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Author: Dennis R. Klinck Publisher: Routledge ISBN: 1317161955 Category : History Languages : en Pages : 328
Book Description
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author: Dennis R. Klinck Publisher: Routledge ISBN: 1317161955 Category : History Languages : en Pages : 328
Book Description
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author: Joshua R. Held Publisher: University of Alabama Press ISBN: 0817361111 Category : Literary Criticism Languages : en Pages : 249
Book Description
"'Bold Conscience' chronicles the shifting conception of conscience in early modern England, as it evolved from a faculty of restraint--what the author labels "cowardly conscience"--to one of bold and forthright self-assertion. Caught at the vortex of public and private concerns, the concept of the conscience played an important role in post-Reformation England, from clerical leaders on down to laymen, not least because of its central place in determining loyalties during the English Civil War and the consequent regicide of King Charles I. Yet within this mix of perspectives, the most sinuous, complex, and ultimately lasting perspectives on bold conscience emerge from deliberately literary, rhetorically artistic voices--Shakespeare, Donne, and Milton. Joshua Held argues that literary texts by these authors, in re-casting the idea of conscience as a private, interior, shameful state to one of boldness fit for the public realm, parallel a historical development in which the conscience becomes a platform both for royal power and for common dissent in post-Reformation England. With the 1649 regicide of King Charles I as a fulcrum that unites both literary and historical timelines, Held tracks the increasing power of the conscience from William Shakespeare's Hamlet and Henry VIII to John Donne's court sermons, and finally to Milton's Areopagitica and Charles's defense of his kingship, Eikon Basilike. In a direct attack on Eikon Basilike, Milton destroys the prerogative of the royal conscience in Eikonoklastes, and later in Paradise Lost proposes an alternative basis for inner confidence, rooting it not in divine right but in the 'paradise within,' a metonym for conscience. Applying a fine-grain literary analysis to literary England from about 1601 to 1667, this study looks backward as well to the theological foundations of the concept in Luther of the 1520s and forward to its transformation by Locke into the term 'consciousness' in 1689. Ultimately, Held's study shows how the idea of a conscience in early modern England, long central to the private self and linked to the will, memory, and mind-emerges as a nexus between the private self and the realm of public action, a bulwark against absolute sovereignty, and its attenuation as a means of more limited, personal certainty. Whether in Milton's struggle against King Charles or Hamlet's against King Claudius, the conscience born of the Reformation becomes less a state of inner critique and more a form of outward expression fit for the communal life and commitments demanded by the early modern era"--
Author: Scott D. Liebhauser Publisher: Wipf and Stock Publishers ISBN: 1532638752 Category : Religion Languages : en Pages : 167
Book Description
The topic of leadership is ubiquitous in today’s era of experts, scholars, and gurus. With a host of voices promoting a myriad of views on this topic, it is hard for one to determine who or what is correct. This book gets to the heart of the issue by providing an unashamed and historic basis for leading others, using biblical truth as the standard. The postmodern epoch is fraught with confusion, relativity, and chaos as basic terms are redefined, historic truths are maligned, and cultural mores are upended. Consequently, leaders in this time are often just as confused as their followers who are leaving a trail of destruction in their wake. Fortunately, there are answers for those seeking to lead with confidence based on something much grander than personal opinion or subjective reasoning. In this work, Dr. Liebhauser explains the pitfalls leaders face in these fluid times of resistance to anything authoritative while providing sound principles by which to effectively lead. The reader will appreciate learning about the historical dynamic which fueled postmodern thinking and find hope in the time-tested remedies this book provides.
Author: Thomas Festa Publisher: Liverpool University Press ISBN: 1942954824 Category : Literary Criticism Languages : en Pages : 304
Book Description
'Scholarly Milton [...] is admirably clear and informative. It lays out the basics of Milton’s education and intellectual life and the evolution of his thinking in relation to the political concerns of his time in ways that should orient a person new to this material at the same time as it provides a focused refreshment for someone more expert. The articles themselves offer engaging and thoughtful explorations of Milton’s work by grounding their analysis in specific seventeenth-century intellectual concerns. [...] It should be clear that the essays in this volume speak to one another in fruitful ways; they foreground Milton the educator as much as Milton the scholar. Both educators and scholars will find it equally useful.' Margaret Thickstun, MLA
Author: Ronald K. Rittgers Publisher: BRILL ISBN: 9004393188 Category : Religion Languages : en Pages : 473
Book Description
Edited by Ronald K. Rittgers and Vincent Evener, Protestants and Mysticism in Reformation Europe offers an expansive view of the Protestant reception of medieval mysticism, from the beginnings of the Reformation through the mid-seventeenth century. Providing a foundation and impetus for future research, the chapters in this handbook cover diverse figures from across the Protestant traditions (Lutheran, Reformed, Radical), summarizing existing research, analysing relevant sources, and proposing new directions for study. Each chapter is authored by a leading scholar in the field. Collectively, Protestants and Mysticism in Reformation Europe calls for a comprehensive reassessment of the relationship of Protestantism to its medieval past, to Roman Catholicism, and to the enduring mystical element of Christianity.
Author: Dennis R. Klinck
Author: Dennis R. Klinck
Author: Joshua R. Held
Author: Edmund Calamy
Author: Robert Watt
Author: Scott D. Liebhauser
Author: Thomas Festa
Author: Walter Wilson
Author: Ronald K. Rittgers
Author: Robert Watt
Author: Edward Arber