(Source: Brill)
Brill has published a new book on
the influence of Lutheran thought on Early Modern German contract law.
ABOUT THE BOOK
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.
ABOUT THE AUTHOR
Paolo Astorri is currently
Research Associate at the KU Leuven Faculty of Law in Belgium
TABLE OF CONTENTS
Introduction
Pages: 1–13
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Christian Spirituality and Law:
Developments and Sources
Care for the Souls before the
Reformation and in the Early Modern Roman Catholic World
Pages: 17–46
The Engagement of the Lutheran
Theologians with Contract Law: Principles and Literature
Pages: 47–110
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A Biblical Framework for Contract
Law: Basic Elements
The Conceptualization of
Agreements
Pages: 113–151
The Seventh Commandment: The
Lawfuln and Right Use of Contracts
Pages: 152–185
The Eighth Commandment:
Contractual Fidelity
Pages: 186–257
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Selected Issues from Particular
Types of Contract
Sale, Lease and Restitution
Pages: 261–323
Lending and the Interest
Prohibition
Pages: 324–429
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From Lutheran Theology to Legal
Practice
The Dispute of Regensburg (1587)
Pages: 433–489
The Contribution of the Jurists
Pages: 490–555
General Summary
Pages: 556–573
Concluding Remarks
Pages: 574–583
More info with Brill
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