Natural Law, Conciliarism, and Consent in the Late Middle Ages PDF Download
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Author: Francis Oakley
Publisher: Variorum Publishing
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
Author: Francis Oakley
Publisher: Variorum Publishing
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
Author: Riccardo Saccenti
Publisher: University of Notre Dame Pess
ISBN: 0268100438
Category : Law
Languages : en
Pages : 144
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Book Description
In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.
Author: Hwa-Yong Lee
Publisher: Peter Lang
ISBN: 9780820495316
Category : History
Languages : en
Pages : 234
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Book Description
This book explores the theory of political representation as articulated by the fourteenth-century Italian thinker, Marsilius. It combines historical research on Marsilius with an analysis of the contemporary theory of representative democracy. Modern theorization of political representation identifies the relation between the represented and the representative as a central theme. In order to assess how a representative system can reasonably be expected to operate for the benefit of the whole people, political representation must be understood through a comprehensive conception of the political process as a whole. To this end, Marsilius provides us with a perspective from which to examine the philosophical foundations of political representation and to reconsider the nature and significance of political representation - that is, an understanding of political representation in terms of the transfer of power. This book suggests that in modern democratic societies where the people effectively cease to be a political agent and their formal authority becomes increasingly notional, Marsilius' conception of political representation, which rejects the depoliticisation and deauthorisation of ordinary citizens, has much to offer. It can, in principle, offer a coherent alternative approach to building political representation as an effective scheme of public action for all.
Author: Brian Tierney
Publisher: Taylor & Francis
ISBN: 1040246710
Category : History
Languages : en
Pages : 304
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Book Description
The papers collected in this volume fall into three main groups. Those in the first group are concerned with the origin and early development of the idea of natural rights. The author argues here that the idea first grew into existence in the writings of the 12th-century canonists. The articles in the second group discuss miscellaneous aspects of medieval law and political thought. They include an overview of modern work on late medieval canon law. The final group of articles is concerned with the history of papal infallibility, with especial reference to the tradition of Franciscan ecclesiology and the contributions of John Peter Olivi and William of Ockham.
Author: Arthur P. Monahan
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773510128
Category : History
Languages : en
Pages : 376
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Book Description
The concepts of popular consent and limit, as applied to the exercise of political authority, are fundamental features of parliamentary democracy. Both these concepts played a role in medieval political theorizing, although the meaning and significance of political consent in this thought has not been well understood. In a careful, scholarly survey of the major political texts from Augustine to Ockham, Arthur Monahan analyses the contribution of medieval thought to the development of these two concepts and to the correlative concept of coercion.
Author: Michael Stolleis
Publisher: Routledge
ISBN: 1317089774
Category : History
Languages : en
Pages : 351
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Book Description
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Author: Harald Kleinschmidt
Publisher: Boydell Press
ISBN: 9780851159492
Category : History
Languages : en
Pages : 426
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Book Description
"Illustrations and narrative work together in this book to present medieval culture as one visual image. Drawing extensively from a wide range of primary source material, the breadth and originality of Kleinschmidt's study will have an important influence on scholarly perception of the middle ages, as a period of continual change and continually changing attitudes."--BOOK JACKET.
Author: Annabel S. Brett
Publisher: Cambridge University Press
ISBN: 9780521543408
Category : History
Languages : en
Pages : 276
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Book Description
A major re-evaluation of the history of our thinking about rights.
Author: Joseph Canning
Publisher: Cambridge University Press
ISBN: 1108831796
Category : History
Languages : en
Pages : 217
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Book Description
Explores how power and authority were justified in late medieval Europe, addressing arguments that people at the time found convincing.
Author: Tierney
Publisher: BRILL
ISBN: 9004477500
Category : History
Languages : en
Pages : 292
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Book Description
A major problem which occupied thinkers in the later Middle Ages was the question of the internal structure of the Church and the proper interrelationship of its members. This book is an account of those canonistic theories of Church government which contributed to the growth of the conciliar theory, and which were formulated between Gratian's Decretum (c. 1140) and the Great Schism (1378). It is concerned particularly with the juristic development of the fundamental conciliar doctrine, the assertion that the universal Church was superior to the Church of Rome, with a consequent denial of the Pope's supreme authority. Foundations of the Conciliar Theory is considered by many to be one of those rare books that significantly influenced twentieth century medieval studies. Now again available in a new enlarged edition, it will continue to be an indispensable work for all those interested in Church history and the Middle Ages.
