Martin Luther and Thomas More: Two Trials of Conscience

Moreana ◽  
2003 ◽  
Vol 40 (Number 153- (1-2) ◽  
pp. 173-192
Author(s):  
Archibald Young

At their trials, both Luther and More seemed to defend themselves by arguing that their actions had been guided by conscience. On these grounds, later generations claimed them as champions of the freedom of individual conscience. However, the writings Luther produced in the years surrounding his trial suggest that while he believed faith was free, he deemed the individual conscience was not. Rather, it should be subject to the law. More, on the contrary, insisted that under certain circumstances conscience could claim to be free and believed that the principle of equity (in England associated with the law’s exercise of conscience) gave magistrates important discretionary powers to grant that freedom. Both More and Luther explored the way in which the experience of tribulation was related to the exercise of conscience, but on this topic, too, their ideas differed.

1991 ◽  
Vol 41 (2) ◽  
pp. 365-388 ◽  
Author(s):  
Christopher Bobonich

One of the distinctions that Plato in the Laws stresses most heavily in his discussion of the proper relation between the individual citizen and the laws of the city is that between persuasion and compulsion. Law, Plato believes, should try to persuade rather than compel the citizens. Near the end of the fourth book of the Laws, the Athenian Stranger, Plato's spokesman in this dialogue, asks whether the lawgiver for their new city of Magnesia should in making laws ‘explain straightaway what must and must not be done, add the threat of a penalty, and turn to another law, without adding a single bit of encouragement or persuasion [παραμυθας δ κα πειθος … ἓν] to his legislative edicts’ (Laws 720a 1–2). A few lines later, the Athenian Stranger himself condemns such a procedure as ‘the worse and more savage alternative’ (τò χεῖρον τοῖν δυοῖν κα γριώτερον 720e4). The better method is for the laws themselves to try to persuade (πεθειν) the citizens to act in the manner that they prescribe. And as a means of doing this, Plato proposes attaching preludes (προομια) to particular laws and to the legal code as a whole: such preludes will supplement the sanctions attached to the laws and will aim at persuading the citizens to act in the way that the laws direct for reasons other than fear of the penalties attached to the law. Such a practice, Plato believes, is an innovation: it is something that no lawgiver has ever thought of doing before (722b–e). And we have no reason to think that Plato is here excluding his earlier self, e.g. the Plato of the Republic and the Politicus, from this criticism.


2020 ◽  
Vol 17 (1) ◽  
pp. 27-38
Author(s):  
Alexander Evstratov ◽  
Igor Guchenkov

Introduction. The significance of the study lies in the consideration of issues related to the disclosure of the legal foundations of social statehood, the determination of the value of law and ownership as necessary elements of comprehensive human development, as well as the understanding of the limitations that the use of only substantive criteria for the implementation of the idea of a social state provides. Purpose. The aim of the article is to identify the need for the main principle of human community – the development of a free individual, when the person does not feel any total control by the state, or solitude in the market struggle, to be pursued. Methodology. Formal legal method, analysis, synthesis, formal logical method, systematic approach. Results. The common forms of relationships between individuals and society are considered. It is determined that the most promising ideal type of social relationships should be a mixed type, the prerequisite of which is the equivalent value of the individual and society (society and the state) that exist in different historical epochs. An important role is assigned to the law and ownership, it follows that who destroys the law and ownership, then destroys the personality as well. The order of the human community, based on property and laws governing that, is a system of dependence of those who have no property on those who have it. It is also pointed out that the possibility of acquiring property and thus making an inter-class transition is not the property and the transition itself, because it does not guarantee free development for everyone. Every individual must understand that his own freedom cannot occur without the freedom of other people, that while working on achieving this type of order, the individual works not only on society but on himself as well. Each person may demand the same rights for himself by giving others a possibility to manifest themselves through their ownership rights. Awareness of his individuality is the way to comprehension of the meaning of personal independence, while the awareness of other individuals as independent equals whom he needs for his own development is the way to interaction among people, a chance to make the life well-ordered. Conclusion. It is necessary to speak of the social state as a special ideal, which is based on the eternal harmony, not the struggle, of two opposite, but identical in their nature qualities of a man: a will for privacy, selfishness, striving for isolation, domination over their own kind, which could be found in society, and the public, universal, striving to preserve everything, which are expressed in the state. In both theory and legislation, it is necessary to reflect those interests, the reasonableness of which is historically predetermined, so that they, through the law, entered the consciousness of everyone, became our common interests. That is why we need an actual guarantee of free education in the broadest sense, as a spiritual basis for the implementation of the idea of a social state and the education of a new generation of young people, who can be called a future leaders of Russia.


