An examination of a fundamental aspect of the intellectual history of early modern Europe.

Donne and the Politics of Conscience in Early Modern England examines the responses of John Donne and his contemporaries to post-Reformation debate about authority and interpretation. It argues that the legal and epistemological principles, as well as the narrative practices, of casuistry provided an important resource for those caught in the welter of conflicting laws and religions. The first two chapters explore the political, historical, and theological contexts of casuistry, locating Donne in debates about the limits of reason and the relativity of law and ethics. Chapter three addresses Donne's concern with problems of moral decision and action, of knowledge and definition, in five of his prose works. Chapter four examines ways in which his verse assimilates and wittily subverts casuists' responses to epistemological and linguistic uncertainty. The study is particularly useful for literary critics, intellectual historians, and theologians.

Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.

This book provides a new, interdisciplinary perspective on the importance of detailed rules to many of the world's ethical traditions. A valuable theoretical introduction sets the agenda for a series of comparative studies, spanning pre-modern Hindu ethics, Classical Rome and Christian casuistry, contemporary Judaism and the Islamic sharia.

Knowledge of the pragmatici analyses pragmatic normative literature in colonial Ibero-America. It explores the circulation and the functions of these media in the Iberian peninsula, New Spain, Peru, New Granada and Brazil.

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

In this Handbook twenty-six leading scholars survey the development of philosophy between the middle of the sixteenth century and the early eighteenth century. The five parts of the book cover metaphysics and natural philosophy; the mind, the passions, and aesthetics; epistemology, logic, mathematics, and language; ethics and political philosophy; and religion. The period between the publication of Copernicus's De Revolutionibus and Berkeley's reflections on Newton and Locke saw one of the most fundamental changes in the history of our way of thinking about the universe. This radical transformation of worldview was partly a response to what we now call the Scientific Revolution; it was equally a reflection of political changes that were no less fundamental, which included the establishment of nation-states and some of the first attempts to formulate a theory of international rights and justice. Finally, the Reformation and its aftermath undermined the apparent unity of the Christian church in Europe and challenged both religious beliefs that had been accepted for centuries and the interpretation of the Bible on which they had been based. The Handbook surveys a number of the most important developments in the philosophy of the period, as these are expounded both in texts that have since become very familiar and in other philosophical texts that are undeservedly less well-known. It also reaches beyond the philosophy to make evident the fluidity of the boundary with science, and to consider the impact on philosophy of historical and political events—explorations, revolutions and reforms, inventions and discoveries. Thus it not only offers a guide to the most important areas of recent research, but also offers some new questions for historians of philosophy to pursue and to have indicated areas that are ripe for further exploration.

Examines the sexual attitudes of 17th- and 18th-century England. This work discusses how they have affected beliefs on a variety of issues. Drawing upon the insights of psychoanalysis, it shows that the Puritans called for a lifelong integration of sensuality, purity and constancy within marriage.

Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today.