suspended from God and also how believers share in Christ through grace. Yet, the role in Hooker’s thought of the attendant Platonic language of ‘between’ and ‘desire’ has not received sustained attention. Metaxu describes the ‘in-between’ quality of participation: the participant and the participated remain distinct but are dynamically related as the former originates from and (...) returns to the perfection of the latter. Within this metaxological dynamic, desire acts as the physical and psychic motor driving the move between potentiality and perfect actuality, that is to say from multiplicity to divine unity: desire aims at goodness and so ultimately tends towards that which is goodness itself, namely God’s nature. For Hooker, desire becomes couched in amorous affectivity and has an erotic register. This essay explores, then, how Hooker appeals to a language of ‘between’ and ‘desire’ within his accounts of participation. First, it examines how human beings exist between the footstool and throne of God in Hooker’s legal ontology. Here, angelic desire acts as a hierarchical pattern of and spur to erotic participation in the divine nature. Second, this essay examines how theurgy transforms desire in Hooker’s account of liturgical participation as a redemptive commerce between heaven and earth. Here, angels still act as invisible, hierarchical intermediaries within earthly worship, but soon give way to immediate grace through participation in Christ within the sacraments. (shrink)

For Kant’s moral universalism, contingent religious law is legitimate only when it serves as a means of fulfilling the moral law. Though Kant uses traditional theological resources to account for the possibility of “statutory ecclesiastical law” in historical religions, he denies this possibility to Jewish law. Something like Kant’s logic appears in the work of some of his intellectual successors who continue to define Christianity in terms of its moral superiority to Judaism while attempting to excise remaining “Jewish” elements (...) from it. A more adequate account of the Hebrew Bible, Judaism, and the origins of Christianity exposes deficiencies in Kant’s universalizing logic which seems to deny any intrinsic value to historical religions. A possible alternative may lie in a modified account of the relationship between the moral law and religious law, perhaps nourished by Jewish thought, including the rabbinic tradition of the Noachide commandments. (shrink)

Is "natural law" actually the "Laws of Nature" as Thomas Jefferson explains in the Declaration of Independence, meaning the rights of Life, Liberty & the pursuit of Happiness, or the ecclesiastical view which holds that laws of the government must conform to "natural laws" in order to be binding? This text examines this conflict, yet leads the reader to draw his own conclusions.

Adiaphora and permissive natural law both conceptually pointed towards an arena of liberty in which the individual remained free to take up particular courses of action. In the Reformation debates over the external regulation of Christian freedom for the maintenance of peace and order, these two concepts became freighted with political significance; but they also in turn shaped attitudes over when and where obedience was due in relation to the civic regulation of liberty. Tudor apologetics deployed both ideas in order (...) to defend the English Reformation, especially the claim of the royal supremacy to have due authority to regulate ecclesiastical affairs in indifferent matters, limiting Christian freedom and requiring obedience. By situating these debates within the context of the conceptual development of adiaphora and permissive natural law from their original philosophical roots through to the Reformation, this article establishes the genealogy of claims that defined such apologetics. After surveying the seemingly intractable dilemmas in the thought of Thomas Starkey and John Whitgift over why obedience to lay ecclesiastical supremacy was due, this article considers the radical return to the permissive natural law traditions of the medieval period in the Elizabethan conformist thought of Richard Hooker. In this return, Hooker supplanted divine permissions and scriptural principles as the guide for the proper regulation of indifferent matters with an appeal to the light of reason as the divine instrument through which binding human laws are made to govern society and limit freedom for the public good, even in the life of the national church. (shrink)

The article aims to provide a semiotic interpretation of the sign of the Ecclesiastical Court within the legal framework from temporal and spatial perspectives. The starting point of the research is the idea that the history of the Russian Ecclesiastical Court is inextricably linked to the history of Russian society and secular court. Consideration of the pre-revolutionary ecclesiastical and secular law helps us explore principles of the ecclesiastical proceedings and organization, identify contradictions in understanding modern (...) class='Hi'>Ecclesiastical Court. Its sign is not only limited to the legal interpretation. In his novel The Brothers Karamazov, Dostoevsky F. M. gave the sign of the Ecclesiastical Court symbolic meaning and, thus, expanded it beyond the existing legal framework. The Ecclesiastical Court is one of the symbols of Russian spirituality which is reflected in the concept of “Russian soul”. Rational elements of the sign of Ecclesiastical Court as well as its sensual and metaphorical components, are analyzed using the category of Truth. Clearly, the Cross is sign-symbol for Christianity. But if applied to the concept of Ecclesiastical Court, the Orthodox Cross becomes a sign-index. As a result, several semantically heterogeneous meanings of the sign of Ecclesiastical Court are revealed and described. (shrink)

