Download or read book Placing Private Conscience in Early Modern England written by Rosalynde Frandsen Welch and published by . This book was released on 2004 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conscience Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Conscience Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Conscience in Early Modern English Literature written by Abraham Stoll and published by Cambridge University Press. This book was released on 2017-10-05 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conscience in Early Modern English Literature describes how poetry, theology, and politics intersect in the early modern conscience. In the wake of the Reformation, theologians attempt to understand how the faculty works, poets attempt to capture the experience of being in its grip, and revolutionaries attempt to assert its authority for political action. The result, Abraham Stoll argues, is a dynamic scene of conscience in England, thick with the energies of salvation and subjectivity, and influential in the public sphere of Civil War politics. Stoll explores how Shakespeare, Spenser, Herbert, and Milton stage the inward experience of conscience. He links these poetic scenes to Luther, Calvin, and English Reformation theology. He also demonstrates how they shape the public discourses of conscience in such places as the toleration debates, among Levellers, and in the prose of Hobbes and Milton. In the literature of the early modern conscience, Protestant subjectivity evolves toward the political subject of modern liberalism.
Download or read book Biblical Scholarship Science and Politics in Early Modern England written by Kevin Killeen and published by Routledge. This book was released on 2016-12-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kevin Killeen addresses one of the most enigmatic of seventeenth century writers, Thomas Browne (1605-1682), whose voracious intellectual pursuits provide an unparalleled insight into how early modern scholarly culture understood the relations between its disciplines. Browne's work encompasses biblical commentary, historiography, natural history, classical philology, artistic propriety and an encyclopaedic coverage of natural philosophy. This book traces the intellectual climate in which such disparate interests could cohere, locating Browne within the cultural and political matrices of his time. While Browne is most frequently remembered for the magnificence of his prose and his temperamental poise, qualities that knit well with the picture of a detached, apolitical figure, this work argues that Browne's significance emerges most fully in the context of contemporary battles over interpretative authority, within the intricately linked fields of biblical exegesis, scientific thought, and politics. Killeen's work centres on a reassessment of the scope and importance of Browne's most elaborate text, Pseudodoxia Epidemica, his vast encyclopaedia of error with its mazy series of investigations and through this explores the multivalent nature of early-modern enquiry.
Download or read book Conscience and Community written by Andrew R. Murphy and published by Penn State Press. This book was released on 2009-03-02 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious toleration appears near the top of any short list of core liberal democratic values. Theorists from John Locke to John Rawls emphasize important interconnections between the principles of toleration, constitutional government, and the rule of law. Conscience and Community revisits the historical emergence of religious liberty in the Anglo-American tradition, looking deeper than the traditional emergence of toleration to find not a series of self-evident or logically connected expansions but instead a far more complex evolution. Murphy argues that contemporary liberal theorists have misunderstood and misconstrued the actual historical development of toleration in theory and practice. Murphy approaches the concept through three "myths" about religious toleration: that it was opposed only by ignorant, narrow-minded persecutors; that it was achieved by skeptical Enlightenment rationalists; and that tolerationist arguments generalize easily from religion to issues such as gender, race, ethnicity, and sexuality, providing a basis for identity politics.
Download or read book Financial Failure in Early Modern England written by Aidan Collins and published by Boydell & Brewer. This book was released on 2024-10-29 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how bankruptcy was litigated within the court to gain a more nuanced understanding of early modern bankruptcy. This book examines cases involving bankruptcy brought before the court of Chancery - a court of equity which dealt with civil disputes - between 1674 and 1750. It uncovers the numerous meanings attached to financial failure in early modern England. In its simplest sense, personal financial failure occurred when an individual defaulted on their debts. Because they had not fulfilled their responsibilities and behaved in a trustworthy and credible manner, bankrupt individuals were seen to be immoral. And yet bankruptcy was linked to wider notions of credibility, trustworthiness, and morality. Financial failure was described and debated not just in economic terms, but came to rely on a combination of social, community, and religious values. Bankruptcy cases involved an interconnected network of indebtedness, often including relatives, neighbours, and traders from the local community. As such, conceptions of failure implicated individuals beyond just the bankrupt. As people began to look back and appraise the actions and words of those involved in trade, a far wider network of creditors, debtors, and middlemen were blamed for the knock-on effect of an individual failure. Ultimately, the book investigates the negative aspects of early modern trade networks and the active role of the court when such networks broke down, providing unique access to contemporary understandings of what was considered right and wrong, honourable and deceitful, and criminal and compassionate within the moral landscape of debt recovery during the seventeenth and eighteenth centuries.
