Search Results

they were either added to, or modified in light of, Aretinus’ translation of the Ethics . As I have found no evidence that the commentaries themselves were relied upon by either Humanist jurists or early modern scholastic theologians , I will not examine them in this chapter. For a general discussion

In: Equity in Early Modern Legal Scholarship
Author: Giovanni Chiodi

The idea that a simple unilateral promise, until it is accepted, is not binding according to natural law is defended by Grotius in his major work with an argumentation drawn directly from Lessius, an important source of inspiration for the Dutch jurist, who in turn solves the dispute rooted in the tradition of ius commune. This article aims to reconstruct, in its essential stages, an itinerary through the main positions of medieval and early modern civil and canon lawyers about this controversial issue. These sources constitute the background of early modern scholastics and Grotius as well. The paper analyses some of the principal texts of both bodies of law, highlighting arguments and adding new findings. Notably it is shown that Lessius’s and Grotius’s statements represent a turning point, as far as they react against the resumption of the theory of the binding force of simple unilateral promises in the sixteenth century. With Lessius and Grotius, on the other hand, acceptance became a necessary requirement for every transfer of rights and duties to be enforceable.

In: Grotiana
Authors: Jan Hallebeek and Wim Decock

Hallebeek Summary This paper seeks to highlight the early modern scholastic contribution to dealing with the issue of pre-contractual duties to inform. Bringing together different strands of thought, ranging from Aristotelian philosophy to Roman law, the 16th and 17th century scholastics developed adequate

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
The Role of the Household Society in Early Modern Jesuit Thought, c.1590–1650
In Natural and Political Conceptions of Community, Christoph Haar examines the role of the household community in Jesuit political thought. Introducing a fresh perspective on the early modern Jesuit academic discourse, the book explores how leading Jesuit thinkers drew on their theologically inspired conceptions of the family community to determine the usefulness as well as the limitations of the political realm.
Natural and Political Conceptions of Community is about the place of the household in Scholastic theoretical works. The book demonstrates that Jesuits considered the human being as a household being when they determined the origin and purpose of the political community, producing a notion of politics that integrated their account of human nature with the sphere of law, rights, and virtues.
The Companion to the Theology of John Mair explores the major theological themes present in Mair's commentary on the Sentences of Peter Lombard. Mair is often noted for his importance as a leading sixteenth-century Parisian intellectual. The essays in this volume explore his influence as a teacher and thinker in this critical place and time. The volume gives special consideration to his attitude toward humanism and his deep familiarity with the scholastic past.

The book is divided into four sections. It explores Mair's attitude toward faith and theology, his theological metaphysics, his ethics and role in the development of moral casuistry, and his views on justification and sacramentology. The volume likewise includes a substantial appendix (including an edition of the table of questions for all four books of Mair's commentary) aimed to assists scholars in further exploration of Mair's Theology.
Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these developments to the early modern identification of equity with Aristotelian epieikeia, a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules.
Author: Jan Hallebeek

situation, the early modern scholastic teachings on contract, primarily intended for the forum of the conscience, could become determinative for legal thinking on contract in general. The starting point for the theological involvement was the idea that human life is impossible without entering into

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Author: Jan Hallebeek

interpreters of a Code of law dating from late Antiquity to which they managed to ascribe, only very gradually, some value as living law. The early modern scholastics were no jurists at all, but moral theologians whose primary concern was not law, but rather the salvation of the human soul. The humanist

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Author: Wim Decock

neglect, their works should be revisited if we want to assess Grotius’s place in the history of ideas. 16 As Giovanni Chiodi lays out in great detail, Grotius drew directly on the ius commune tradition and early modern scholastic theology in developing influential concepts such as the non

In: Grotiana
Author: Paolo Astorri

1 Introduction The history of contract doctrine in the early modern era has received a great deal of scholarly attention. Diesselhorst, Augé, Jørgensen, Feenstra, Wiacker, Nanz, Gordley, Decock, and others have revealed the important roles played by early modern scholastics and ‘natural

In: Grotiana