The Cavendish Law Cards cover the broad range of subjects available on the undergraduate law programme,as well as on the CPE/Diploma in Law course. Each one of the Cavendish LawCards is a complete, pocket-sized guide to key examinable areas of the law syllabus. Their concise text, user-friendly layout and compact format make the Cavendish LawCards ideal revision aids for identifying, understanding and committing to memory the salient points of each topic.
St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
The most important work of the towering intellectual of the Middle Ages, Thomas Aquinas’s Summa Theologiae remains one of the great seminal works of philosophy and theology, while extending to subjects as diverse as law and government, sacraments and liturgy, and psychology and ethics. This volume of the Summa Theologiae contains some of the most famous treatements of St. Thomas on sin, law, and grace.
Intended for the professional academic and graduate student, this book is the first to utilize the methodology of a oeNew Streama legal scholarship in an extended critical a oeexegesisa of Hugo Grotiusa (TM) "De Indis" (c.1604-6). "De Indis" is predicated upon a two-fold discursive strategy: (i) investing a oeprivatea Trading Companies with a oepublica international legal personality, and (ii) collapsing the distinction between a oeprivatea and a oepublica warfare. Governing the operation of textual interpretation is "De Indis"a (TM) status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a a oeprimitivea system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of "De Indis" consists of a discursive a oemicro-oscillationa between the a oethicka ontology of Late Scholasticism (a oeUtopiaa ) and the a oethina ontology of Civic Humanism (a oeApologya ) wholly appropriate to the governance requirements of the embryonic Modern World-System.
No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.
During the Standing Rock Sioux protest against the Dakota Access Pipeline, an activist observed, “Forced removal isn’t just in the history books.” Sabine N. Meyer concurs, noting the prominence of Indian Removal, the nineteenth-century policy of expelling Native peoples from their land, in Native American aesthetic and political praxis across the centuries. Removal has functioned both as a specific set of historical events and a synecdoche for settler colonial dispossession of Indigenous communities across hemispheres and generations. It has generated a plethora of Native American writings that negotiate forms of belonging—the identities of Native collectives, their proprietary relationships, and their most intimate relations among one another. By analyzing these writings in light of domestic settler colonial, international, and tribal law, Meyer reveals their coherence as a distinct genre of Native literature that has played a significant role in negotiating Indigenous identity. Critically engaging with Native Removal writings across the centuries, Meyer’s work shows how these texts need to be viewed as articulations of Native identity that respond to immediate political concerns and that take up the question of how Native peoples can define and assert their own social, cultural, and legal-political forms of living, being, and belonging within the settler colonial order. Placing novels in conversation with nonfiction writings, Native Removal Writing ranges from texts produced in response to the legal and political struggle over Cherokee Removal in the late 1820s and 1830s, to works written by African-Native writers dealing with the freedmen disenrollment crisis, to contemporary speculative fiction that links the appropriation of Native intangible property (culture) with the earlier dispossession of their real property (land). In close, contextualized readings of John Rollin Ridge, John Milton Oskison, Robert J. Conley, Diane Glancy, Sharon Ewell Foster, Zelda Lockhart, and Gerald Vizenor, as well as politicians and scholars such as John Ross, Elias Boudinot, and Rachel Caroline Eaton, Meyer identifies the links these writers create between historical past, narrated present, and political future. Native Removal Writing thus testifies to both the ongoing power of Native Removal writing and its significance as a critical practice of resistance.
For generations, early Franciscan thought has been widely regarded as unoriginal: a mere attempt to systematize the longstanding intellectual tradition of Augustine in the face of the rising popularity of Aristotle. This volume brings together leading scholars in the field to undertake a major study of the major doctrines and debates of the so-called Summa Halensis (1236-45), which was collaboratively authored by the founding members of the Franciscan school at Paris, above all, Alexander of Hales, and John of La Rochelle, in an effort to lay down the Franciscan intellectual tradition or the first time. The contributions will highlight that this tradition, far from unoriginal, laid the groundwork for later Franciscan thought, which is often regarded as formative for modern thought. Furthermore, the volume shows the role this Summa played in the development of the burgeoning field of systematic theology, which has its origins in the young university of Paris. This is a crucial and groundbreaking study for those with interests in the history of western thought and theology specifically.
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Augustine's Early Thought on the Redemptive Function of Divine Judgement considers the relationship between Augustine's account of God's judgment and his theology of grace in his early works. How does God use his law and the penal consequences of its transgression in the service of his grace, both personally and through his 'agents' on earth? Augustine reflected on this question from different perspectives. As a teacher and bishop, he thought about the nature of discipline and punishment in the education of his pupils, brothers, and congregants. As a polemicist against the Manichaeans and as a biblical expositor, he had to grapple with issues regarding God's relationship to evil in the world, the violence God displays in the Old Testament, and in the death of his own Son. Furthermore, Augustine meditated on the way God's judgment and grace related in his own life, both before and after his conversion. Bart van Egmond follows the development of Augustine's early thought on judgment and grace from the Cassiacum writings to the Confessions. The argument is contextualized both against the background of the earlier Christian tradition of reflection on the providential function of divine chastisement, and the tradition of psychagogy that Augustine inherited from a variety of rhetorical and philosophical sources. This study expertly contributes to the ongoing scholarly discussion on the development of Augustine's doctrine of grace, and to the conversation on the theological roots of his justification of coercion against the Donatists.
v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.