Download or read book Conscience in Early Modern English Literature written by Abraham Stoll and published by Cambridge University Press. This book was released on 2017-10-05 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an examination of how early modern poets attempt to capture the experience of being in the grip of conscience.
Download or read book Writing Lives written by Kevin Sharpe and published by Oxford University Press. This book was released on 2008-07-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book leading literary scholars, cultural critics, and historians of ideas and visual media, currently engaged both with early modern and contemporary conceptions of biography, reflect on the problems of writing lives from the various perspectives of their own research and in the form of case studies informed by new questions.
Download or read book Crime and Mentalities in Early Modern England written by Malcolm Gaskill and published by Cambridge University Press. This book was released on 2003-01-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the cultural contexts of law-breaking and criminal prosecution in England, 1550-1750.
Download or read book Skepticism and Belief in Early Modern England written by Melissa M. Caldwell and published by Taylor & Francis. This book was released on 2016-09-13 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central thesis of this book is that skepticism was instrumental to the defense of orthodox religion and the development of the identity of the Church of England. Examining the presence of skepticism in non-fiction prose literature at four transitional moments in English Protestant history during which orthodoxy was challenged and revised, Melissa Caldwell argues that a skeptical mode of thinking is embedded in the literary and rhetorical choices made by English writers who straddle the project of reform and the maintenance of orthodoxy after the Reformation in England. Far from being a radical belief simply indicative of an emerging secularism, she demonstrates the varied and complex appropriations of skeptical thought in early modern England. By examining a selection of various kinds of literature-including religious polemic, dialogue, pamphlets, sermons, and treatises-produced at key moments in early modern England’s religious history, Caldwell shows how the writers under consideration capitalized on the unscripted moral space that emerged in the wake of the Reformation. The result was a new kind of discourse--and a new form of orthodoxy--that sought both to exploit and to contain the skepticism unearthed by the Reformation.
Download or read book Witchcraft Witch Hunting and Politics in Early Modern England written by Peter Elmer and published by Oxford University Press. This book was released on 2016-01-14 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Witchcraft, Witch-hunting, and Politics in Early Modern England constitutes a wide-ranging and original overview of the place of witchcraft and witch-hunting in the broader culture of early modern England. Based on a mass of new evidence extracted from a range of archives, both local and national, it seeks to relate the rise and decline of belief in witchcraft, alongside the legal prosecution of witches, to the wider political culture of the period. Building on the seminal work of scholars such as Stuart Clark, Ian Bostridge, and Jonathan Barry, Peter Elmer demonstrates how learned discussion of witchcraft, as well as the trials of those suspected of the crime, were shaped by religious and political imperatives in the period from the passage of the witchcraft statute of 1563 to the repeal of the various laws on witchcraft. In the process, Elmer sheds new light upon various issues relating to the role of witchcraft in English society, including the problematic relationship between puritanism and witchcraft as well as the process of decline.
