scholarly journals Libertas contractus. Paolo Comitoli SJ (1545–1626) on freedom of contract in light of early modern private law

2021 ◽  
Vol 73 (1) ◽  
pp. 181-201
Author(s):  
Piotr Alexandrowicz
Keyword(s):  
Early Modern ◽  
Private Law ◽  
Human Actions ◽  
Freedom Of Contract ◽  
Freedom Of Will ◽  
Voluntary Consent ◽  
The Will

The paper presents the results of research devoted to the concept of freedom of contract in the writings of an early modern Italian Jesuit, Paolo Comitoli. He claimed that freedom of contract was one of the attributes of contracts and it was essential for the consent of parties entering into a contract. He distinguished between three types of this freedom. Freedom of will was a prerequisite in case of any and all human actions including contracts. Voluntariness was tantamount to a requirement for the will of the parties, which led to the consent to the contract, and it was the result of a voluntary decision which was not disturbed by any vices. Freedom of ownership enabled the parties to conduct a transfer of the object of contract in its broadly understood sense. Comitoli’s concept of contractual freedom was an expression of his belief that voluntary consent of the wills of the parties as the foundation of contractual consent was the basis and the main cause of a contract.

scholarly journals Necessity, Responsibility and Character: Schopenhauer on Freedom of the Will

2012 ◽  
Vol 17 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Christopher Janaway
Keyword(s):  
Individual Agent ◽  
Human Actions ◽  
Freedom Of Will ◽  
Freedom Of The Will ◽  
The Will ◽  
The Individual

AbstractThis paper gives an account of the argument of Schopenhauer's essay On the Freedom of the Human Will, drawing also on his other works. Schopenhauer argues that all human actions are causally necessitated, as are all other events in empirical nature, hence there is no freedom in the sense of liberum arbitrium indifferentiae. However, our sense of responsibility or agency (being the ‘doers of our deeds’) is nonetheless unshakeable. To account for this Schopenhauer invokes the Kantian distinction between empirical and intelligible characters. The paper highlights divergences between Schopenhauer and Kant over the intelligible character, which for Schopenhauer can be neither rational nor causal. It raises the questions whether the intelligible character may be redundant to Schopenhauer's position, and whether it can coherently belong to an individual agent, suggesting that for Schopenhauer a more consistent position would have been to deny freedom of will to the individual.

scholarly journals Jesuit freedom of contract

2009 ◽  
Vol 77 (3-4) ◽  
pp. 423-458 ◽  
Author(s):  
Wim Decock
Keyword(s):  
Early Modern ◽  
Early Modern Period ◽  
Philosophical Tradition ◽  
Moral Problem ◽  
Negative Freedom ◽  
Freedom Of Contract ◽  
Ius Commune ◽  
Modern Period ◽  
The Will

AbstractThis paper describes and explains the central role of the principle of contractual liberty with the Jesuits of the early modern period. Designed as a diptych, it intends to clarify how the legal and the moral philosophical tradition mutually enriched each other at the threshold of modernity. The 'ius commune' helped the Jesuits in formulating the idea of negative freedom, only for that 'ius commune' to undergo a transformation itself under the influence of the scientific account of contract law that the Jesuits were to develop on its basis. First it will be shown how the Jesuits arrived at a moral problem-solving method capable of freeing man from unduely burdensome obligations before the court of conscience through the application of the law of property and procedure. Secondly, this paper will highlight the turn towards positive freedom through the Jesuits' elaboration of a general doctrine of contract as a mutually accepted promise centered around the notions of liberty, consensualism, and the image of the will as a private legislator.

Grace and Freedom

2020 ◽  
Author(s):  
Richard A. Muller
Keyword(s):  
Early Modern ◽  
Church Of England ◽  
Roman Catholic ◽  
Reformed Theology ◽  
Divine Grace ◽  
Freedom Of The Will ◽  
Ultimate Cause ◽  
The Will ◽  
Libertarian Freedom ◽  
The Church

