History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)


Book Description

This volume collects studies into the legal thought of Francisco Suárez. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to questions of legal theory, the chapters cover various branches of the law including private law, criminal law and international law.




History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)


Book Description

"The thought and work of the Jesuit Francisco Suárez (1548-1617) is widely acknowledged as the culmination point of the contribution of the theologians and jurists of the so-called School of Salamanca to the development of modern Western law. This collection of studies on the legal work of Suárez explores some of his major forays into the law. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to discussions on the nature of law and its different categorisations, they extend to various subbranches of the law including family law, property law, the law of obligations, criminal law and international law. Contributors are: Dominique Bauer, Daniel Schwartz, João Manuel Azevedo Alexandrino Fernandes, Lisa Brunori, Wim Decock, Bart Wauters, Gaëlle Demelemestre, and Jean-Paul Coujou"--




Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries


Book Description

A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.




Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries


Book Description

"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"--







Jesuit Schools and Universities in Europe, 1548–1773


Book Description

A survey of Jesuit schools and universities across Europe from 1548 to 1773 by Paul F. Grendler. The article discusses organization, curriculum, pedagogy, enrollments, and relations with civil authorities with examples from France, Germany, Austria, Italy, Portugal, Spain, and eastern Europe.




Essays on Church, State, and Politics


Book Description

The essays selected here for translation derive largely from Thomasius's work on Staatskirchenrecht, or the political jurisprudence of church law. These works, originating as disputations, theses, and pamphlets, were direct interventions in the unresolved issue of the political role of religion in Brandenburg-Prussia, a state in which a Calvinist dynasty ruled over a largely Lutheran population and nobility as well as a significant Catholic minority. In mandating limited religious toleration within the German states, the provisions of the Peace of Westphalia (1648) also provided the rulers of Brandenburg-Prussia with a way of keeping the powerful Lutheran church in check by guaranteeing a degree of religious freedom to non-Lutherans and thereby detaching the state from the most powerful territorial church. Thomasius's writings on church-state relations, many of them critical of the civil claims made by Lutheran theologians, are a direct response to this state of affairs. At the same time, owing to the depth of intellectual resources at his disposal, these works constitute a major contribution to the broader discussion of the relation between the religious and political spheres.




The State of Nature: Histories of an Idea


Book Description

Combining intellectual history with current concerns, this volume brings together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature.




A History of Law in Europe


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.




The Debate on Probable Opinions in the Scholastic Tradition


Book Description

In The Debate on Probable Opinions in the Scholastic Tradition, Rudolf Schuessler portrays scholastic approaches to a qualified disagreement of opinions. The book outlines how scholastic regulations concerning the use of opinions changed in the early modern era, giving rise to an extensive debate on the moral and epistemological foundations of reasonable disagreements. The debate was fueled by probabilism and anti-probabilism in Catholic moral theology and thus also serves as a gateway to these doctrines. All developments are outlined in historical context, while special attention is paid to the evolution of scholastic notions of probability and their importance for the emergence of modern probability.