Wim Decock

To understand the genesis of the modern economy, we must also investigate its normative foundations. More than a century after Max Weber's The Protestant Ethic and the Spirit of Capitalism, the pursuit of this key methodological intuition remains unfinished. This book revisits the legacy of a neglected protagonist in the history of economic thought: Leonardus Lessius (1554-1623). Lessius' work provides unique insight into the normative roots of modern economic thought. In a context characterised by the globalization of trade, the rise of stock exchanges, and profound political and religious upheavals, merchants, bankers, and princes eagerly sought his advice to navigate the New World. Praised by Joseph A. Schumpeter as a 'father of modern economic analysis', Lessius became known in his own time as the 'Oracle of the Netherlands'. His main treatise, 'On Justice and Law', quickly gained the status of a reference work due to the clarity of its economic observations and Lessius' brilliant mastery of legal and moral reasoning. He offered practical solutions to a wide range of cases of conscience related to speculation, insurance, insider trading, subprime debt, interest-taking, abuse of market power, monopolies, public banks, safe investment vehicles, and many other economic and financial issues. It certainly was not his intention to turn the whole world into a competitive market without any limits as Lessius deplored humanity's inclination to succumb to the 'sacred hunger for gold'. However, he did wish to encourage effort, hard work and clever dealings, thus contributing significantly to the normative justification of modern commerce and finance. In a time marked as much by fierce debates on grace and free will as by doubts about the legitimacy of the first global economy, Lessius offers a glimpse into the interconnectedness between ideas on spiritual salvation and material prosperity.

The Roman legal tradition is the ancestor of modern contract law but there is no agreement as to how and when a general law of contract emerged. Wim Decock’s thesis is that an important step in this evolution was taken by theologians in the sixteenth and seventeenth centuries. They transformed the Roman legal tradition (ius commune) by insisting on the moral foundations of contract law. Theologians emphasized that the enforceability of contracts is based on voluntary consent and that a contract should not enrich one party at another's expense. While their main concern was the salvation of souls, theologians played a key role in the development of a systematic contract law in which the founding principles were freedom and fairness. Theologians and Contract Law is winner of the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation) as well as the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. Decock's book is also awarded the "Juristisches Buch des Jahres" (Law book of the year) by Neue Juristische Wochenschrift (47/2013: 3420).

Wim Decock collects contributions by internationally renowned experts in law, history and religion on the impact of the Reformations on law, jurisprudence and moral theology. The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.

Die Untersuchungen zur fr hneuzeitlichen Scholastik erleben gerade eine Hochkonjunktur. Juristen, Philosophen, Theologen und Wirtschaftswissenschaftler n hern sich je nach eigener Perspektive den Texten der "Spanischen Sp tscholastiker" oder "katholischen Naturrechtler" an. Neuanf nger wie auch Experten erhalten in diesem Band neben Hilfsmitteln zur eigenst ndigen Quellenforschung auch einen f cher bergreifenden Einblick in den Forschungsstand.