The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that the ECHR approved the (...) principles of the German jurisprudence in these cases. Therefore, its impact on the practice will be rather marginal as it does not obtain such a far-reaching significance that a change in the jurisprudence regarding dismissals is to be expected. The judgements merely raised the awareness for the set of problems in the context of ecclesiastic employers and whistle blowing. In this regard, the article will try to provide the reader with basic directions on how to deal with this jurisprudence. Finally, the authors argue that concerns, the ECHR could evolve into a further instance reviewing all German judgements not only regarding the question if there is a violation of the Convention or not but regarding the correctness of the findings are unfounded. On the other side, the article addresses the problem that – apparently – applications have been declared admissible by the ECHR despite Art. 35 para. 1 of the European Convention on Human Rights because the final decision on the national level – dismissing the complaint as inadmissible – did not reveal the reason why the application did not succeed. (shrink)

The publication in 1957 of the Wolfenden Report occasioned a celebrated controversy in which profound theoretical issues concerning the relation between law and morality, and the legal enforcement of morality were discussed. The principal disputants were Lord Justice Devlin and Professor H. L. A. Hart. It is by now well known that the main recommendation of the Wolfenden Report was the reform of the criminal law so that homosexual behaviour in private between consenting male adults should no longer be a (...) criminal offence. As homosexual behaviour in Christendom was at the outset punishable in the ecclesiastical courts, and subsequently, with the demise of the ecclesiastical courts, in the secular courts, the Wolfenden recommendation on homosexuality marked a major departure from the prevailing state of affairs in which the precepts of Christian morality, especially relating to sexual morals, were at first enforced by the ecclesiastical courts, and then by the secular courts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar PopovicPius Pietrzyk O.P.Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory. By Petar Popovic. Foreword by F. Russell Hittinger. Washington, D.C.: The Catholic University of America Press, 2022. Pp. xv + 307. $75.00 (hardcover). ISBN: 978-0-8132-3550-9.About a decade ago the former Cardinal Archbishop of Chicago, H. E. (...) Francis Cardinal George, one of the great theologian bishops of the American episcopate, issued a letter on a piece of pending legislation in the state of Illinois. The focus of the letter was on the teaching of the natural law, and why adherence to the natural law required opposition to the proposed legislation. In response, a well-known law professor at a prestigious secular [End Page 710] law school in the state wrote a public response for an online political website. The focus of his argument was to criticize the notion of natural law according to his understanding of the teaching of St. Thomas Aquinas. It is not necessary to describe the details of his argument, other than to say it tended to understand natural law as mere naturalism that evinced a fairly glaring misreading of the Angelic Doctor. That is, the secular legal scholar argued, in essence, that since the activity in question was observable by animals in nature, that it was therefore part of the natural law, and could be defended as a right. To this, a Thomistic sed contra is perhaps the most fitting response.As this story makes clear, there is a great ignorance of what constitutes the natural law in the secular consciousness, even among the most respected of secular legal scholars, to say nothing of the application of the natural law to the juridic world of law and politics. Perhaps the last hurrah of natural law, at least in the American public consciousness, was then Sen. Joseph Biden’s famous grilling of Supreme Court nominee Clarence Thomas on the subject in 1991. Since then, legal positivism has become nearly universal, divorcing legal norms from any realistic understanding of a common human nature. It has become the dominant ideology in America’s legal academies, even if some adherents of natural law remain in positions of authority in the judicial system.Although it has faded from the world of secular law in the United States, the tradition of natural law has retained a firm hold in Catholic thought, especially by that religious order dedicated to the teachings of its most brilliant adherent, St. Thomas. Not only Thomistic natural law, but proponents of the so-called new natural law continue to provide a vibrant source of debate and insight into the understanding of the natural law in evaluating the goodness of human action. Pope John Paul II’s famous encyclical Veritatis Splendor represents the magisterial commitment to the natural law approach in moral thinking, even if some might believe that commitment has weakened in recent years.To a lesser degree, there has remained a strong current of natural law thinking within the currents of legal philosophy in canon law, even if the precise connection between natural law and its juridic instantiation has not always been the focus. Among recent ecclesiastical legal theorists, arguably the most influential proponent of a robust natural law approach to legal philosophy was the Spanish canonist Javier Hervada Xiberta, and especially his Introducción crítica al derecho natural, currently in its tenth Spanish edition. A disciple of Jose Maria Escriva’s Opus Dei movement, Hervada was a long-serving and internationally respected dean of the School of Law in Navarre. Through his teaching and the various journals he founded, he insisted on the link between law and justice—lex and ius. Hervada was firmly convinced of the realism of law: law is nothing less than the ipsa res iusta. That notion of ius was not simply an idea, but recognized a real relationship of debt and obligation between persons. [End Page 711]In this, Hervada saw himself as the proponent not of some novel theory, but merely of one... (shrink)

This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and how it happens (...) the consolidation of the system thanks to the regulation. In this way, it is possible to pay attention to the American experimental evolution (not lineal or exceptional –as many U.S.hand-books pretend): from colonial Blue Laws (or Sunday regulation), up to the current regulation on freedom of religion and non-discrimination. Also, this paper offers a systematic set of diverse legal sources (e.g. Executive orders & rules, Legislative statutes, Judicial cases & resolutions). Another goal of this paper is the evaluation of the allegedly paradoxical policies and regulations in this field, during the last two Administrations (Clinton and W. Bush); both of them, from extreme views (linked at the end), they used incorrectly the religious factor, and they confused the institutions. The result seems to be a landed in the Postmodernity (less realistic and more speech based). (shrink)

Discusses the Laws of Nature from the ecclesiastical view that, ultimately, Mankind must answer to a higher Being. In the Preface, the author refers to Philosophers such as Plato, Aristotle, Socrates, & Tully, as "Heathens".

