In this dissertation I provide an edition of the treatise on usury (De usuris, bk. 2, tit. 7) contained in the Dominican friar John of Freiburg’s (d. 1314) Summa confessorum (ca. 1298) – a comprehensive encyclopedia of pastoral care that John wrote for the benefit of his fellow friar preachers and all others charged with the cure of souls. The edition is prefaced by a detailed biography of John of Freiburg, an account of the genesis of the Summa confessorum that places the work in the context of John’s other literary productions, a commentary on the contents of the treatise on usury, and a study of the influence of John’s treatise on subsequent confessors’ manuals up to the end of the fourteenth century with a special concentration on the history of the Summa confessorum on usury in England. Based on an analysis of the social function of confessors’ manuals and the reception history of John’s treatise on usury, I contend that the Summa confessorum offers us a window into what many medieval men and women of all social classes in widespread areas of Europe might have known about the medieval Church’s prohibition of taking interest in a loan. As a prominent vehicle for the popularization of medieval canon law, then, the Summa confessorum occupies a significant place in the intellectual and social history of the Late Middle Ages. Finally, I argue that John’s choices in crafting his treatise on usury were ultimately influenced to a significant extent by the clash of economic interests between the old landed aristocracy and the rising burgher class in Freiburg, where John wrote the Summa confessorum and served as lector of the Dominican convent for over thirty years.

Typescript. / Thesis (Ph. D.)--University of Hawaii at Manoa, 1977. / Bibliography: leaves 92-95. / Microfiche. / vii, 95 leaves ill

En 1724, le chapitre d’Utrecht rompait définitivement avec Rome en se dotant d’une hiérarchie propre. Or précisément au même moment, les persécutions anti-jansénistes augmentaient en France, particulièrement contre les religieux. Depuis longtemps cette Église entretenait des liens avec les milieux port-royalistes et elle devint rapidement et logiquement le lieu où l’on pouvait envoyer ces religieux à couvert des persécutions. La naissance et les premières péripéties de ce refuge, créé dans l’urgence, sont l’objet particulier de notre étude. Les jansénistes français mirent rapidement tous leurs espoirs dans l’Église d’Utrecht, celle ci devant servir de modèle à une Église universelle obscurcie. Mais très vite les rêves et les espoirs se sont heurtés à une réalité bien moins reluisante. Les difficultés rencontrées furent multiples et les divisions croisées à divers niveaux, dans l’Église de Hollande ou dans les communautés, en France ou aux Provinces-Unies, individuellement ou en groupe, jusqu’à rendre la situation inextricable. Ces difficultés compromirent l’avenir de ce refuge mais aussi de l’Église d’Utrecht jusqu’à ce que l’interaction France-Hollande diminue sous l’épiscopat de Meindaerts (1739-1767), amenant l’apaisement. / In 1724, the chapter of Utrecht consecrated its own bishop, thus breaking up for good with Rome. And strikingly enough, at the same time in France, jansenists were increasingly persecuted, especially in congregations. The Dutch clergy of Utrecht has for long maintained close links with French jansenism circles so that it became naturally and quickly the best place to shelter these oppressed monks. The various episodes, including the genesis of this makeshift church, shall retain our attention and be the main topic of our study. French jansenists soon relied upon this new independent church which was expected to provide a good example for Rome to follow. Yet, pretty soon, all their dreams and hopes vanished and melted away as they faced reality. Division, added to several difficulties arose on different levels, be it in the Dutch Church, in communities, in France or in the United Provinces, and consequently aggravated the situation. Those latter hindrances threatened not only the existence and the future of the refuge but also compromised the Utrecht Church. However, the episcopate of Meindaerts (1739-1767) brought about relief and comfort.

