Law and Theology in the Middle Ages

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Author: G. R. Evans

ISBN-10: 0415253284

ISBN-13: 9780415253284

Category: Legal History

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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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.

PrefaceList of abbreviationsIntroduction: law and theology1Pt. IGood behaviour51The justice of God72Sin and breaking the law113The public interest?20Pt. IITheology and putting law into order274Paradoxes295Mapping the law316The court system42Pt. IIITheology and the teaching of law477Law schools498Creating the academic discipline of law529The professional advocate6110A moot point: disputations as academic exercises6911Legal argument and the mediaeval study of logic76Pt. IVLaw and theology in procedure8112The theory and the practice8313Equity and the mediaeval idea of fairness8514The development of procedural treatises: the process9115Natural justice105Pt. VInquiry, inquisition and summary procedure12116Notoriety12317Shortening the process130Pt. VIOutcomes13718Divine judgement, human judgement13919Judicial discretion14420Evidence14721Sentencing15222Appeal15923Justice and mercy16224Conclusion: confession, punishment and the hope of salvation167Notes176Bibliography239Index252