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By Evans, Gillian Rosemary

An unrivalled advent to a desirable topic, legislations and Theology within the heart a while explores the connection among legislation and theology in medieval Europe. concentrating on felony and theological responses to justice, mercy, equity, and sin, this article examines the stress among ecclesiastical and secular authority in medieval Europe, illustrating parts of dispute in a transparent and available manner.

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Law and Theology in the Middle Ages

An unrivalled advent to a desirable topic, legislation and Theology within the heart a long time explores the connection among legislations and theology in medieval Europe. concentrating on felony and theological responses to justice, mercy, equity, and sin, this article examines the strain among ecclesiastical and secular authority in medieval Europe, illustrating components of dispute in a transparent and obtainable manner.

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Over against this is set the community of the damned, also eternal, also invisible, so that a man cannot know whether his next door neighbour is his fellow-citizen or his everlasting enemy. While mediaeval Western theologians went along with Augustine, the practical reality was that membership of the Church The public interest? 23 was treated as though it were visible. 20 So the secular res publica had much the same body of citizenry as the Church’s visible ‘members’. This made the requirement of harmony of faith among the people relatively straightforward to frame, if not to police, and meant that Justinian’s call to consistency and conformity still chimed with the politics of a later age.

Parts and wholes The theme of ‘parts and wholes’ is commonplace in mediaeval philosophy and theology. 40 This is partly an argument for the requirement human beings have for the support of a community. But it is also an argument for the need for a law to enforce virtue in those too weak to manage it by themselves: ut per vim et metum The public interest? 25 cohiberentur a malo41 (for rules to be virtuous at least in respects appropriate to their virtue). 43 Loving one’s neighbour The Bible’s texts support these motifs of cooperativeness, mutuality, looking beyond individual advantage.

22 If an individual human being is not in due subjection to God, there is no justice in him; then an assembly of such men and women cannot live in a just environment either. 24 The crowd in the case of the woman accused of adultery related in Jerome’s first letter, became excited and tried to rescue her. Then the official in charge of executions appealed to them. He pointed out that if the execution did not take place, he, an innocent man, would have to die. This changed the minds of the crowd.

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