Grace and Freedom addresses the issue of divine grace in relation to the freedom of the will in Reformed or “Calvinist” theology in the late sixteenth and early seventeenth century with a focus on the work of the English Reformed theologian William Perkins, and his role as an apologist of the Church of England, defending its theology against Roman Catholic polemic, and specifically against the charge that Reformed theology denies human free choice. Perkins and his contemporaries affirmed that salvation occurs by grace alone and that God is the ultimate cause of all things, but they also insisted on the freedom of the human will and specifically the freedom of choice in a way that does not conform to modern notions of libertarian freedom or compatibilism. In developing this position, Perkins drew on the thought of various Reformers such as Peter Martyr Vermigli and Zacharias Ursinus, on the nuanced positions of medieval scholastics, and on several contemporary Roman Catholic representatives of the so-called second scholasticism. His work was a major contribution to early modern Reformed thought both in England and on the continent. His influence in England extended both to the Reformed heritage of the Church of England and to English Puritanism. On the Continent, his work contributed to the main lines of Reformed orthodoxy and to the piety of the Dutch Second Reformation.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

The will to give: charitable bequests, inter vivos gifts and community building in the Dutch Republic, c. 1600–1800

2012 ◽  
Vol 27 (2) ◽  
pp. 241-270 ◽  
Author(s):  
ELISE VAN NEDERVEEN MEERKERK
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
Urban Poor ◽  
Charitable Giving ◽  
Community Building ◽  
Social Groups ◽  
Poor Relief ◽  
The Will ◽  
Charitable Bequests

ABSTRACTThis article explores the role of different social groups in early modern Dutch towns in organising and financing poor relief. Examining both the income structure of Dutch urban poor relief organisations and voluntary donations and bequests by citizens reveals what motivations lay behind their involvement, and how and why these changed over time. In the seventeenth century, ‘middle groups’ donated more often and higher mean amounts, reflecting their efforts to contribute to urban community building. In the eighteenth century, the elite became relatively more involved in charitable giving. Also, the urge to give to one's own religious group seems to have increased in this period.

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

Seizures of the Will in Early Modern English Drama.

1997 ◽  
Vol 28 (2) ◽  
pp. 536
Author(s):  
B. R. Siegfried ◽  
Frank Whigham
Keyword(s):  
Early Modern ◽  
English Drama ◽  
Early Modern English Drama ◽  
Early Modern English ◽  
The Will

The Accidents of the Soul

2021 ◽  
pp. 55-82
Author(s):  
Benedict S. Robinson
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
Early Modern Period ◽  
Medical Diagnostics ◽  
Medical Discourse ◽  
Human Actions ◽  
Modern Period ◽  
Diagnostic Medicine ◽  
Over Time

“The Accidents of the Soul” asks which disciplines were seen to provide a knowledge of the passions in the early modern period, and how that map of the disciplines changed over time. It opens by noting the relatively minor position the passions held in a received philosophical “science of the soul,” itself divided between physics and metaphysics. As “accidents of the soul”—that is, contingent qualitative alterations in the soul—the passions lay at the margins of philosophical knowledge: they were seen as subject to too much particularity and contingency to belong to what one author called “certaine science.” They belonged instead to the “low” sciences, the practical sciences, fields that study human actions and that therefore were seen to produce a merely probable knowledge of particulars: fields like rhetoric, politics, poetics, ethics. The passions also belonged to medicine insofar as diagnostic medicine was understood as an art: in medicine, “accidents” are symptoms and the phrase “accidents of the soul” belongs to medical discourse insofar as it takes account of the particularities of the passions as part of a regimen of health. The chapter situates the seventeenth-century treatises on the passions in relation to various kinds of discourse on the passions all seen as promoting forms of probable knowledge on the model of medical diagnostics: physiology and “characterology,” most notably. It ends with a reading of Shakespeare’s Othello as a text that probes the limits—and the dangers—of this probable knowledge of the passions.

Davenant on the Will of God and the Divine Decrees

2021 ◽  
pp. 147-160
Author(s):  
Michael J. Lynch
Keyword(s):  
Early Modern ◽  
Extended Treatment ◽  
God's Will ◽  
Making Sense ◽  
Divine Will ◽  
God's Love ◽  
The Will ◽  
The Difference ◽  
Will Of God

This chapter discusses another important doctrine relative to John Davenant’s hypothetical universalism: the divine will. Observing that the doctrine of God’s will in early modern scholastic theology, including among Reformed theologians, involved a plethora of scholastic distinctions, the chapter shows that Davenant’s theology of the divine will was heavily influenced by these distinctions, which were themselves ways of making sense of apparent contradictory claims in Scripture. Davenant’s employment of these medieval distinctions, such as between God’s love of simple complacency and his absolute will, are given extended treatment. This chapter also gives attention to the difference between a divine conditional and an absolute will. Finally, tying all these distinctions together, this chapter explains how Davenant employs them to buttress his hypothetical universalism.

Sign in / Sign up

Export Citation Format

Share Document