The chapter discusses the limits of testamentary freedom in medieval Swedish law. Last wills, testaments and donations for pious causes were introduced in Sweden in the twelfth century. Some thirteenth-century papal decretals indicate that according to Swedish law, the consent of relatives was required to valid deathbed donations. This was condemned as a “perverse custom” by the popes, advocating testamentary freedom. However, both these decretals and the Swedish thirteenth- and early fourteenth-century provincial laws provide evidence of the tensions between (...) class='Hi'>ecclesiastical authorities and Swedish lay society. The provincial laws limited testamentary freedom regarding various aspects: requiring the consent of the heirs, the timing of the bequest, the proportion of the donation vis-à-vis the whole property of the donor, and type of property. With the free assent of one’s closest heirs, all and any restrictions of testamentary freedom could be overcome. In legal practice, donators often sought to ensure the consent of their heirs in advance. They used them as witnesses and signatories, they used redemption clauses or bought off relatives with claims to the property. Acquiring the consent of heirs to wills and donations of land became customary practice in later medieval Sweden. (shrink)

In 1215 the Fourth Lateran Council banned priestly involvement in the unilateral judicial ordeal, thus effectively bringing to an end the centuries-old practice of appealing to the judicium Dei as a means of resolving legal disputes. This article explores the reasons behind this seminal development in Western legal history; its principal theme is that they are more complex than modern scholars have allowed. Detailed consideration is given to the canonico-theological criticisms specifically aimed at the ordeal by contemporary critics, as well (...) as to the sweeping reforms of ecclesiastical criminal procedure initiated by Pope Innocent III in the closing years of the 12th century. It will be argued that although these factors contributed to the demise of the ordeal, they do not account for the decision to abandon it. When placed in its proper legislative context, it will be seen that that decision was a product of a long-standing campaign by Church reformers to secure the spiritual mission of the clergy by establishing a clear division of labour between the ecclesiastical order and the secular world. Finally, it will be argued that the ordeal was abandoned because Church reformers regarded it as irrational and, consequently, that the claim that it only came to be seen as irrational because it was abandoned, should be rejected. (shrink)

ABSTRACT Pierre Bayle developed an expansive theory of toleration in his Commentaire philosophique by arguing that tolerance is a universal principle of natural law. However, by situating toleration in natural law rather than positive law, Bayle was brought into theoretical conflict with the Old Testament injunction that the state should punish idolatry. To resolve this conflict, Bayle drew upon the work of early modern Hebraists, particularly the Catholic biblical scholar Richard Simon. Bayle adapted Simon’s idea that theocracy uniquely shaped the (...) institutions of ancient Israel to argue that prohibitions against idolatry should be exclusive to the Hebrew republic. Bayle argued that the Mosaic Law did not punish someone for their sincerely held religious beliefs but only prohibited treason, and these circumstantial laws should not be emulated by other states. This allowed Bayle to contend for the moral veracity of the Old Testament and the notion that toleration is an unconditional principle of natural law. Bayle’s use of Simon displayed the revolutionary potential of textual critical scholarship in the early modern period, as he adapted Simon’s critical ideas to his own aims of promoting religious toleration within the ecclesiastical and civic spheres of his own confessional context. (shrink)

