A Historical Approach to Casuistry: Norms and Exceptions in a Comparative Perspective

Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical pr

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A Historical Approach to Casuistry: Norms and Exceptions in a Comparative Perspective

Table of contents :
Title Page
Copyright Page
Contents
List of Figures
Notes on Contributors
Preface
Acknowledgments
Notes
Part 1 Casuistry and Medicine across Time and Space
Chapter 1 A Framework for Casuistry: The Royal College of Paediatrics Guidance for Decision Making at the End of Life (2004–2015)
The case of Charlie Gard
Notes
Chapter 2 The Medical Case Narrative in Pre-Modern Europe and China: Comparative History of an Epistemic Genre
What is a case?
Comparing the observatio medica and the yi’an: Similarities
Comparing the observatio medica and the yi’an: Differences
Did cases travel between East and West?
Acknowledgments
Notes
Part 2 Religious Anomalies in the Ancient and Medieval World
Chapter 3 Ritual and Its Transgressions in Ancient Greece
Ritual: Etymology and semantic development
The Thesmophoria
The Eleusinian Mysteries
Conclusion
Acknowledgments
Notes
Chapter 4 The Case about Jesus: (Counter-)History and Casuistry in Toledot Yeshu
Myth and Casuistry
What is Toledot Yeshu?
Case and Novel
Jesus as “Case”
Jesus the Magician
Magic in Toledot Yeshu
The Arrogant Bastard . . .
. . . And the Adulterous Mother
The Unwilling Adulteress
Mary and the Jews
Counter-History as Casuistry
Acknowledgments
Notes
Part 3 Legal Casuistry between Judaism and Islam
Chapter 5 “I Signed but I Did not Say”: The Status of Chess in Early Modern Judaism
Notes
Chapter 6 The Many Roads to Justice: A Case of Adultery in Sixteenth-Century Cairo
Acknowledgments
Notes
Chapter 7 Islamic Casuistry and Galenic Medicine: Hashish, Coffee, and the Emergence of the Jurist-Physician
Fiqh as casuistry
Hospital culture and the emergence of the jurist-physicians
Al-Qarāfī’s medical-legal casuistry
Al-Jazīrī’s treatise on the permissibility of coffee: Casuistry and public order
The convergence of fiqh and tibb and the growth of casuistry
Notes
Part 4 Casuistry between Reformation and Counter-Reformation
Chapter 8 The Exception as Norm: Casuistry of Suicide in John Donne’s Biathanatos
Crime and sin
“My cases of conscience”: Donne the casuist
Biathanatos and casuistry
“A false thread”
“Doing one thing while feigning another, for the public good”: Donne’s Machiavellian casuistry
“I dare not profess myself a master in so curious a science”: Beyond casuistry
Notes
Chapter 9 “Whether ’tis Lawful for a Man to Beat His Wife”: Casuistical Exercises in Late Stuart and Early Hanoverian England
Notes
Part 5 Norms and Exceptions in the Early Modern Global World (Sixteenth and Seventeenth Centuries)
Chapter 10 Indians’ Forced Labor as a Case for Exception in Seventeenth-Century Colonial America
Derecho Indiano: A casuistic body of law
Solórzano’s legal treatises: An overview
The state of the Indians
Indian forced labor
Adaptation, accommodation, and flexibility
Conclusions
Notes
Chapter 11 Morality and Empire: Cases, Norms, and Exceptions in Sixteenth-Century Portuguese Asia
Introduction
The “casado” complex
The Jesuits enter the scene
Conclusions
Acknowledgments
Notes
Chapter 12 An “Our Father” for the Hottentots: Religion, Language, and the Consensus Gentium
Exceptions
The collectors of “Our Fathers”
Language and religion
Consensus gentium
Apologist casuistry
Light and shadow
Acknowledgments
Notes
Part 6 Inside and outside Port-Royal
Chapter 13 Port-Royal at Grips with Its Own Casuistry and Pascal’s Stand
Notes
Chapter 14 Casuistry and Irony: Some Reflections on Pascal’s Provinciales
Acknowledgments
Notes
Sources
Manuscripts
Printed Works
Bibliography
Index

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