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Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) Paolo Astorri, Herman J. Selderhuis, Wim Deckock, Igor Kakolewski, Heiner Lück, Tarald Rasmussen, Johan Bastubacka, Andreas Gotzmann, Chloë Kennedy, Dariusz Kolodziejczyk, Mahmood Kooria, Virpi Mäkinen, Osvaldo Rodolfo Moutin, Richard J. Ross, Endre Sashalmi, Rudolf Schlögl

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Format:
Book
Author/Creator:
Astorri, Paolo, Author.
Contributor:
Selderhuis, Herman J., Editor.
Deckock, Wim, Editor.
Kakolewski, Igor, Editor.
Lück, Heiner, Editor.
Rasmussen, Tarald, Editor.
Bastubacka, Johan, Editor.
Gotzmann, Andreas, Editor.
Kennedy, Chloë, Editor.
Kolodziejczyk, Dariusz, Editor.
Kooria, Mahmood, Editor.
Mäkinen, Virpi, Editor.
Moutin, Osvaldo Rodolfo, Editor.
Ross, Richard J., Editor.
Sashalmi, Endre, Editor.
Schlögl, Rudolf, Editor.
Series:
Law and Religion in the Early Modern Period / Recht und Religion in der Frühen Neuzeit ; 1.
Law and Religion in the Early Modern Period / Recht und Religion in der Frühen Neuzeit ; 1
Language:
English
Subjects (All):
Conscience.
Moral theology.
Casuistry.
Reformation.
Lutheran Orthodoxy.
Commutative justice.
Market and morality.
Financial regulation.
Just price.
Census.
Local Subjects:
Conscience.
Moral theology.
Casuistry.
Reformation.
Lutheran Orthodoxy.
Commutative justice.
Market and morality.
Financial regulation.
Just price.
Census.
Physical Description:
1 online resource
Edition:
1st ed.
Place of Publication:
Paderborn Brill | Schöningh 2019
Biography/History:
Paolo Astorri is currently Research Associate at the KU Leuven Faculty of Law in Belgium.
Summary:
It is clear that the Lutheran Reformation greatly contributed to changes in theological and legal ideas – but what was the extent of its impact on the field of contract law? Legal historians have extensively studied the contract doctrines developed by Roman Catholic theologians and canonists; however, they have largely neglected Martin Luther, Philip Melanchthon, Johann Aepinus, Martin Chemnitz, Friedrich Balduin and many other reformers. This book focuses on those neglected voices of the Reformation, exploring their role in the history of contract law. These men mapped out general principles to counter commercial fraud and dictated norms to regulate standard economic transactions. The most learned jurists, such as Matthias Coler, Peter Heige, Benedict Carpzov, and Samuel Stryk, among others, studied these theological teachings and implemented them in legal tenets. Theologians and jurists thus cooperated in resolving contract law problems, especially those concerning interest and usury.
Contents:
Front Matter
Copyright page
Dedication
Acknowledgments
Introduction
Christian Spirituality and Law: Developments and Sources
Care for the Souls before the Reformation and in the Early Modern Roman Catholic World
The Engagement of the Lutheran Theologians with Contract Law: Principles and Literature
A Biblical Framework for Contract Law: Basic Elements
The Conceptualization of Agreements
The Seventh Commandment: The Lawfulness and Right Use of Contracts
The Eighth Commandment: Contractual Fidelity
Selected Issues from Particular Types of Contract
Sale, Lease and Restitution
Lending and the Interest Prohibition
From Lutheran Theology to Legal Practice
The Dispute of Regensburg (1587)
The Contribution of the Jurists
General Summary
Concluding Remarks
Back Matter
Bibliography.
ISBN:
3-657-70150-8
OCLC:
1096236330
Publisher Number:
10.30965/9783657701506 DOI

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