THE PURPOSE OF THE PRESENT EXPOSITION is to put forward an interpretation of Locke's and Hooker's conception of the finding of the law. The topics which will be examined are the knowledge and content of the different types of law and, above all, the standard of the good law. That Locke and Hooker used the same language, to a large extent, in treating the concept of law can be seen immediately in a comparison of Locke's Essays on the Law of (...) Nature, Two Treatises on Government, and Essay on Human Understanding with the first book of Hooker's Laws of Ecclesiastical Polity. This similarity facilitated Locke's recourse to Hooker's texts when he wanted to strengthen some of the arguments of the Second Treatise. But is the use of similar language not deceptive in the present case? Do terms used in 1690 intend the same meaning as they did when used in 1660? After nearly four decades of conflicting interpretations of Locke's political and philosophical texts, one can hardly expect to offer a new answer. This analysis will explore the similarity within the framework of a traditional, natural law interpretation of Locke. We shall find that, in Hooker's Laws and Locke's Two Treatises, we are faced with the same pattern of exposition concerning natural law and its source. Following this path of inquiry represents a decision to put aside, for the time being, the influential but highly problematic suggestion that Locke wished to deceive his readers in the exposition of some of the most central parts of his political theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Relationship between Theology and Canon Law: Another Context of Political Thought in the Early Fourteenth CenturyTakashi ShogimenPolitical thought and ecclesiology in the early fourteenth century have often been assessed as a series of responses to the question of the relationship between church and state. The conflict between Pope Boniface VIII and Philippe IV at the turn of the thirteenth and fourteenth centuries acutely demonstrated the conflict between the (...) spiritual and temporal powers. The conflict between Pope John XXII and the claimant to the imperial throne, Ludwig of Bavaria, also seems to have formed the historical background against which contemporary intellectuals expounded their political and ecclesiological thought. Two recent excellent textbooks on medieval political thought discussed the early fourteenth century from such a perspective and situated Marsilius of Padua and William of Ockham, along with their papalist adversaries, in this context. 1It is indeed a fair treatment of the period; however, it is not the only legitimate perspective. For instance, an alternative perspective can be developed through an examination of the Poverty Controversy between Pope John XXII and the Franciscans. This dogmatic dispute over the question of whether Christ and the apostles did not own anything individually or communally had a political dimension: it involved discussions on the nature of papal power over the church and resulted in the refinement of the idea of natural rights. 2 The dichotomy [End Page 417] between the papal and imperial camps can also mislead historical interpretation if the fact that each camp was not monolithic is overlooked. Just as Marsilius and Ockham embraced different political views in the alleged imperial camp, so the alleged papal ideologists did not always share the same views. It has even been argued that the doctrines propounded by “papalists” and “anti-papalists” were not irreconcilable but differed only in emphasis. 3 It is easy to see that the problem of Church and State is not the all-embracing concern of the period.What, then, are the possible benchmarks against which we can evaluate the political views of contemporary thinkers? This paper is intended to suggest that there is another context against which political thought and ecclesiology in the early fourteenth century may be assessed: that is, the relationship between theology and canon law. The contemporary polemicists’ view on the role that theology and canon law should play in an ecclesiastical dispute such as the Poverty Controversy largely determined their political or ecclesiological perspectives. To show this, I should like to compare, in the context of the poverty dispute, the ecclesiological views of two theologians in the so-called “papalist” and “anti-papalist” camps respectively: Guido Terreni and John Baconthorpe on the one hand, and William of Ockham and Michael of Cesena on the other. The comparison between Terreni and Baconthorpe will elucidate clearly that their contrasting attitude toward the role of canon law in contemporary ecclesiastical disputes determined the paradigms of their ecclesiologies, resulting in two entirely different ecclesiologies, save the fact that they were both aimed at defending the position of Pope John XXII on Franciscan poverty. The comparison between Ockham and Michael of Cesena will reveal how their contrasting views on the nature of the Poverty Controversy—theological or canonistic—determined not only the pattern of their defense of the Franciscan doctrine of poverty but also the development of their polemics.The relationship between theology and canon law had been a perennial problem ever since the latter had grown into an independent discipline. Scholastic theologians in the thirteenth century were critical of canon law studies. Bonaventure, for example, affirmed theology’s superiority over canon law: he wrote that theology questioned propter quid, whereas canon law enquired into [End Page 418] quia. Bonaventure, following Aristotle, asserted that there are higher and lower sciences, and what for the higher science, theology, is the conclusion of its enquiry is for the lower science, canon law, its starting point. 4 Thomas Aquinas considered that the intrusion of the decretalists into theological matters was disagreeable and ridiculous, 5 as did Roger Bacon. 6 These theologians’ comments testify to the antagonism between theologians and canonists in the thirteenth century. Lawyers, too, were fully aware of this situation, as seen... (shrink)

Books reviewed:Mark Munn, The School of History: Athens in the Age of SocratesKathryn Morgan, Myth and Philosophy from the Presocratics to PlatoMary Margaret McCabe, Plato and his Predecessors: The Dramatization of ReasonJohannes M. van Ophuijsen, Plato and Platonism.Nicholas D. Smith and Paul B. Woodruff, Reason and Religion in Socratic PhilosophyAndrew Gregory, Plato's Philosophy of ScienceHugh H. Benson, Socratic Wisdom: The Model of Knowledge in Plato's Early DialoguesAngela Hobbs, Plato and the Hero: Courage, Manliness and the Impersonal GoodMelissa Lane, Plato's Progeny: (...) How Plato and Socrates still Captivate the Modern MindAlan G. Gross and Arthur E. Walzer, Rereading Aristotle's RhetoricEdward Grant, God and Reason in the Middle AgesJohn Marenbon and Giovanni Orlandi, Peter Abelard’s Collationes.Terence Penelhum, Themes in Hume: The Self, the Will, ReligionStephan R. Palmquist, Kant's Critical ReligionJohn Lippitt, Humour and Irony in Kierkegaard's ThoughtDavid B. Allison, Reading the New Nietzsche: The Birth of Tragedy, The Gay Science, Thus Spoke Zarathustra, On the Genealogy of MoralsMaurice Blondel, The Idealist Illusion and Other EssaysDaniel O. Dahlstrom, Heidegger's Concept of TruthLawrence J. Hatab, Ethics and Finitude: Heideggerian Contributions to Moral PhilosophyMichel Foucault, L’Herméneutique du sujet: Cours au Collège de France W. W. Meissner, Freud and PsychoanalysisScott Sturgeon, Matters of Mind: Consciousness, Reason and NatureDavid Jopling, Self–Knowledge and the SelfDouglas C. Langston, Conscience and Other Virtues: From Bonaventure to MacIntyreMartin Rhonheimer, Natural Law and Practical Reason: A Thomist View of Moral AutonomyPhilippa Foot, Natural GoodnessJohn Leslie, Infinite Minds. A Philosophical CosmologyBerys Gaut and Dominic McIver Lopes, The Routledge Companion to AestheticsPaul Kurtz, Embracing the Power of HumanismJohn Gray, Two Faces of LiberalismDonald A. Hay and Alan Kreider, Christianity and the Culture of Economics.Marcia Bunge, The Child in Christian ThoughtDean Hoge, Willian Dinges, Mary Johnson and Juan Gonzales, Young Adult CatholicsStephan C. Barton, Life Together: Family, Sexuality and Community in the New Testament and TodayColin E. Gunton, Stephen R. Holmes and Murray A. Rae, The Practice of Theology: A ReaderDavid Jobling, Tina Pippin and Ronald Schleifer, The Postmodern Bible ReaderThomas L. Martin, Reading the Classics with C. S. Lewis. (shrink)