O presente estudo propõe uma análise sobre o tema da usura no pensamento de São Tomás de Aquino de forma a determinar sua aplicabilidade à questão dos juros remuneratórios tal qual se apresenta hodiernamente no Direito Brasileiro. Inicialmente a concepção de Aquino é avaliada à luz da tríplice base que a compõe: a Lei Natural, segundo a qual se considera a esterilidade do dinheiro e a justiça natural; a Lei Humana, tida aqui como o Direito Romano, do qual se absorve a noção de fungibilidade do dinheiro e a conceituação dos contratos de mútuo; e a Lei Divina, tomada por São Tomás de forma a corroborar aquilo que se depreende das demais leis. Na sequencia, a problemática dos juros e da sua extrapolação usurária é avaliada no âmbito do ordenamento jurídico pátrio, tanto sob o prisma de sua evolução histórica quanto das discussões que envolvem a matéria em nossos dias. Finalmente, partindo de uma conceituação de juros e usura compatível com o pensamento do Doutor Angélico, avaliaremos o que viria a determinar o preço justo nos contratos de mútuo financeiro com vistas a estabelecer parâmetros indicativos para a limitação das taxas de juros no Direito Brasileiro, tanto nas operações praticadas no âmbito civil quanto naquelas contratadas junto ao Sistema Financeiro Nacional / This study proposes an analysis of the theme of usury in the thinking of St. Thomas Aquinas to determine its applicability to the question of compensatory interest as it is now understood under Brazilian Law. Initially Aquinass concept is evaluated in the light of its triple base: Natural Law, which considers the sterility ofmoney and natural justice; Human Law, seen here as Roman Law, from which the notion offungibility of money and the conceptualization of mutuum agreements are derived; and Divine Law, taken by St. Thomas as a means of corroborating what is deduced from the other laws.Next, the critical issues involving interest and their usurious extrapolation are evaluated in the sphere of our national legal system, from both the perspectives of its historical evolution and of the discussions that involve the subject today. And finally, beginning with an appraisal of interest and usury compatible with the thinking of the Angelic Doctor, we will evaluate what woulddetermine the just price in mutuum contracts,seeking to establish parameters for an eventual limitation ofinterest rates in Brazilian Law, both in transactions involving non-banking entities and in those contracted within the National Financial System.

Made available in DSpace on 2016-03-15T19:48:48Z (GMT). No. of bitstreams: 1 Mauricio de Castro e Souza.pdf: 867012 bytes, checksum: ad34ac90702a719d6b776a15b9d8efd6 (MD5) Previous issue date: 2006-12-05 / Fundo Mackenzie de Pesquisa / The practice on interest on lent is present in everyday life. The Bible dealt with this issue, and the matter was a subject treated in the Code of Hammurabi and in the Roman Law. The loan interest, in the Middle Ages, was important to promote development, trade, marine exploration trips, and even in the Crusades. The Christian Church simultaneously condemned the practice of usury, that is, the lent on interest. But sometimes it not only authorized the practice, the Church did also benefit from it. Calvin, although personally contrary to the practice of lent on interest, realized the impossibility of its abolition and showed himself in favor of the lent on interest. Nonetheless, he separated between the loan for consumption and the loan for production, to be used to promote development. In his understanding, the loan for production was fair because the borrower, working out the money, intends to obtain a superior amount than the money taken. However, conscious that the interest affects directly the cost of living, resulting negatively to the poor, Calvin restricts and systematizes the loan on interest to aim two targets: 1) Our actions must glorify God; 2) Our benefits must affect positively the surrounding community. / A prática do empréstimo a juros sempre esteve presente na vida das pessoas, visto que a Bíblia, o Código de Hamurabi e o Direito Romano já tratavam do assunto. O empréstimo a juros na Idade Média foi importante para promover o desenvolvimento, sendo utilizado no comércio, nas viagens marítimas, e até mesmo nas épocas das Cruzadas. A Igreja Cristã, ao mesmo tempo em que condenava a prática da usura, isto é, empréstimo a juros, por muitas vezes não só autorizou mas, também, usufruiu de ganhos adquiridos com juros. Calvino, apesar de contrário à prática do empréstimo a juros, mas por perceber que seria impossível aboli-lo, manifestou-se de certa forma favorável à temática em questão. Todavia, separou o empréstimo de consumo, do empréstimo de produção, o qual foi utilizado para promover o desenvolvimento. No entender de Calvino, o empréstimo de produção era justo, pois, o que empresta nesta linha de ganho, pretende ganhar outro tanto superior o valor emprestado. Mas, consciente que os juros afetam diretamente o custo de vida, e os menos favorecidos financeiramente serão os mais afligidos, restringe e sistematiza o empréstimo a juros, com a dupla finalidade: 1) que as nossas atitudes glorifiquem a Deus; 2) que devem beneficiar a comunidade em que vivemos.

