The Concept of Equity in Calvin’s Ethics

Chapter 3

Chapter 3 The Concept of Equity in Calvin's Contemporaries The new approach to learning that arose in Renaissance humanism, but was also adopted by the Reformers, led to the use of the concept of equity by many of Calvin's contemporaries. Kisch states: "For the theological, philosophical , and juridical discussions of the initial second and third decades of the sixteenth century, the problems of aequitas in their manifold aspects were the accepted themes of discussion."1 This chapter concentrates on those humanists and Reformers who had some influence on Calvin's thought, both before and after his conversion. Humanists The humanist revival aimed at bringing back into circulation the languages and literature of classical Greece and Rome. This required the study of the ancient languages—Latin, Greek, and Hebrew—and the reading of the works of the ancient authors. Because the humanists had a great interest in ethics, they focused their attention on writers such as Aristotle, Cicero, and Seneca.2 Their related interest in political theory and law led them to the study of Roman law, notably Justinian's Corpus luris Civilis. Breen states that "practically every humanist was at least fairly familiar with the legal literature of Rome."3 The medieval glossators had interpreted Roman law with a view to make it fit the existing conditions of their time. The result was often the form of Roman law without its spirit. Aware of the glossators' bad Latin, lack of historical sense, and neglect of the original texts, the humanists attempted to expose the medieval interpolations in Justinian's Corpus and to rediscover the Roman law as it was in Roman times.4 They did this by supplying two things which were largely lacking in the scholastics: philology and historical sense.5 Philology involved a study of the ancient languages and literatures, and a 33 34 The Concept of Equity in Calvin's Ethics search for the best manuscripts of texts. Historical sense consisted of a study of the conditions and circumstances surrounding a document so that it could be cited with historical accuracy. Because of their high regard for classical thought, humanists tended to accept unquestioningly the validity of the principles of Roman law and to promote a reconstruction of human relations in accordance with these principles.6 Along with the humanists' interest in ethics and law, there was a significant revival of interest in Aristotelean thought in the sixteenth century. Kristeller states: "As a result of this widespread study of Aristotle, practically every writer of the period was acquainted with the main doctrines of Aristotelean ethics and was inclined to adopt them or to discuss them."7 With the development of a new juristic method it was natural for humanists to turn to Greek philosophy, especially that of Aristotle, and to be directed by its eminent juristic intellectual strength. Thus, Aristotelian thought, and specifically, his views on epieikeia, had an impact on jurisprudence at the same time as the revival of interest in Roman law was occurring.8 It is important to understand that the approach of various humanists to the study of law varies, and reflects their understandingof the relation of Christianity to classical thought. Bouwsma points out that there are two strains of thought running through the age of the Renaissance and Reformation: hellenistic paganism and biblical Christianity. At their foundational levels, they are two antithetical visions of human existence. The issue between them, in its most direct terms, was the difference between the biblical understanding of creation, which makes both man and the physical universe separate from and utterly dependent on God, and the hellenistic principle of immanence which makesthe universe eternal, by one means or another deifies the natural order, and by seeing a spark of divinity in man tends to make him something more than a creature of God.9 Because the tension between the two found no resolution, that tension manifested itself in many of the humanists of the sixteenth century, especially with the resurgent influence of Stoicism.10 This perspective is helpful in considering the views of humanists and Reformers on equity. It would be simplistic to see sixteenth century humanists as having hellenistic paganism as their primary perspective, and to see the Reformers as having biblical Christianity as theirs. Clearly, both humanists and Reformers had as their goal the exposition of authentic Christianity through a study of the Bible, its primary and authoritative text. And both groups had high esteem for the wisdom and knowledge of classical pagan...