The Uses of the Dead: The Early Modern Developmkent of Cy-Près Doctrine (Studies in Medieval and Early Modern Canon Law)
| Author | : | |
| Rating | : | 4.94 (999 Votes) |
| Asin | : | 0813229502 |
| Format Type | : | paperback |
| Number of Pages | : | 408 Pages |
| Publish Date | : | 2017-06-11 |
| Language | : | English |
DESCRIPTION:
Sherman is assistant professor of history at the Catholic University of America . Caroline R
The Uses of the Dead shows how cy-près developed out of controversies over church property, particularly monastic property, and whether it might be legally turned over to fund education, poor relief, or national defense.Renaissance humanists hoped to make better, more prudent uses of property; the Reformation sought to correct superstitious abuses of property and ultimately tended to prevent donors' heirs from recovering secularized ecclesiastical gifts; and the early modern state attempted to centralize poor relief and charitable efforts under a more rational, centralized supervision. As a consequence, for much of the Middle Ages the preferred method for resolving impossible or impractical gifts was to try to reach a consensus among all of the interested parties to the gift, including the donor's heirs and the recipients, with the mediation of the local bishop.When cy-près emerged in the seventeenth century, it cut a charitable gift o from return to the donor's estate in the event of failure. Pos
The context turns out to be much more in the intense religious conflicts of early modern England than it is in the Middle Ages. Sherman's book seeks, for the first time, to place the origins of the cy-pres doctrine firmly in its historical context. "Prof. Freund Professor of Law, Harvard Law School . It is a first-class work of legal history." -Charles Donahue, Jr., Paul A. The book casts new light on the history of both will-making and of charitable giving. Much that has been said over the centuries by lawyers and judges about the hi