Waters, Ian The Australian hierarchy was established by Pope Gregory XVI in 1842. Since then, there have been six national Catholic councils held in Australia. The first two, celebrated in 1844 and 1869, are known as the First Provincial Council of Australia and the Second Provincial Council of Australia, as until 1874 the Australian dioceses were all in the one ecclesiastical province with Sydney being the sole metropolitan see. In 1874, a second province - Melbourne - was established, and (...) the national councils since then - four of them, celebrated in 1885, 1895, 1905 and 1937 - have been called plenary councils, the term used in the Catholic Church in recent centuries for councils whose participants are from more than one ecclesiastical province; in the past, terms such as regional councils or national councils have been used. As we all know, another plenary council for Australia is planned to commence in 2020. (shrink)

THE ENLIGHTENMENT IS DISTINGUISHED from other periods of history by two major characteristics: 1) the widespread belief that it was superior morally and intellectually to all those periods which preceded it, and 2) the conviction that human faculties, reason or moral sense, are primarily responsible for this achievement. The Enlightenment was marked, furthermore, by radical change in the organization of society and by rapid progress in the applications of scientific technology to the production of goods and services. Since political and (...) ecclesiastical authorities were challenged during the Enlightenment, revolutions, both democratic and industrial, have been its fruit. Inherited traditions and established institutions were often overthrown or overhauled in order to release the human energies, ideas, and values which promoted the erection of new institutions. (shrink)

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

The twenty-five canons of the council that Patriarch Warmund of Jerusalem and King Baldwin II of Jerusalem convened in Nablus on 16 January 1120 constitute the only extant body of Latin ecclesiastical legislation promulgated in the First Latin Kingdom of Jerusalem . Yet neither council nor canons have drawn much attention. Fulcher of Chartres, who lived in Jerusalem from 1100 to 1127 and left behind a detailed chronicle, does not waste a word on the council. William of Tyre, who (...) began to write his chronicle in about 1170 and worked on it until 1184, summarizes the introduction to the canons and reproduces the list of the council's participants but, oddly enough, skips the canons themselves, claiming that they may easily be found in the archives of many churches in the kingdom. (shrink)

Catholic legal and doctrinal tradition defined two main cases for the canonization of saints: until very recently, sainthood was related either to martyrdom or to the heroic practice of virtues, ascertained through a well-defined judicial procedure. In 2017, Pope Francis renewed this ancient tradition by introducing a third case, consisting in the “offering of life”, namely the sacrifice of one’s life in the name of charity, intended as Christian love for the others. The “offering of life” is placed at the (...) center of an ongoing process of mediation between papal authority, the judicial praxis of the causes for canonization, and ecclesiastic law. The introduction of this new type of sainthood can be explained in light of the growing difficulty to apply the two traditional grids of behavior established by the Church in the evaluation of the life of new kinds of persons who enjoy a widespread fame of sanctity, but are not conform to the strict jurisprudential criteria of martrydrom and heroicity. Therefore, the debate surrounding the “offering of life” entails a dialectics between the necessity of a rationalized set of models, providing precise—and thus evaluable—“narrative programs” and defining a circumscribed number of canonizable human types, and the unprecedented multiplication of instances of sanctity in the contemporary world. (shrink)

The essays joined in this volume investigate the role of the religious reform movements since the 16th century in the transformation of the Western legal tradition, focussing on a particular topic: how Jurisprudence had to deal with the reference to conscience, virulent for all confessional positions. Research on the teachings of Lutheran, Calvinist, and Roman Catholic theologians and jurists from the 16th up to the early 18th century, most often examined separately, is brought together in a comparative perspective. The essays (...) comprise studies on legal concepts of conscience and on their implementation in the teachings in Public Law and in Canon or Ecclesiastical Law from the perspectives of theology, law, and philosophy. (shrink)

