Law and Protestantism: The Legal Teachings of the Lutheran Reformation

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Format: Paperback
Pub. Date: 2002-06-10
Publisher(s): Cambridge University Press
List Price: $49.34

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Summary

The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of church and state, and in 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. John Witte, Jr. argues that it is not enough to understand the Reformation in either only theological or legal terms but that a perspective is required which takes proper account of both.

Table of Contents

List of Illustrations
ix
Foreword x
Martin E. Marty
Acknowledgments xvi
List of Abbreviations
xviii
Introduction 1(4)
Law and theology in the Lutheran Reformation
5(18)
Ernst Troeltsch and the historiography of the Lutheran Reformation
23(10)
Canon law and civil law on the eve of the Reformation
33(20)
Canon law
35(7)
Civil law
42(4)
Canon law and civil law
46(3)
Conclusions
49(4)
Loving thine enemy's law: The Evangelical conversion of Catholic canon law
53(34)
The battle over the canon law
53(12)
Crisis and criticism
65(5)
Compromise: The Evangelical conversion of the canon law
70(13)
Summary and conclusions
83(4)
A mighty fortress: Luther and the two-kingdoms framework
87(32)
A wilderness of casuistry
88(1)
Theory of being
89(5)
Theory of the person
94(3)
Theory of the Church
97(2)
Theory of knowledge
99(2)
Theory of righteousness
101(4)
Implications for theories of law, politics, and society
105(10)
Summary and conclusions
115(4)
Perhaps jurists are good Christians after all: Lutheran theories of law, politics, and society
119(58)
Luther and the jurists
119(2)
The legal philosophy of Philip Melanchthon
121(19)
Johannes Eisermann on law and the common good
140(14)
Johann Oldendorp on law and equity
154(14)
Summary and conclusions
168(9)
From Gospel to Law: The Lutheran reformation laws
177(22)
The early legal reformations
177(5)
The Lutheran reformation laws
182(17)
The mother of all earthly laws: The reformation of marriage law
199(58)
The inheritance
202(12)
The new Evangelical theology of marriage
214(18)
The new civil law of marriage
232(20)
Summary and conclusions
252(5)
The civic seminary: The reformation of education law
257(36)
The inheritance
259(3)
The new Lutheran theology of education
262(15)
The new civil law of public education
277(13)
Summary and conclusions
290(3)
Concluding reflections 293(11)
The legal legacy of the Lutheran Reformation
295(3)
The theological legacy of the Lutheran Reformation
298(6)
Bibliography 304(27)
Index 331

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