2013 ◽  
Vol 47 (2) ◽  
Author(s):  
Piet Strauss

In die denke van Martin Luther bestaan daar spanning tussen die wet van God en die evangelie. Vir Luther is liefde die eie werk en die wet die vreemde werk van God. Daarteenoor integreer of versoen Johannes Calvyn God se wet met die evangelie. Hy vertolk die openingswoorde van die wet byvoorbeeld as liefdevol en bevrydend en daarom evangelies. Calvyn beskou die wet as die manier waarop ’n Christen sy liefde vir God uitleef en sy dankaarheid teenoor God vir sy verlossing betoon. Calvyn se siening oor die verhouding tussen die wet en die evangelie het ’n betekenisvolle invloed op die Heidelbergse Kategismus se formulering ten opsigte van hierdie saak. Volgens die Kategismus is die wet evangelie, of die vorm wat die evangelie in die lewe van die mens aanneem.In the thought of Martin Luther tension exists between the law of God and the gospel. Luther regards love as the own work of God and the law as something strange to the Lord. John Calvin, however, integrates Gods law and the gospel to the extent that the opening words of the ten commandments are regarded as words of love and redemption and therefore evangelical. To Calvin the law becomes the way in which a converted Christian lives and shows his gratitude to God for his salvation. Calvin’s view on the relationship between law and gospel had a significant influence on the way in which the Heidelberg Cathecism formulates these two concepts. For the Cathecism the law is gospel or the form in which the gospel takes shape in human life.


2001 ◽  
Vol 209 (2) ◽  
pp. 105-117 ◽  
Author(s):  
Thomas Kleinsorge ◽  
Herbert Heuer ◽  
Volker Schmidtke

Summary. When participants have to shift between four tasks that result from a factorial combination of the task dimensions judgment (numerical vs. spatial) and mapping (compatible vs. incompatible), a characteristic profile of shift costs can be observed that is suggestive of a hierarchical switching mechanism that operates upon a dimensionally ordered task representation, with judgment on the top and the response on the bottom of the task hierarchy ( Kleinsorge & Heuer, 1999 ). This switching mechanism results in unintentional shifts on lower levels of the task hierarchy whenever a shift on a higher level has to be performed, leading to non-shift costs on the lower levels. We investigated whether this profile depends on the way in which the individual task dimensions are cued. When the cues for the task dimensions were exchanged, the basic pattern of shift costs was replicated with only minor modifications. This indicates that the postulated hierarchical switching mechanism operates independently of the specifics of task cueing.


Author(s):  
Beatrice Marovich

‘The art of free society’, A.N. Whitehead declares in his essay on symbolism, is fundamentally dual. It consists of both ‘maintenance of the symbolic code’ and a ‘fearlessness of [its] revision’. This tension, on the surface paradoxical, is what Whitehead believes will prevent social decay, anarchy, or ‘the slow atrophy of a life stifled by useless shadows’. Bearing in mind Whitehead’s own thoughts on the nature of symbolism, this chapter argues that the figure of the creature has been underappreciated in his work as a symbol. It endeavors to examine and contextualize the symbolic potency of creatureliness in Whitehead’s work, with particular attention directed toward the way the creature helps him to both maintain and revise an older symbolic code. In Process and Reality, ‘creature’ serves as Whitehead’s alternate name for the ‘individual fact’ or the ‘actual entity’—including (perhaps scandalously, for his more orthodox readers) the figure of God. What was Whitehead’s strategic motivation for deploying this superfluous title for an already-named category? In this chapter, it is suggested that his motivation was primarily poetic (Whitehead held the British romantic tradition in some reverence) and so, in this sense, always and already aware of its rich symbolic potency.


Moreana ◽  
2010 ◽  
Vol 47 (Number 181- (3-4) ◽  
pp. 9-68
Author(s):  
Jean Du Verger

The philosophical and political aspects of Utopia have often shadowed the geographical and cartographical dimension of More’s work. Thus, I will try to shed light on this aspect of the book in order to lay emphasis on the links fostered between knowledge and space during the Renaissance. I shall try to show how More’s opusculum aureum, which is fraught with cartographical references, reifies what Germain Marc’hadour terms a “fictional archipelago” (“The Catalan World Atlas” (c. 1375) by Abraham Cresques ; Zuane Pizzigano’s portolano chart (1423); Martin Benhaim’s globe (1492); Martin Waldseemüller’s Cosmographiae Introductio (1507); Claudius Ptolemy’s Geographia (1513) ; Benedetto Bordone’s Isolario (1528) ; Diogo Ribeiro’s world map (1529) ; the Grand Insulaire et Pilotage (c.1586) by André Thevet). I will, therefore, uncover the narrative strategies used by Thomas More in a text which lies on a complex network of geographical and cartographical references. Finally, I will examine the way in which the frontispiece of the editio princeps of 1516, as well as the frontispiece of the third edition published by Froben at Basle in 1518, clearly highlight the geographical and cartographical aspect of More’s narrative.


Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 77-96
Author(s):  
Travis Curtright

Because Thomas More did not introduce grand programs of Utopian policy through new legislation, or modify the fundamental nature of British law with principles of humanist jurisprudence, most scholars regard More as a follower of Cardinal Wolsey’s legal innovations and not much of a reformer himself. This essay will challenge that perception, presenting More as a humanist reformer by examining the importance of equity to humanist legal and rhetorical studies and by showing how More viewed the law as part of the liberal arts.


2020 ◽  
Vol 8 (1) ◽  
pp. 37-46
Author(s):  
Stanislava Varadinova

The attention sustainability and its impact of social status in the class are current issues concerning the field of education are the reasons for delay in assimilating the learning material and early school dropout. Behind both of those problems stand psychological causes such as low attention sustainability, poor communication skills and lack of positive environment. The presented article aims to prove that sustainability of attention directly influences the social status of students in the class, and hence their overall development and the way they feel in the group. Making efforts to increase students’ attention sustainability could lead to an increase in the social status of the student and hence the creation of a favorable and positive environment for the overall development of the individual.


2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.


Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?


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