This thesis analyses the cost of credit in the micro-finance industry in South Africa. The study situates micro-lending agreements within the law of contract, beginning with an examination of contractual fairness in terms of the common law: the fundamental principle of freedom of contract that underpins the common law of contract; the principle that agreements contrary to public policy should not be enforced; and the impetus given by constitutional values that inform public policy. In regard to moneylending transactions, common law usury law will be explained. The study then goes on to trace the origins and rapid growth of the micro-finance industry which was made possible by its exemption in 1992 from the Usury Act 73 of 1968. The upshot of this development was that registered micro-lenders have for nearly 14 years charged excessive interest rates, and continue to do so. The dire socio-economic impact of these high interest rates on individual consumers and lowincome communities is then demonstrated: how borrowers of small loans soon become over-indebted; the loss of billions of rands every year to low-income communities in the form of interest on micro-loans. The study then shifts to the legislative response to the need for consumer protection in regard to consumer credit. The extensive credit law review process is explained, resulting ultimately in the National Credit Act 34 of 2005, which allows the Minister to prescribe limits on interest rates and fees in all sectors of the consumer credit market. The prescribed limits on the cost of credit in the micro-finance sector are thoroughly explained and analysed, with particular reference to the implications of each element of the credit costing structure, and the combined impact of the total cost of credit on different types and sizes of loans. The envisaged maximum interest and fees will markedly alter the positions of micro-lenders and consumers, and receive careful analysis. The study closes with a summary of findings in the thesis, which includes suggested amendments to the National Credit Regulations and a review of possible legal challenges to the high cost of credit on smaller loans.

The project analyzes current legislation on usury in the Czech Republic and the financial literacy of the adult population. On 1 Dec. 2016, an amended Act on Consumer Loans entered into force and this project examines it. The project compares Czech legislation on usury with selected European Union countries. Czech legislation is similar with German and Portugal legislation, especially in terms of civil law. The most effective legislation can be considered in Spain, which explicitly stipulates allowed interest rate limits. Based on that, Czech legislation on usury should be adjusted. The research results show a correlation between respondents' highest-achieved level of education and their financial literacy levels. The research also finds that the number of court distraints (property seizures) and the willingness to borrow money is lower among respondents with university-level education than for respondents with secondary and basic school education. When comparing our findings with research by STEM/MARK dating from 2010, it is clear that the financial literacy of the adult population in the Czech Republic has not changed significantly since that time.

Jews were integral part of medieval urban society. For Christians, there was a widespread prohibition of lending money on interest, that's why were Jews focused on this part of urban economy. It is documented also in Znojmo, where are kept well preserved municipal books, containing records of Jewish credit from time span 1415- 1438. Based on these records we can analyse details of the loans: names of creditors and debtors, place of their origin, sums owed etc. Results of this analysis are noteworthy. As debtors, we can meet citizens and other residents of Znojmo and suburb, clergy, nobility, as well as artisans and peasantry. Based on the book from 1425-1426 I'll reconstruct the contacts between Jewish creditors and their debtors.

The major purpose of this dissertation is to explore the determinants of interest cost for state bonds. Various kinds of variables pertaining to issue characteristics, market characteristics, economic conditions, and political variables were statistically tested to assess their impact on the interest cost of state bonds. This research examines the variables found to be significant for local bonds, as well as some factors unique to state bonds, e.g., the types state agencies issuing debt and the effect of different state income tax policies.

1 Summary Diploma thesis "The theological treatise by Master Jacobellus de Misa ‚De usura iudeorum et christianorum' and his reflection of the position of Jews in society" is about the one from the writings of m. Jakoubek of Stříbro. Treatise "Contra usuram" ("Against usury") was written about in the year 1415, and has not yet been translated into Czech. For the use of this theses, I translated the Latin text of Appendix into Czech. The first chapter of advocates selected topic in historical context, that is, the crisis of the turn of the 14. and 15. century, when the high middle ages already continuously paced to the modern era. Our history has been called Czech Hussite reformation and revolution. In the second chapter is introduced by m. Jacob of Mies as a friend, collaborator and successor in the work of m. Jan Hus at the Prague University. Together with m. Nicholas from Dresden initiated the adoption of recovery sub utraque speciae and became a leading theologian utraquists.The subject of the third chapter is the concept of usury, according to the Scriptures, the church fathers and teachers, and the medieval doctrine of the usury and its effects. Usury was all the ecclesiastical authorities, widely dismissed as immoral, forbidden Letters social phenomenon. The fifth chapter deals with the dramatic...