0
Your cart

Your cart is empty

Browse All Departments
  • All Departments
Price
  • R500 - R1,000 (1)
  • -
Status
Brand

Showing 1 - 1 of 1 matches in All Departments

The Uses of the Dead - The Early Modern Development of Cy-Pres Doctrine (Paperback): Caroline R. Sherman The Uses of the Dead - The Early Modern Development of Cy-Pres Doctrine (Paperback)
Caroline R. Sherman
R1,059 R895 Discovery Miles 8 950 Save R164 (15%) Ships in 12 - 17 working days

Cy-pres doctrine, which allows the purpose of a failing or impractical charitable gift to be changed, has been understood since the eighteenth century as a medieval canon law principle, derived from Roman law, to rescue souls by making good their last charitable intentions. The Uses of the Dead offers an alternate origin story for this judicial power, grounded in modern, secular concerns. Posthumous gifts, which required no sacrifice during life, were in fact broadly understood by canon lawyers and medieval donors themselves to have at best a very limited relationship to salvation. 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-pres emerged in the seventeenth century, it cut a charitable gift o from return to the donor's estate in the event of failure. It also gave the interested parties to the gift (heirs, beneficiaries, or trustees) little authority over resolutions to problematic gifts, which were now considered primarily in relationship to the donor's intent-even as the intent was ultimately honored only in its breach. The Uses of the Dead shows how cy-pres 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. These three factors combined to replace an older equitable ideal with a new equitable rule-one whose use has rapidly expanded in the modern era to allow assorted approximations and judicial redistributions of property.

Free Delivery
Pinterest Twitter Facebook Google+
You may like...
Loot
Nadine Gordimer Paperback  (2)
R205 R168 Discovery Miles 1 680
Goldair USB Fan (Black | 15cm)
R150 Discovery Miles 1 500
The Personal History Of David…
Dev Patel, Peter Capaldi, … DVD  (1)
R63 Discovery Miles 630
Koh-I-Noor Magic Set of Jumbo Triangular…
 (1)
R2,021 Discovery Miles 20 210
Seagull Metal Gym Rings
R159 Discovery Miles 1 590
Fly Repellent ShooAway (White)
 (3)
R349 R299 Discovery Miles 2 990
Microsoft Xbox Series Wireless…
R1,699 R1,589 Discovery Miles 15 890
Vital BabyŽ NURTURE™ Protect & Care…
R123 R51 Discovery Miles 510
Fine Living Meta Office Chair (Black)
R599 R549 Discovery Miles 5 490
Burberry London Eau De Parfum Spray…
R2,394 R1,443 Discovery Miles 14 430

 

Partners