Making Laws For A Christian Society

This is the first comprehensive study of the contribution that texts from Britain and Ireland made to the development of canon law in early medieval Europe. The book concentrates on a group of insular texts of church law—chief among them the Irish Hibernensis—tracing their evolution through mutual influence, their debt to late antique traditions from around the Mediterranean, their reception (and occasional rejection) by clerics in continental Europe, their fusion with continental texts, and their eventual impact on the formation of a European canonical tradition. Canonical collections, penitentials, and miscellanies of church law, and royal legislation, are all shown to have been 'living texts', which were continually reshaped through a process of trial and error that eventually gave rise to a more stable and more coherent body of church laws. Through a meticulous text-critical study Roy Flechner argues that the growth of church law in Europe owes as much to a serendipitous 'conversation' between texts as it does to any deliberate plan overseen by bishops and popes.

This is the first comprehensive study of the contribution that texts from Britain and Ireland made to the development of canon law in early medieval Europe. The book concentrates on a group of insular texts of church law—chief among them the Irish Hibernensis—tracing their evolution through mutual influence, their debt to late antique traditions from around the Mediterranean, their reception (and occasional rejection) by clerics in continental Europe, their fusion with continental texts, and their eventual impact on the formation of a European canonical tradition. Canonical collections, penitentials, and miscellanies of church law, and royal legislation, are all shown to have been 'living texts', which were continually reshaped through a process of trial and error that eventually gave rise to a more stable and more coherent body of church laws. Through a meticulous text-critical study Roy Flechner argues that the growth of church law in Europe owes as much to a serendipitous 'conversation' between texts as it does to any deliberate plan overseen by bishops and popes.

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Hardbound - New, hardbound print book.

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.