Law and the Christian Tradition in Italy

Law and the Christian Tradition in Italy

Author: Orazio Condorelli

Publisher: Routledge

Published: 2020-07-02

Total Pages: 472

ISBN-13: 1000079198

DOWNLOAD EBOOK

Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.


Book Synopsis Law and the Christian Tradition in Italy by : Orazio Condorelli

Download or read book Law and the Christian Tradition in Italy written by Orazio Condorelli and published by Routledge. This book was released on 2020-07-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.


Law and The Christian Tradition in Scandinavia

Law and The Christian Tradition in Scandinavia

Author: Kjell Å Modéer

Publisher: Routledge

Published: 2020-10-08

Total Pages: 388

ISBN-13: 1000201538

DOWNLOAD EBOOK

This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.


Book Synopsis Law and The Christian Tradition in Scandinavia by : Kjell Å Modéer

Download or read book Law and The Christian Tradition in Scandinavia written by Kjell Å Modéer and published by Routledge. This book was released on 2020-10-08 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.


The Italian Legal Tradition

The Italian Legal Tradition

Author: Thomas Glyn Watkin

Publisher: Routledge

Published: 2018-12-20

Total Pages: 269

ISBN-13: 0429760531

DOWNLOAD EBOOK

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy’s place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.


Book Synopsis The Italian Legal Tradition by : Thomas Glyn Watkin

Download or read book The Italian Legal Tradition written by Thomas Glyn Watkin and published by Routledge. This book was released on 2018-12-20 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy’s place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.


Medieval Canon Law

Medieval Canon Law

Author: James A. Brundage

Publisher: Taylor & Francis

Published: 2022-08-05

Total Pages: 266

ISBN-13: 1000631494

DOWNLOAD EBOOK

It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.


Book Synopsis Medieval Canon Law by : James A. Brundage

Download or read book Medieval Canon Law written by James A. Brundage and published by Taylor & Francis. This book was released on 2022-08-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.


Natural Law and the Law of Nations in Eighteenth- and Nineteenth-Century Italy

Natural Law and the Law of Nations in Eighteenth- and Nineteenth-Century Italy

Author:

Publisher: BRILL

Published: 2023-11-07

Total Pages: 338

ISBN-13: 9004685138

DOWNLOAD EBOOK

The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.


Book Synopsis Natural Law and the Law of Nations in Eighteenth- and Nineteenth-Century Italy by :

Download or read book Natural Law and the Law of Nations in Eighteenth- and Nineteenth-Century Italy written by and published by BRILL. This book was released on 2023-11-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.


Christianity and Criminal Law

Christianity and Criminal Law

Author: Mark Hill QC

Publisher: Routledge

Published: 2020-05-28

Total Pages: 267

ISBN-13: 1000071553

DOWNLOAD EBOOK

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.


Book Synopsis Christianity and Criminal Law by : Mark Hill QC

Download or read book Christianity and Criminal Law written by Mark Hill QC and published by Routledge. This book was released on 2020-05-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.


Christianity and Private Law

Christianity and Private Law

Author: Robert F. Cochran, Jr

Publisher: Routledge

Published: 2020-11-22

Total Pages: 318

ISBN-13: 1000225054

DOWNLOAD EBOOK

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.


Book Synopsis Christianity and Private Law by : Robert F. Cochran, Jr

Download or read book Christianity and Private Law written by Robert F. Cochran, Jr and published by Routledge. This book was released on 2020-11-22 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Blessings of Liberty

The Blessings of Liberty

Author: John Witte, Jr.

Publisher: Cambridge University Press

Published: 2021-11-04

Total Pages: 333

ISBN-13: 1108429203

DOWNLOAD EBOOK

A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.


Book Synopsis The Blessings of Liberty by : John Witte, Jr.

Download or read book The Blessings of Liberty written by John Witte, Jr. and published by Cambridge University Press. This book was released on 2021-11-04 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.


Church Laws and Ecumenism

Church Laws and Ecumenism

Author: Norman Doe

Publisher: Routledge

Published: 2020-09-27

Total Pages: 272

ISBN-13: 1000192873

DOWNLOAD EBOOK

Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law. The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities. The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.


Book Synopsis Church Laws and Ecumenism by : Norman Doe

Download or read book Church Laws and Ecumenism written by Norman Doe and published by Routledge. This book was released on 2020-09-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law. The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities. The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.


Peacemaking and the Canon Law of the Catholic Church

Peacemaking and the Canon Law of the Catholic Church

Author: Charles Reid, Jr.

Publisher: BRILL

Published: 2023-12-21

Total Pages: 259

ISBN-13: 9004545743

DOWNLOAD EBOOK

This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.


Book Synopsis Peacemaking and the Canon Law of the Catholic Church by : Charles Reid, Jr.

Download or read book Peacemaking and the Canon Law of the Catholic Church written by Charles Reid, Jr. and published by BRILL. This book was released on 2023-12-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.