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

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.

In this book, twelve scholars of early modern history analyse various categories and cases of deception and false identity in the age of geographical discoveries and of forced conversions: from two-faced conversos to serial converts, from demoniacs to stigmatics, and from self-appointed ambassadors to lying cosmographer.

This is an examination of how early modern poets attempt to capture the experience of being in the grip of conscience.

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.

While humility is not especially valued in modern Western culture, Jennifer Clement argues here, it is central to sixteenth- and seventeenth-century understandings of Christian faith and behavior, and is vital to early modern concepts of the self. As this study shows, early modern literary engagements with humility link it to self-knowledge through the practice of right reading, and make humility foundational to any proper understanding of human agency. Yet humility has received little critical interest, and has often been misunderstood as a false virtue that engenders only self-abjection. This study offers an overview of various ways in which humility is discussed, deployed, or resisted in early modern texts ranging from the explicitly religious and autobiographical prose of Katherine Parr and John Donne, to the more politically motivated prose of Queen Elizabeth I and the seventeenth-century reformer and radical Thomas Tryon. As part of the wider 'turn to religion' in early modern studies, this study seeks to complicate our understanding of a mainstream early modern virtue, and to problematize a mode of critical analysis that assumes agency is always defined by resistance.

This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.

The survival and revival of Roman Catholicism in post-Reformation Britain remains the subject of lively debate. This volume examines key aspects of the evolution and experience of the Catholic communities of these Protestant kingdoms during the sixteenth and seventeenth centuries. Rejecting an earlier preoccupation with recusants and martyrs, it highlights the importance of those who exhibited varying degrees of conformity with the ecclesiastical establishment and explores the moral and political dilemmas that confronted the clergy and laity. It reassesses the significance of the Counter Reformation mission as an evangelical enterprise; analyses its communication strategies and its impact on popular piety; and illuminates how Catholic ritual life creatively adapted itself to a climate of repression. Reacting sharply against the insularity of many previous accounts, this book investigates developments in the British Isles in relation to wider international initiatives for the renewal of the Catholic faith in Europe and for its plantation overseas. It emphasises the reciprocal interaction between Catholicism and anti-Catholicism throughout the period and casts fresh light on the nature of interconfessional relations in a pluralistic society. It argues that persecution and suffering paradoxically both constrained and facilitated the resurgence of the Church of Rome. They presented challenges and fostered internal frictions, but they also catalysed the process of religious identity formation and imbued English, Welsh and Scottish Catholicism with peculiar dynamism. Prefaced by an extensive new historiographical overview, this collection brings together a selection of Alexandra Walsham's essays written over the last fifteen years, fully revised and updated to reflect recent research in this flourishing field. Collectively these make a major contribution to our understanding of minority Catholicism and the Counter Reformation in the era after the Council of Trent.

Medical ethics draws upon methods from a wide array of disciplines, including anthropology, economics, epidemiology, health services research, history, law, medicine, nursing, philosophy, psychology, sociology, and theology. In this influential book, outstanding scholars in medical ethics bring these many methods together in one place to be systematically described, critiqued, and challenged. Newly revised and updated chapters in this second edition include philosophy, religion and theology, virtue and professionalism, casuistry and clinical ethics, law, history, qualitative research, ethnography, quantitative surveys, experimental methods, and economics and decision science. This second edition also includes new chapters on literature and sociology, as well as a second chapter on philosophy which expands the range of philosophical methods discussed to include gender ethics, communitarianism, and discourse ethics. In each of these chapters, contributors provide descriptions of the methods, critiques, and notes on resources and training. Methods in Medical Ethics is a valuable resource for scholars, teachers, editors, and students in any of the disciplines that have contributed to the field. As a textbook and reference for graduate students and scholars in medical ethics, it offers a rich understanding of the complexities involved in the rigorous investigation of moral questions in medical practice and research.

Linking the decline in Church authority in the late seventeenth and early eighteenth centuries with the increasing respectability of fiction, Carol Stewart provides a new perspective on the rise of the novel. The resulting readings of novels by authors such as Samuel Richardson, Sarah Fielding, Frances Sheridan, Charlotte Lennox, Tobias Smollett, Laurence Sterne, William Godwin, and Jane Austen trace the translation of ethical debate into secular and gendered terms. Stewart argues that the seventeenth-century debate about ethics that divided Latitudinarians and Calvinists found its way into novels of the eighteenth century. Her book explores the growing belief that novels could do the work of moral reform more effectively than the Anglican Church, with attention to related developments, including the promulgation of Anglican ethics in novels as a response to challenges to Anglican practice and authority. An increasingly legitimate genre, she argues, offered a forum both for investigating the situation of women and challenging patriarchal authority, and for challenging the dominant political ideology.