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Law and Theology in the Middle Ages

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G. R. EvansUniversity of Cambridge

ISBN13: 9780415253284
ISBN: 0415253284
Published: September 2001
Publisher: Taylor & Francis
Format: Paperback
Price: £31.99



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Law and Theology in the Middle Ages examines the tension between ecclesiastical and secular authority in medieval Europe by focusing upon the differences between legal and theological responses to concepts such as justice, mercy, fairness and sin. Central themes, the fundamental differences between virtue and keeping the peace, sin and breaking the law, are used to illustrate a wide range of practical and theoretical areas of dispute in a clear and accessible way. A unique introduction to a fascinating subject, Law and Theology in the Middle Ages is a thought provoking exploration of the relationship between academic study of law and theology in the Middle Ages.

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Contents:
Preface, Acknowledgements, Introduction: 1. Is God just? 2. Sin and crime: the penitential judicial boundary, 3. Law and the cause and remedy of wrongdoing? Chapter 1. The Theory: i. The academic discipline of law ii. Legal Argument (a) The concept of a standard of proof in the Middle Ages (b) Principles and probability. Iii. Mapping the law.
Chapter 2. The Practice: i. Ordo iudicialis: due process (a) Causa: the three processes (b) Notoriety (c) Natural Justice. ii. The Three persons and their assistants. iii. Proof by ordeal. iv. Pronouncing sentence. v. Appeal.
Chapter 3. Law and Order. i. Communication and community. (a) Equity and hierarchy (b) Equity and fairness (c) The nature of obligation. ii. Responsibility and consent (a) Not my fault (b) Shared consent and collective responsibility (c) Limits of the law.