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The Global ETD Search service is a free service for researchers
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Networked Digital Library of Theses and Dissertations.
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Daniel Featley and Calvinist conformity in early Stuart EnglandSalazar, Gregory Adam January 2018 (has links)
This thesis examines the life and works of the English Calvinist clergyman Daniel Featley (1582-1645) through the lens of various printed and manuscript sources, especially his manuscript notebooks in Oxford. It links his story and thought to the broader themes of early Stuart religious, political, and intellectual history. Chapter one analyses the first thirty- five years of Featley’s life, exploring how many of the features that underpin the major themes of Featley’s career—and which reemerged throughout his life—were formed and nurtured during Featley’s early years in Oxford, Paris, and Cornwall. There he emerges as an ambitious young divine in pursuit of preferment; a shrewd minister, who attempted to position himself within the ecclesiastical spectrum; and a budding polemicist, whose polemical exchanges were motivated by a pastoral desire to protect the English Church. Chapter two examines Featley’s role as an ecclesiastical licenser and chaplain to Archbishop George Abbot in the 1610s and 1620s. It offers a reinterpretation of the view that Featley was a benign censor, explores how pastoral sensitivities influenced his censorship, and analyses the parallels between Featley’s licensing and his broader ecclesiastical aims. Moreover, by exploring how our historiographical understandings of licensing and censorship have been clouded by Featley’s attempts to conceal that an increasingly influential anti- Calvinist movement was seizing control of the licensing system and marginalizing Calvinist licensers in the 1620s, this chapter (along with chapter 7) addresses the broader methodological issues of how to weigh and evaluate various vantage points. Chapters three and four analyse the publications resulting from Featley’s debates with prominent Catholic and anti-Calvinist leaders. These chapters examine Featley’s use of patristic tradition in these disputes, the pastoral motivations that underpinned his polemical exchanges, and how Featley strategically issued these polemical publications to counter Catholicism and anti-Calvinism and to promulgate his own alternative version of orthodoxy at several crucial political moments during the 1620s and 1630s. Chapter five focuses on how, in the 1620s and 1630s, the themes of prayer and preaching in his devotional work, Ancilla Pietatis, and collection of seventy sermons, Clavis Mystica, were complementary rather than contradictory. It also builds on several of the major themes of the thesis by examining how pastoral and polemical motivations were at the heart of these works, how Featley continued to be an active opponent—rather than a passive bystander and victim—of Laudianism, and how he positioned himself politically to avoid being reprimanded by an increasingly hostile Laudian regime. Chapter six explores the theme of ‘moderation’ in the events of the 1640s surrounding Featley’s participation at the Westminster Assembly and his debates with separatists. It focuses on how Featley’s pursuit of the middle way was both: a self-protective ‘chameleon- like’ survival instinct—a rudder he used to navigate his way through the shifting political and ecclesiastical terrain of this period—and the very means by which he moderated and manipulated two polarized groups (decidedly convictional Parliamentarians and royalists) in order to reoccupy the middle ground, even while it was eroding away. Finally, chapter seven examines Featley’s ‘afterlife’ by analysing the reception of Featley through the lens of his post-1660 biographers and how these authors, particularly Featley’s nephew, John Featley, depicted him retrospectively in their biographical accounts in the service of their own post-restoration agendas. By analysing how Featley’s own ‘chameleon-like’ tendencies contributed to his later biographers’ distorted perception of him, this final chapter returns to the major methodological issues this thesis seeks to address. In short, by exploring the various roles he played in the early Stuart English Church and seeking to build on and contribute to recent historiographical research, this study sheds light on the links between a minister’s pastoral sensitivities and polemical engagements, and how ministers pursued preferment and ecclesiastically positioned themselves, their opponents, and their biographical subjects through print.
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A Pragmatic Standard of Legal ValidityTyler, John 2012 May 1900 (has links)
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law.
These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism.
In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method.
This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior.
The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent.
The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will.
Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.
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