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Rules, rigour and relaxation in Islam and Christianity
Morgan Clarke

Morgan Clarke Kant detested the old Catholic discipline of moral casuistry … and would also surely have detested the practice of seeking fatwas . (Asad 2003 : 246) Many who might be damned are saved by a probable opinion. (Juan Caramuel (d. 1682), cited in Jonsen and Toulmin 1988 : 168) The Islamic sharia is a central example of what we are thinking of in this book as a ‘ruly’ or legalistic approach to living well. As

in Rules and ethics
Christian personal conscience and clerical intervention in the twelfth and thirteenth centuries
Emily Corran

casuistry (see the Introduction ). Here this is a term for the legalistic ethics that was taught to Catholic priests in the late medieval and early modern period. It first emerged in practical theology and canon law taught in the universities of Paris and Bologna around the turn of the twelfth and thirteenth centuries and was subsequently popularised in manuals for priests from the mid-thirteenth century. 3 This kind of thought was chiefly concerned with resolving moral cases and practical dilemmas. For example, Raymond of

in Rules and ethics
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Perspectives from anthropology and history

This book examines the importance of rules for many of the world’s great moral traditions. Ethical systems characterised by detailed rules – Islamic sharia and Christian casuistry are notable examples – have often been dismissed as empty formalism or as the instrument of social control. This book demonstrates, on the contrary, that rules often enable, rather than hinder, personal ethical life. Here anthropologists and historians explore cases of rule-oriented ethics and their dynamics across a wide range of historical and contemporary moral traditions. Examples of pre-modern Hindu ethics, codes of civility from early modern England and medieval Christian casuistry demonstrate how rules can form an essential element of what Michel Foucault called ‘the care of the self’. Studies of Roman exemplary ethics, early modern Christian theology and the calculation of sin and merit in contemporary Muslim Palestine highlight the challenges posed by the coexistence of moral rules with other moral forms, not least those of virtue ethics. Finally, explorations of medieval and modern Islamic sharia, Christian moral theology and Jewish halakhah all highlight how such traditions develop complex meta-rules – rules about rules – for managing the tensions and dilemmas that the use of rules can entail. Together, these case studies and the theoretical framework proposed in the book’s Introduction offer a more nuanced, cross-cultural appreciation of the role of rules in moral life than those currently prevalent in both the anthropology of ethics and the history of morality.

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Rules and ethics
Morgan Clarke and Emily

a given type of situation’ (Twining and Miers 2010 : 80). We come to this in part because our own research interests centre on two prominent examples of such traditions, the Islamic sharia and Christian casuistry (introduced further below), which treat almost all aspects of public and private life as subject to a meticulous series of prescriptions. We find that an interest in moral/ethical 2 rules is shared more widely and that recognition of this enthusiasm for rules is often necessary for understanding the ethical

in Rules and ethics
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Marco Barducci

Presbyterian Church government in 1646. 11 Debates over casuistry (a branch of moral theology concerned with applying general rules of conduct to specific cases), followed the imposition of loyalty oaths in 1641 (Protestation oath), 1643 (the Covenant), and 1649 (the Engagement). 12 From 1649 to 1650, the accusations of unlawfulness thrown at the Rump by Presbyterian authors pointed to the continued obligation to the Covenant. English

in Order and conflict
A. J. Coates

‘adjustments of fine moral calibration’ may well hold the key to a thicker and more focused moral understanding and evaluation. The moral casuistry favoured by traditional just war thought seems better placed to achieve a specific moral understanding of terrorism than more abstract methods. Moral casuistry stems from an appreciation of the complexity of moral conduct, a complexity which rules out any straightforward application of moral principles. Without an examination of particular circumstances the bearing of principles on the case in question cannot be ascertained and

in The ethics of war
The First Commandment and sacramental confession in early modern Catholic Europe
Nicole Reinhardt

; Rusconi 2002 ; De Boer 2011 ). Some of the challenges that ensued can still be captured through the volumes of moral theology for theologians and the practical confessional manuals for penitents and priests (Tentler 1977 ), which represent a continuation and development of the works of medieval casuistry described by Emily Corran in Chapter 3 . Both genres are used here to investigate how the shift from vices to Decalogue affected sacramental confession in order to probe Bossy’s thesis that the new rule

in Rules and ethics
Talal Al-Azem

moral theology. 10 Donald Davis, in Chapter 1 , also makes much of the conservatism of the classical Hindu law tradition. 11 For a preliminary sketching of the history of ‘ al-ibāḥa wa-l-ḥaẓr ’ as a category within fiqh writing, see Al-Azem ( 2017 : 34n37). 12 The cases in this text are hypothetical but had important practical consequences. In this, al- Qudūrī’s casuistry is similar to that described by

in Rules and ethics
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Codes of civility in early modern England
 Martin Ingram

This chapter focuses on the Christian tradition of practical ethics in Europe of the High Middle Ages, here in relation to lay practice. Its particular focus is vows, voluntary commitments to God to undertake a good action, which were a popular feature of popular piety in this period. This was an ethical domain rich in complex rules. Typically, pious laypeople took vows of pilgrimage, prayer, fasting and chastity, either for a fixed period or in perpetuity, as a penitential act or as a spontaneous act of piety. Especially from the thirteenth century, the church established detailed rules intended to moderate such vows, given the ways in which they could conflict with other, ordinary obligations. The chapter takes as an example the pastoral rules relating to vows in four texts from thirteenth-century France and England, Thomas of Chobham, Peter the Chanter, Raymond of Penafort and John of Freiburg. These books of penitential advice shows that detailed rules about vows were devised by the clergy with the concerns of ordinary people in mind. In this light, casuistry – which would later become notorious as the archetype of ethical legalism – is revealed not so much as an invasion of private conscience, but an attempt to facilitate personal devotional projects.

in Rules and ethics
Protection of animals in nineteenth-century Britain
Author: Diana Donald

This book explores for the first time women’s leading roles in animal protection in nineteenth-century Britain. Victorian women founded pioneering bodies such as the Battersea Dogs’ Home, the Royal Society for the Protection of Birds, and the first anti-vivisection society. They intervened directly to stop abuses, promoted animal welfare, and schooled the young in humane values via the Band of Mercy movement. They also published literature that, through strongly argued polemic or through imaginative storytelling, notably in Anna Sewell’s Black Beauty, showed man’s unjustifiable cruelty to animals. In all these enterprises, they encountered opponents who sought to discredit and thwart their efforts by invoking age-old notions of female ‘sentimentality’ or ‘hysteria’, which supposedly needed to be checked by ‘masculine’ pragmatism, rationality and broadmindedness, especially where men’s field sports were concerned. To counter any public perception of extremism, conservative bodies such as the Royal Society for the Prevention of Cruelty to Animals for long excluded women from executive roles, despite their crucial importance as donors and grassroots activists. However, women’s growing opportunities for public work in philanthropic projects and the development of militant feminism, running in parallel with campaigns for the vote, gave them greater boldness in expressing their distinctive view of animal–human relations, in defiance of patriarchy. In analysing all these historic factors, the book unites feminist perspectives, especially constructions of gender, with the fast-developing field of animal–human history.