Law And Theology In The Middle Ages

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Overview

An unrivalled introduction to a fascinating subject, Law and Theology in the Middle Ages explores the relationship between law and theology in medieval Europe. Focusing on legal and theological responses to justice, mercy, fairness, and sin, this text examines the tension between ecclesiastical and secular authority in medieval Europe, illustrating areas of dispute in a clear and accessible way.

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Editorial Reviews

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'The book fulfils the promise of its title ... I would like to recommend it for lawyers, theologians and historians: it will be well worthwhile!' - Journal of Beliefs and Values
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Product Details

  • ISBN-13: 9780415253277
  • Publisher: Taylor & Francis
  • Publication date: 5/16/2005
  • Pages: 272
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.69 (d)

Table of Contents

Preface
List of abbreviations
Introduction: law and theology 1
Pt. I Good behaviour 5
1 The justice of God 7
2 Sin and breaking the law 11
3 The public interest? 20
Pt. II Theology and putting law into order 27
4 Paradoxes 29
5 Mapping the law 31
6 The court system 42
Pt. III Theology and the teaching of law 47
7 Law schools 49
8 Creating the academic discipline of law 52
9 The professional advocate 61
10 A moot point: disputations as academic exercises 69
11 Legal argument and the mediaeval study of logic 76
Pt. IV Law and theology in procedure 81
12 The theory and the practice 83
13 Equity and the mediaeval idea of fairness 85
14 The development of procedural treatises: the process 91
15 Natural justice 105
Pt. V Inquiry, inquisition and summary procedure 121
16 Notoriety 123
17 Shortening the process 130
Pt. VI Outcomes 137
18 Divine judgement, human judgement 139
19 Judicial discretion 144
20 Evidence 147
21 Sentencing 152
22 Appeal 159
23 Justice and mercy 162
24 Conclusion: confession, punishment and the hope of salvation 167
Notes 176
Bibliography 239
Index 252
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