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The History of Scottish Theology, Volume ICeltic Origins to Reformed Orthodoxy$
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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

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Early Modern Jurisprudence and Theology

Early Modern Jurisprudence and Theology

Chapter:
(p.328) 23 Early Modern Jurisprudence and Theology
Source:
The History of Scottish Theology, Volume I
Author(s):

Thomas M. Green

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198759331.003.0023

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

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