Si durante siglos el Derecho Eclesiástico se identificó con el conjunto de normas emanadas de la Iglesia Católica, considerándose como sinónimo del Derecho Canónico, el proceso histórico de formación del mismo se iniciaría cuando el Estado se considera legitimado para legislar en materias eclesiásticas, defendiendo su propia soberanía frente al monopolio de la competencia del Derecho de la Iglesia, hasta entonces pacíficamente reconocido, fenómeno que se produjo de forma diversa en los países católicos que en aquellos en que triunfó la (...) reforma protestante. Su consolidación como Ciencia jurídica autónoma, primero en Italia y, posteriormente en España, desde la perspectiva actual del Estado moderno, no se explica ya, sin embargo, como el fruto de un intervencionismo estatal en materia religiosa sino sobre la base del reconocimiento, tutela y promoción de los derechos humanos y, en particular, del derecho de libertad religiosa.If the historical training process of the Ecclesiastic Law was begun when the State was considered legitimated to legislate in ecclesiastic matters, defending its own front sovereignty against the monopoly of the domain of the Law of the Church, at present, its consolidation as autonomous legal Science has been possible thanks to the recognition, tutela and promotion of the human rights and, in particular, of the right to religious freedom. (shrink)

In the current debate of possible ways to reform the structure and organisation of the protestant church in Germany the general question has come up, whether concepts of the Lutheran church, which are founded on ecclesiology or protestant ecclesiastical law, in principle prohibit institutional changes or not. Regarding this problem, the essay discusses the institution of the Protestant church in aspects of theology and ecclesiasticallaw. The CA assumes that religious belief constitutes the church and gives structure to it as (...) a means for spiritual communication between the faithful. Starting from this point the essay argues that the church is essentially non-institutional. Nevertheless it is a part of the dialectics of the concept of the institutionally organised church that even this non-institutionality gains itself an institutional structure. Because of this the essay pleads for a pragmatic view on church institutions: there are reasons to change or to cling to these structures, but these reasons are only pragmatic ones, when the concept of the church, which is derived from theology and protestant ecclesiasticallaw, is considered as given. (shrink)

In line with his theory of secularization according to which all significant concepts of the modern theory of the state are secularized theological concepts, Carl Schmitt argues in Constitutional Theory that people’s (Volk) constitution-making power in modern democracy is analogical to God’s potestas constituens in medieval theology. It is also undoubtedly possible to find a resemblance between Schmitt’s constitution-making power and God’s power as it is described in medieval theology. In the same sense as the constitution-making power is absolutely free (...) from all normative ties, God’s potestas constituens, or rather, God’s potentia absoluta is free from such ties. Yet, unlike the Schmittian constitution-making power, God’s potentia absoluta was not, in medieval theology, originally intended as a description of some form of divine action: the absolute power of God referred to the total possibilities initially open to God. However, when the canonists started to employ the term potentia absoluta in their speculations concerning the papal plenitude of power (plenitude potestatis) by the end of the thirteenth century, they used it in a different sense than the theologians previously. According to certain canonists, the pope, by his potentia absoluta, could grant de facto dispensations from divine and ecclesiastical laws. Later on, this notion became a theological notion as well, but given its origin in juridical discourse, the constitution-making power, rather than being a secularized theological notion, is a theologized juristic notion. (shrink)

This article argues that the alleged transfer of the remains of Julian to the church of the Holy Apostles in Constantinople may well have taken place. The fact that contemporary sources do not mention the transfer is not extraordinary. Furthermore, no legal reasons for excluding his reburial in the Apostoleion complex existed in the fourth century when burials were still under the jurisdiction of Roman, not ecclesiastical, law.

The canonists’ determination of the sphere of sanction provides an insight into the foundations of ecclesiastical tolerance. There is indeed an ecclesiastical tolerance that leads the magisterium to limit the scope of penal normativity for theological and pastoral reasons. The distinction between sin and crime, well known to canonists, is justified less by recourse to decretals or decisions of councils than by a return to the discourses of the Church Fathers. The definition of the notion of crime in (...) canon law and beyond owes a debt to Augustine’s meditation on the Donatist quarrel: according to this approach, it is a question of tolerating the tares. (shrink)

Religion, law, and politics: historical contexts -- Religion and the limits of philosophy -- The prince and the church: the critique of Lutheran papalism -- Ecclesiastical history and the rise of clerical tyranny -- The history of Roman law -- Natural law (I): the institutes of divine jurisprudence -- Natural law (II): the transformation of Christian Thomasiuss natural jurisprudence -- The interpretation of nature -- Conclusion: reason and faith in the early German Enlightenment.

In 1245 Canon Law reaches an apex. A Lawyer-Pope Innocent IV proclaims at the Œcumenical Council of Lyons the prestige of Canon Law and his professors. Canon Law is perceived as a new and sometimes controversial ecclesiastical science of power. This new status can be explained by the growth of the ius commune in Italian universities and the rivalries between Roman Law, Canon Law and theology. Innocent IV promotes the figure of the ecclesiastical judge. He also delineates an (...) ecclesiology where the world would be united by an universal religion of Natural Law. (shrink)

