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Religion, Law, and the Growth of Constitutional Thought, 1150-1650
Medieval law in context
Author: Anthony Musson
Publisher: Manchester University Press
Published: 2020-01-03
Total Pages: 287
ISBN-13: 1526148293
DOWNLOAD EBOOK →Examines how medieval people at all social levels thought about law, justice and politics, as well as their role in society. Provides a clear, structured view of judicial developments and experience of litigation in the thirteenth and fourteenth centuries. Offers a new perspective on both law and politics by focusing on the medium of legal consciousness and legal culture.. Makes the specialised area of law accessible for the general reader interested in the medieval period.
Religion and the Rise of Democracy
Author: Graham Maddox
Publisher: Routledge
Published: 2012-09-10
Total Pages: 325
ISBN-13: 1134973527
DOWNLOAD EBOOK →In a major original study, Graham Maddox analyses the role of religion in the development of democracy from the tribes of ancient Israel to the present day. The book contrasts Athenian direct democracy with the Old Testament monarchy in which the concept of religious opposition - vital to modern democracy - arose. Maddox then develops his discussion of the relationship between religion and democracy through early christianity to the Reformation and Calvinism, ending with a chapter on modern democracy. Maddox's contentious thesis concerning the development of democracy is truly interdisciplinary drawing on political science, religious history and theology.
Comparative Matters
Author: Ran Hirschl
Publisher: OUP Oxford
Published: 2014-08-14
Total Pages: 226
ISBN-13: 0191023892
DOWNLOAD EBOOK →Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
Foundations of the Conciliar Theory: The Contribution of the Medieval Canonists from Gratian to the Great Schism
Author: Tierney
Publisher: BRILL
Published: 2021-12-06
Total Pages: 292
ISBN-13: 9004477500
DOWNLOAD EBOOK →A major problem which occupied thinkers in the later Middle Ages was the question of the internal structure of the Church and the proper interrelationship of its members. This book is an account of those canonistic theories of Church government which contributed to the growth of the conciliar theory, and which were formulated between Gratian's Decretum (c. 1140) and the Great Schism (1378). It is concerned particularly with the juristic development of the fundamental conciliar doctrine, the assertion that the universal Church was superior to the Church of Rome, with a consequent denial of the Pope's supreme authority. Foundations of the Conciliar Theory is considered by many to be one of those rare books that significantly influenced twentieth century medieval studies. Now again available in a new enlarged edition, it will continue to be an indispensable work for all those interested in Church history and the Middle Ages.
Faith in Law, Law in Faith
Author: Rafael Domingo
Publisher: BRILL
Published: 2024-04-04
Total Pages: 743
ISBN-13: 9004546189
DOWNLOAD EBOOK →Across four decades, John Witte, Jr. has advanced the study of law and religion by retrieving religious sources of law, renewing timeless teachings of religion for today, and reengaging with the difficult issues confronting society. Interdisciplinary, international, and interfaith in scope, Witte’s work has generated an enormous body of scholarship. This collection of essays by leading scholars examines his impact and maps new directions for future exploration.
Reform before the Reformation: Vincenzo Querini and the Religious Renaissance in Italy
Author: Stephen David Bowd
Publisher: BRILL
Published: 2021-10-11
Total Pages: 289
ISBN-13: 9004475729
DOWNLOAD EBOOK →An important aspect of the Italian Renaissance was church reform. This book examines the nature of that reform - especially in Venice, Florence and Rome - as viewed through the unpublished manuscripts of a Venetian nobleman who became a Camaldolese hermit: Vincenzo Querini (1478-1514). This book sets Querini's personal journey to reform in the context of Venetian society, as well as against the backdrop of political crisis, cultural revival, and monastic renaissance in Italy generally. Querini's attempt to reform himself, the Roman Catholic Church, and the whole of Christendom are of interest to historians seeking to revise the chronology of early modern church reform since he employed a range of scriptural, humanist, conciliar, monastic, and mystical methods that had medieval antecedents but were also imitated by reformers after the Reformation.
Please Don't Wish Me a Merry Christmas
Author: Stephen M. Feldman
Publisher: NYU Press
Published: 1998-08
Total Pages: 407
ISBN-13: 0814726844
DOWNLOAD EBOOK →Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in America, either at the time of the constitutional framing or later. In challenging the dominant story of the separation of church and state, Please Don't Wish Me a Merry Christmas follows the historical path of two institutions - the Christian church and the state - from the origins of Christianity forward to the present day. Feldman thus focuses on the workings of power in a specific context: he interprets the development of Christian social power vis-a-vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.
Nicholas of Cusa on Christ and the Church
Author:
Publisher: BRILL
Published: 2021-11-22
Total Pages: 386
ISBN-13: 9004477926
DOWNLOAD EBOOK →This volume contains studies on Nicholas of Cusa and his times. The first section is concerned with Cusanus' context, beginning with a historiographic essay by Francis Oakley on the impact of Brian Tierney's Foundations of the Conciliar Theory. Among the topics addressed are the long-term continuation of the Council of Basel (1431-1449) and the issues of ecclesiastical income which it addressed. The second part is concerned with Cusanus' thought on the Church, both in his conciliarist and papalist phases. Included is the first translation into English of Nicholas' Reformatio generalis. Attention also is paid to Cusanus' reforming efforts and the relationship of his thought on these issues to his earliest speculative writings. The third part is concerned with Nicholas' ideas on Christ and mystical experience. Particular attention is paid to the De visione dei, including its relationship to Renaissance art. The volume concludes with wide-ranging essays on the larger significance of Cusanus' speculative thought. An update of Thomas M. Izbicki's bibliography of Cusanus scholarship in English is included.
