Promissory issues in common and canon law in the high and later middle ages in England
| dc.contributor.author | Caldwell, Chelsea C. | |
| dc.contributor.supervisor | Haskett, Timothy Shaw | |
| dc.date.accessioned | 2025-12-04T23:50:01Z | |
| dc.date.available | 2025-12-04T23:50:01Z | |
| dc.date.issued | 1999 | |
| dc.degree.department | Department of History | |
| dc.description.abstract | This study compares the secular and ecclesiastical treatment of promissory matters in the High and Later Middle Ages in England. The theology of marriage written by St Thomas Aquinas and St Raymund de Penafort is examined, and its relevance to the actions of the ecclesiastical courts of England is evaluated. The ecclesiastical treatment of promissory issues is viewed through the canon law's response to the issues of nonfeasance and misfeasance in the marriage contract. As well, evidentiary issues in marriage litigation are discussed. The secular treatment of promissory matters is examined through the development of the Common law of contract in England. The secular legal response to the issues of nonfeasance and misfeasance is evaluated and contrasted with the ecclesiastical response to the same issues. The difference between the manner and time in which the Common law developed its law of contract is contrasted with the development of the canon law in response to the same sort of evidentiary and theoretical problems. The comparison of the two responses to promissory issues indicates a greater facility on the part of the canon law to respond speedily to specific problems and to formulate legal and philosophical theory governing promissory issues. | |
| dc.description.scholarlevel | Graduate | |
| dc.identifier.uri | https://hdl.handle.net/1828/22951 | |
| dc.language.iso | en | |
| dc.rights | Available to the World Wide Web | |
| dc.title | Promissory issues in common and canon law in the high and later middle ages in England | |
| dc.type | Thesis |