Le Centre autonome d'enseignement et de pédagogie religieuse (CAEPR) également appelé département de théologie est un département pédagogique de l'UFR de Sciences humaines et sociales de l'université de Lorraine situé à Metz. Les particularités statutaires du CAEPR découlent d’une convention du 25 mai 1974 conclue entre le Saint-Siège et la République française. Elle fixe les prérogatives de l’évêque de Metz dans le fonctionnement de ce département notamment pour la nomination des enseignants chercheurs. L’objectif principal de ce centre est de fournir (...) aux clercs et aux laïcs chargés de l'enseignement religieux catholique dans les écoles primaires et secondaires de la Moselle une formation appropriée. Les autorités religieuses ont de plus sur une longue période demandée aux futurs prêtres de se former dans le cadre du CAEPR. L’évêque de Metz a décidé en 2018 de rompre les liens avec le CAEPER et de mettre fin à la formation universitaire publique des cadres religieux en regrettant que ces formations trop élitistes ne prennent pas en compte les « dimensions humaine, spirituelle et pastorale ». (shrink)

Der Protestantismus hat ein Problem mit der Welt: Die reformatorische Behauptung eines dreifachen SOLA - Gnade, Glaube, Schrift - bricht die Kirche aus der Welt heraus, eröffnet aber neben dem schlichten Glaubensbekenntnis keine überzeugenden Kommunikationsmöglichkeiten. Wie kann nun das bürgerliche Verhältnis dieser Kirche zu der sie umgebenden Welt gedacht werden? Kann sie überhaupt in rechtlicher Gemeinschaft mit der Welt leben? Verfügt sie über geeignete Mittel, an der Gestaltung dieser Gemeinschaft mitzuwirken?Ausgehend von dem Blick auf die »Kehrseite« des SOLA - die (...) radikale Vergottlosung der Welt - und der daran notwendig sich anschließenden Zuordnung von Reformation und Neuzeit weist Jochen Bohn nach, daß der bei Luther und Calvin angelegte Bruch zwischen Kirche und Welt den Anschluß an die vermittelnde Naturrechtstradition verhindert. Des Naturrechtes als einer Brücke zur Welt entledigt, steht der Protestantismus vor dem Dilemma, sich in bürgerlichen Dingen entweder einer weltflüchtigen, oder aber einer christlich-despotischen Orientierung hingeben zu müssen. Am Beispiel Helmut Thielickes und Karl Barths zeigt Bohn, daß diese Not sich selbst in den Sozialtheorien des modernen Protestantismus äußert. Die evangelische Theologie, so die These, wird sich nur dann helfen, wird nur dann eine »gelassene Weltlichkeit« entwickeln können, wenn sie den theologischen Zustand in Fragen des Rechtes zu verlassen und in einen philosophischen Zustand einzutreten bereit ist. Bohn fordert die protestantische Theologie dazu auf, sich Philosophie als pure Weltweisheit wieder neu brauchbar zu machen. Für diese Perspektive stellt er erste theoretische Grundlagen bereit. Möglich wird die - theologisch motivierte! - Hinwendung zur Philosophie durch eine Rehabilitierung der ursprünglichen, durch Bohn jedoch deutlich korrigierten und damit neu zugänglichen Lösung des protestantischen Konfliktes mit der Welt: durch die Rückkehr zur Zwei-Reiche-Idee. (shrink)

The petitions received and the letters sent by the Papal Chancery between the 12th–14th century attest the recognition of invalidity by the Papacy. They acknowledge the existence of a physical or mental infirmity and allow the supplicant to adapt his or her missions of cleric or Christian according to his or her abilities. These documents lie at the boundary between the institutional word and practical sources. Supplicant’s solicitations bring about an intense and complex epistolary production, whose main actors are the (...) disabled individuals and the curial and ecclesiastical personnel. They reveal the specific legislation of the institution and lead to a definition of infirmity by the Papal Chancery, one that categorizes invalid bodies according to their physical or mental condition. Curia’s replies to solicitations, based on a case law system, constitute further evidence of the recognition of the disabled person’s condition. The supplications and letters thus constitute an excellent laboratory of analysis to study medieval disability in its relation to the Papacy as an institution. (shrink)

Thomas Aquinas is a massive figure in the history of western thought and of the Catholic church. In this major addition to the Cambridge Texts series Robert Dyson has chosen texts by Aquinas that show his development of a Christian version of the philosophy of Aristotle, its contrast with the Augustinian thought that had coloured so much political thinking in the previous eight centuries, and St Thomas's views as to the purpose of government, constitutions, and the relations between secular and (...) ecclesiastical power. Property, slavery, and usury are fully covered, as are St Thomas's celebrated and influential writings on law. The translations are extremely accessible and the whole is supported by all of the usual series features designed to assist the student reader, including brief biographies, notes for further reading and a concise critical introduction. (shrink)

Despite epistemological and ideological obstacles, the reasons of which are briefly recalled in this article, the relationship between law and religion in the medieval West has been extensively explored, notably through studies devoted to canon law, ecclesiastical procedures and legal qualifications. Yet the boundaries, contact zones and connections between these two “regimes of normativity” and “veridiction” have been left in the dark. This paper does not claim to encompass all the aspects of such a titanic investigation. Instead, it intends (...) to point out some of the problems that arise as soon as one approaches (as a historian) the relations that the Catholic Church – that established the Christian religion – has maintained with the law, and to indicate the paths currently explored in this direction. (shrink)

