Jump to ContentJump to Main Navigation
The History of Scottish Theology, Volume ICeltic Origins to Reformed Orthodoxy$
Users without a subscription are not able to see the full content.

David Fergusson and Mark W. Elliott

Print publication date: 2019

Print ISBN-13: 9780198759331

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780198759331.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 June 2020

Early Modern Jurisprudence and Theology

Early Modern Jurisprudence and Theology

(p.328) 23 Early Modern Jurisprudence and Theology
The History of Scottish Theology, Volume I

Thomas M. Green

Oxford University Press

This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which these two distinct histories intersected in respect of marriage law and the law of incest are considered. The interaction of theology and jurisprudence among the writings of Scotland’s earliest legal writers and earliest institutional writers is also considered, including the influence of Calvinism on criminal law, and of scholastic moral theology on Scots private law.

Keywords:   spiritual jurisdiction, Canon law, marriage law, ius commune, civil law, law of God, Calvinist discipline, criminal law, criminalization of sin

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .