Authors: G.R. Evans
ISBN-13: 9780415253284, ISBN-10: 0415253284
Format: Paperback
Publisher: Taylor & Francis, Inc.
Date Published: November 2001
Edition: (Non-applicable)
During the Middle Ages, interpretations of important ideas such as sin, justice and liberty were developed and explored through the interplay between law and theology. Law and Theology in the Middle Ages is a unique work that examines the relationship between theology and law. This useful and accessible book bridges the gap between the two fields by comparing the treatment of overlapping themes by each discipline. These theological and legal concepts include sin/crime, justice/righteousness, and forgiveness/punishment.
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 |