Law and Protestantism: The Legal Teachings of the Lutheran Reformation

Etukansi
Cambridge University Press, 16.5.2002 - 337 sivua
The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of both church and state, and in both religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. Profound changes in the areas of education, politics and marriage were to have long-lasting effects on the Protestant world, inscribed in the legal systems inherited from that period. John Witte, Jr. argues that it is not enough to understand the Reformation either in theological or in legal terms alone but that a perspective is required which takes proper account of both. His book should be essential reading for scholars and students of church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, the law, and history of ideas.
 

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Sisältö

CANON LAW AND CIVIL LAW ON THE EVE OF THE REFORMATION
33
CANON LAW
35
CIVIL LAW
42
CANON LAW AND CIVIL LAW
46
CONCLUSIONS
49
LOVING THINE ENEMYS LAW THE EVANGELICAL CONVERSATION OF CATHOLIC CANON LAW
53
CRISIS AND CRITICISM
65
THE EVANGELICAL CONVERSION OF THE CANON LAW
70
JOHANN OLDENDORP ON LAW AND EQUITY
154
SUMMARY AND CONCLUSIONS
168
FROM GOSPEL TO LAW THE LUTHERAN REFORMATION LAWS
177
THE LUTHERAN REFORMATION LAWS
182
THE MOTHER OF ALL EARTHLY LAWS THE REFORMATION OF MARRIAGE LAW
199
THE INHERITANCE
202
THE NEW EVANGELICAL THEOLOGY OF MARRIAGE
214
THE NEW CIVIL LAW OF MARRIAGE
232

SUMMARY AND CONCLUSIONS
83
A MIGHTY FORTRESS LUTHER AND THE TWOKINGDOMS FRAMEWORK
87
A WILDERNESS OF CASUISTRY
88
THEORY OF BEING
89
THEORY OF THE PERSON
94
THEORY OF THE CHURCH
97
THEORY OF KNOWLEDGE
99
THEORY OF RIGHTEOUSNESS
101
IMPLICATIONS FOR THEORIES OF LAW POLITICS AND SOCIETY
105
SUMMARY AND CONCLUSIONS
115
PERHAPS JURISTS ARE GOOD CHRISTIANS AFTER ALL LUTHERAN THEORIES OF LAW POLITICS AND SOCIETY
119
THE LEGAL PHILOSOPHY OF PHILIP MELANCHTHON
121
JOHANNES EISERMANN ON LAW AND THE COMMON GOOD
140
SUMMARY AND CONCLUSIONS
252
THE CIVIC SEMINARY THE REFORMATION OF EDUCATION LAW
257
THE INHERITANCE
259
THE NEW LUTHERAN THEOLOGY OF EDUCATION
262
THE NEW CIVIL LAW OF PUBLIC EDUCATION
277
SUMMARY AND CONCLUSIONS
290
CONCLUDING REFLECTIONS
293
THE LEGAL LEGACY OF THE LUTHERAN REFORMATION
295
THE THEOLOGICAL LEGACY OF THE LUTHERAN REFORMATION
298
BIBLIOGRAPHY
304
INDEX
331
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John Witte, Jr. is the Jonas Robitscher Professor of Law and Ethics, Director of the Law and Religion Program, and Director of the Center for the Interdisciplinary Study of Religion at Emory University, Atlanta. A specialist in legal history and religious liberty, he has published 100 professional articles, and 12 books, including Religious Human Rights in Global Perspective, 2 vols. (1996); From Sacrament to Contract: Marriage, Religion, and Law in the Western Tradition (1997); Proselytism and Orthodoxy in Russia (1999) and Religion and the American Constitutional Experiment (2000). Professor Witte writings have appeared in German, French, Italian, Hebrew, Spanish, Russian, Ukrainian, and Romanian translations. He has lectured throughout North America, Western Europe, Israel, and South Africa.

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