Law and Theology in the Middle Ages
By: G. R. Evans (author)Paperback
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An unrivalled introduction to a fascinating subject, Law and Theology in the Middle Ages explores the relationship between law and theology in medieval Europe. Focusing on legal and theological responses to justice, mercy, fairness, and sin, this text examines the tension between ecclesiastical and secular authority in medieval Europe, illustrating areas of dispute in a clear and accessible way.
Is God just?; sin and crime - the penitential judicial boundary; law and the cause and remedy of wrongdoing?; the theory - the academic discipline of law; legal argument; the concept of a standard of proof in the Middle Ages; principles and probability; mapping the law; the Practice - Ordo iudicialis: due process; causa - the three processes; notoriety; natural justice; the three persons and their assistants; proof by ordeal; pronouncing sentence v appeal; law and order; communication and community; equity and hierarchy; equity and fairness; the nature of obligation; responsibility and consent; not my fault; shared consent and collective responsibility; limits of the law.
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- ID: 9780415253284
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