This article closely examines the way in which Thomas Aquinas understood the relationship between the various forms of human community. The article focuses on Aquinas's theory of law and politics and, in particular, on his use of political categories, such as city, province and empire, together with the associated concepts of kingdom and nation, as well as various social groupings, such as household, clan and village, alongside of the distinctly ecclesiastical categories of parish, diocese and universal church. The analysis (...) of these categories is used in the article to help explain Aquinas's role in the development of theories about subsidiarity, federalism and mixed constitutionalism. In the first place, it is argued that a close inquiry into Aquinas's discussion of the many and various forms of human community sheds light on the origins and development of the idea of subsidiarity within Catholic social teaching. Second, while Aquinas certainly did not advance a theory of federalism as that idea is presently understood, it is argued that recovering what Aquinas had to say about the categories of human community helps us to understand the origin and later development of federal ideas. Finally, it is argued that far from endorsing a system of absolute monarchy as is sometimes alleged, when understood in this way, Aquinas supported a particular kind of mixed constitution in which monarchy is tempered by a variety of constitutional constraints founded upon a conception of the body politic as itself constructed out of a plurality of smaller, intermediate corporations and communities of a political, ecclesiastical and social character. Keywords: Thomas Aquinas, political theory, subsidiarity, federalism, mixed constitution, absolute monarchy, civitas, provincia, imperium, regnum, gens, natural law . (shrink)

Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, (...) jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached. (shrink)

The endowment of religious, charitable, and educational enterprises by the establishment of trusts in land, the income from which could be devoted to such uses, was an immensely popular form of pious expression in both medieval Christendom and the Islamic world. The motives for, and applications of such endowments differed markedly, however, between the two religious cultures. The endowment of prayers and masses for beneficiaries, living and dead, exemplified the sacramental and sacerdotal quality of pre-Reformation Christianity. This ritualistic and (...) class='Hi'>ecclesiastical use of endowments in Latin Christian Europe and the Orthodox East, a use dependent on the existence of a sacramental system and an institutional church, contrasted sharply with the broader application of the Muslim waqf, by means of which pious individuals and groups sponsored a wide variety of charities, explicitly life-oriented and quite unconnected with a corporate clerical establishment. The infinite multiplication of private acts of charity by devout Muslims manifested the moralistic bent of Islam, which aspired to recast society according to the norms of the Qur'an and sacred law. The contrasting uses to which the two religious systems put the gifts and legacies of the faithful reflected the operation of fundamentally different religious premises, whereas the institutionalization of these premises in a shared legal fiction, the trust, assured their enforcement in society and life. (shrink)

Great Christian Jurists and Legal Collections in the First Millennium is a systematic collection of essays describing how Christian leaders and scholars of the first millennium in the West contributed to law and jurisprudence and used written norms and corrective practices to maintain social order and to guide people from this life into the next. With chapters on topics such as Roman and post-Roman law, church councils, the papacy, and the relationship between royal and ecclesiastical authority, as well as (...) on individual authors such as Lactantius, Ambrosiaster, Augustine, Leo I, Gelasius I, and Gregory the Great, this book invites a more holistic and realistic appreciation of early-medieval contributions to the history of law and jurisprudence for entry-level students and scholars alike. Great Christian Jurists and Legal Collections in the First Millennium provides a fresh look, from a new perspective, enabling readers to see these familiar authors in a fresh light. (shrink)

ABSTRACT In the Lawes of Ecclesiastical Polity, Richard Hooker defended the Elizabethan Settlement against what he took to be the excesses of Puritan reform. In this paper, it is argued that the theological cohesion of the Lawes took its centre from Hooker’s dynamic and pervasive understanding of God’s providence through both the objective reality of Scripture, sacrament, noetic redemption, church and Holy Spirit. Yet it was also the secret and mystical operations of the Holy Spirit that created and transformed (...) objectivity into lived experience by which divine grace could be understood and received, joining us to Christ, and incorporating believers in mystical union. (shrink)

Scepticism has been the driving force in the development of Greco-Roman culture in the past, and the impetus for far-reaching scientific achievements and philosophical investigation. Early Jewish culture, in contrast, avoided creating consistent representations of its philosophical doctrines. Sceptical notions can nevertheless be found in some early Jewish literature such as the Book of Ecclesiastes. One encounters there expressions of doubt with respect to Divine justice or even Divine involvement in earthly affairs. During the first centuries of the common era, (...) however, Jewish thought, as reflected in rabbinic works, was engaged in persistent intellectual activity devoted to the laws, norms, regulations, exegesis and other traditional areas of Jewish religious knowledge. An effort to detect sceptical ideas in ancient Judaism, therefore, requires a closer analysis of this literary heritage and its cultural context. This volume of collected essays seeks to tackle the question of scepticism in an Early Jewish context, including Ecclesiastes and other Jewish Second Temple works, rabbinic midrashic and talmudic literature, and reflections of Jewish thought in early Christian and patristic writings. Contributors are: Tali Artman, Geoffrey Herman, Reuven Kiperwasser, Serge Ruzer, Giuseppe Veltri, Cana Werman, and Casten Wilke. (shrink)