Download or read book The Secret History of Domesticity written by Michael McKeon and published by JHU Press. This book was released on 2006-12-26 with total page 919 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Association of American Publishers’ Professional and Scholarly Publishing Awards in Communication and Cultural Studies Taking English culture as its representative sample, The Secret History of Domesticity asks how the modern notion of the public-private relation emerged in the seventeenth and eighteenth centuries. Treating that relation as a crucial instance of the modern division of knowledge, Michael McKeon narrates its pre-history along with that of its essential component, domesticity. This narrative draws upon the entire spectrum of English people's experience. At the most "public" extreme are political developments like the formation of civil society over against the state, the rise of contractual thinking, and the devolution of absolutism from monarch to individual subject. The middle range of experience takes in the influence of Protestant and scientific thought, the printed publication of the private, the conceptualization of virtual publics—society, public opinion, the market—and the capitalization of production, the decline of the domestic economy, and the increase in the sexual division of labor. The most "private" pole of experience involves the privatization of marriage, the family, and the household, and the complex entanglement of femininity, interiority, subjectivity, and sexuality. McKeon accounts for how the relationship between public and private experience first became intelligible as a variable interaction of distinct modes of being—not a static dichotomy, but a tool to think with. Richly illustrated with nearly 100 images, including paintings, engravings, woodcuts, and a representative selection of architectural floor plans for domestic interiors, this volume reads graphic forms to emphasize how susceptible the public-private relation was to concrete and spatial representation. McKeon is similarly attentive to how literary forms evoked a tangible sense of public-private relations—among them figurative imagery, allegorical narration, parody, the author-character-reader dialectic, aesthetic distance, and free indirect discourse. He also finds a structural analogue for the emergence of the modern public-private relation in the conjunction of what contemporaries called the "secret history" and the domestic novel. A capacious and synthetic historical investigation, The Secret History of Domesticity exemplifies how the methods of literary interpretation and historical analysis can inform and enrich one another.
Download or read book Early Modern Debts written by Laura Kolb and published by Springer Nature. This book was released on 2020-11-30 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Modern Debts: 1550–1700 makes an important contribution to the history of debt and credit in Europe, creating new transnational and interdisciplinary perspectives on problems of debt, credit, trust, interest, and investment in early modern societies. The collection includes essays by leading international scholars and early career researchers in the fields of economic and social history, legal history, literary criticism, and philosophy on such subjects as trust and belief; risk; institutional history; colonialism; personhood; interiority; rhetorical invention; amicable language; ethnicity and credit; household economics; service; and the history of comedy. Across the collection, the book reveals debt’s ubiquity in life and literature. It considers debt’s function as a tie between the individual and the larger group and the ways in which debts structured the home, urban life, legal systems, and linguistic and literary forms.
Download or read book Writing Gender and State in Early Modern England written by Megan Matchinske and published by Cambridge University Press. This book was released on 1998-05-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The period from the Reformation to the English Civil War saw an evolving understanding of social identity in England. This book uses four illuminating case studies to chart a discursive shift from mid-sixteenth-century notions of an individually generated, spiritually motivated sense of identity, to Civil War perceptions of the self as inscribed by the state and inflected according to gender, a site of civil and sexual invigilation and control. Each centres on the work of an early modern woman writer in the act of self-definition and authorization, in relation to external powers such as the Church and the monarchy. Megan Matchinske's study illustrates the evolving relationships between public and private selves and the increasing role of gender in determining different identities for men and women. The conjunction of gender and statehood in Matchinske's analysis represents an original contribution to the study of early modern identity.
Download or read book When Gossips Meet written by B. S. Capp and published by Oxford University Press, USA. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how women of the poorer and middling sorts in early modern England negotiated a patriarchal culture in which they were generally excluded, marginalized, or subordinated. It focuses on the networks of close friends ('gossips') which gave them a social identity beyond the narrowly domestic, providing both companionship and practical support in disputes with husbands and with neighbours of either sex. The book also examines the micropolitics of the household, with its internal alliances and feuds, and women's agency in neighbourhood politics, exercised by shaping local public opinion, exerting pressure on parish officials, and through the role of informal female juries. If women did not openly challenge male supremacy, they could often play a significant role in shaping their own lives and the life of the local community.
Download or read book Creating Communities in Restoration England written by Samuel I. Thomas and published by BRILL. This book was released on 2012-10-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the extensive diaries of Presbyterian minister Oliver Heywood, this book explores the role that individuals played in fashioning their religious communities during the Restoration, as England stumbled from persecution towards a limited toleration of Protestant dissenters.
