The short but fiery career of the famous jurist Lodovico Pontano (†1439) led from the universities of Bologna, Florence, Rome and Siena, the Roman curia and the court of Alfonso V of Aragón to the Council of Basel where he became rapidly one of the major conciliarist leaders and died at the age of only 30 years of the plague. Pontano’s biography and the sequential analysis of his largely unedited works shows how a man of learning managed to present his legal skills, later enhanced by persuasive theological arguments, as an expertise indispensable for government and to make himself so essential that he could regularly afford to break his contracts. The first edition of ten important tracts and speeches completes the work.
The focus of this volume is on ministry to the sick and dying in the later Middle Ages, especially providing them with the sacraments. Medieval writers linked illness to sin and its forgiveness. The priest, as physician of souls, was expected to heal the soul, preparing it for the hereafter. His ministry might also effect healing of bodies, when that healing did not endanger the soul. This book treats how a priest prepared to visit sick persons and went to them in procession with the Eucharist and oil of the sick. The priest was to comfort the patient and, if death was imminent, prepare the soul for the hereafter. Canon law, theology, and ritual sources are employed. Three sacraments, penance, viaticum, (final communion) and extreme unction (anointing of the sick) are treated in detail. Sickbed confession was designed to forgive the ailing person's mortal sins. A priest could absolve a dying person of all sins, even those reserved to a bishop or the pope. Viaticum was to strengthen a suffering Christian for life's last conflict, that between angels and demons for the soul of the dying person. The deathbed thus was a spiritual battlefield. Extreme unction was reserved for those in danger of death, relieving the soul of venial sins or "the remains of sin," even after confession and absolution. The commendatio animae (commendation of the soul) used with the dying was to usher the soul into the afterlife. Many works have been written about attitudes toward death, dying, and the afterlife in the Middle Ages. Likewise, there is a good deal of literature about individual sacraments. This study aims at bridging between these literatures, with a focus on the priest and parishioner in both theory and practice at the sickbed.
Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.
The Council of Basel (1431-1449) met to defend the faith and reform the Church. Its efforts to deal with Hussite heresy and reform the Roman Curia led to conflict with Pope Eugenius IV (1431-1447). The council divided over the site of a council of union with the Eastern churches. Some left to attend Eugenius’ Council of Florence (1438-1443). While that council was negotiating reunion with Eastern churches, in 1439 Basel was acting to claim supremacy and depose Eugenius. The ensuing struggle went on for a decade before Basel and its pope, Felix V (Amadeus VIII of Savoy), gave up under pressure from the princes. These essays address multiple aspects of the Council of Basel, including its reforming efforts and bureaucracy. Contributors include Alberto Cadili, Gerald Christianson, Michiel Decaluwe, Thomas A. Fudge, Ursula Gießmann, Hans-Jörg Gilomen, Johannes Helmrath, Thomas M. Izbicki, Jesse D. Mann, Ivan Mariano, Heribert Müller, Émilie Rosenblieh, and Birgit Studt.
This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.
International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.
Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.
In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
The short but fiery career of the famous jurist Lodovico Pontano (†1439) led from the universities of Bologna, Florence, Rome and Siena, the Roman curia and the court of Alfonso V of Aragón to the Council of Basel where he became rapidly one of the major conciliarist leaders and died at the age of only 30 years of the plague. Pontano’s biography and the sequential analysis of his largely unedited works shows how a man of learning managed to present his legal skills, later enhanced by persuasive theological arguments, as an expertise indispensable for government and to make himself so essential that he could regularly afford to break his contracts. The first edition of ten important tracts and speeches completes the work.
The ultimate guide to international maritime boundaries. Its unique practical features include: a systematic examination of all international maritime boundaries worldwide, the text of every modern boundary agreement, descriptions of judicially-established boundaries, plus other resources that make it an unmatched comprehensive, accessible resource in the field.
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