Law and Protestantism The Legal Teachings of the Lutheran Reformation

includes index and biblioraphy

Introduction ...1 Law and theology in the lutheran reformation ...5 Ernst troeltch and the historiography of the lutheran reformation ...23 1 Canon law and civil law on the eve of the reformation ...33 Canon law ....35 Civil law ...42 Canon law and civil law ...46 Conclusions ....49 2 Loving thine enemy`s law : The evangelical conversion of catholic canon law ...53 The battle over the canon law ...53 Crisis and critism ...65 Compromise : The evangelical conversion of the canon law ...70 Summary and conclusions ...83 3 A mighty fortress : Luther and the two-kingdoms framework ...87 A wilderness of cauistry ...88 Theory of being ...89 Theory of the person ...94 Theory of the church ...97 Theory of knowledge ...99 Theory of righteousness ...101 Implications for theories of law, politics, and society ...105 Summary and conclusions ...115 4 Perhaps jurists are good christians after all :Lutheran theories of law, politics, and society ...119 Luther and the jurists ...119 The legal philosophy of philp melanchton ...121 Johannes eisermann on law and the common good ...140 Johann oidendorp on law and equity ...154 Summary and conclusions ...1168 5 From Gospel to law : The lutheran reformation laws ...177 The early reformations ...177 The lutheran reformation laws ...182 6 The mother of all earthly laws : The reformation of marriage law ...199 The inheritance ...202 The new evangelical theology of marriage ...214 The new civil law of marriage ...232 Summary and conclusions ...252 7 The civic seminary : The reformation of education law ...257 The inheritance ...259 The new luthern theology of education ...262 The new civil law of public education ...277 Summary and conclusions ...290 Concluding reflections ...293 The legal legacy of the lutheran reformation ...295 The theological legacy of the lutheran reformation ...298