The Uses of the Dead, 9780813236346
Paperback
A legal power born of secular concerns, not medieval souls.

The Uses of the Dead

the early modern development of cy-près doctrine

$108.07

  • Paperback

    408 pages

  • Release Date

    29 August 2022

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Summary

The Uses of the Dead: A New History of Charitable Giving

Cy-près 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, whi…

Book Details

ISBN-13:9780813236346
ISBN-10:0813236347
Author:Caroline R. Sherman
Publisher:The Catholic University of America Press
Imprint:The Catholic University of America Press
Format:Paperback
Number of Pages:408
Release Date:29 August 2022
Weight:569g
Dimensions:215mm x 139mm x 27mm
Series:Studies in Medieval and Early Modern Canon Law
What They're Saying

Critics Review

“A masterful example of how history can illuminate the context in which legal doctrine takes definite shape. Although Sherman is most interested in what cy-pr

Both chronologically and thematically, this book covers much more than its modest title suggests. Not only does it offer a meticulous study of the early modern development of cy-près – a common law doctrine that gives judges the power to redirect charitable gifts to a new purpose. In fact, the first two chapters feature a broader intellectual history of ancient and medieval Christian attitudes towards wealth and gifts, which the third analyzes the development of the civil and canon law doctrine on the reinterpretation of gifts and testaments in the continental ius commune tradition.[…]Sherman has opened up new horizons for research not only about the history of cy-près doctrine in the strict common law sense word, but also about the relationship between Christianity, property, and last wills in general.“-Journal of Jesuit Studies

About The Author

Caroline R. Sherman

Caroline R. Sherman is assistant professor of history at The Catholic University of America.

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