Rights, Laws, and Infallibility in Medieval Thought

Author: Brian Tierney

Publisher: Variorum Publishing

ISBN: N.A

Category: Law

Page: 340

View: 6755

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.

Politiktheorie im Mittelalter

Von Thomas von Aquin bis Wilhelm von Ockham

Author: Jürgen Miethke

Publisher: UTB

ISBN: 3838530594

Category: Religion

Page: 365

View: 786

Die politische Theorie des Mittelalters vor Machiavelli kennt große Namen - der Zusammenhang der zugrundeliegenden Debatten wird jedoch selten sichtbar. Jürgen Miethke untersucht die Rahmenbedingungen der Entstehung und Wirkung politischer Theorie, die die Entwicklung des Verhältnisses von Staat und Kirche wesentlich beeinflusste.

Was als wissenschaftlich gelten darf

Praktiken der Grenzziehung in Gelehrtenmilieus der Vormoderne

Author: Martin Mulsow,Frank Rexroth

Publisher: Campus Verlag

ISBN: 3593500787

Category: History

Page: 566

View: 9678

Lange Zeit hat man den Kulturen der Vormoderne die Befähigung zu Wissenschaftlichkeit abgesprochen. Dies geschah zu Unrecht, denn auch in den Jahrhunderten vor 1800 gab es institutionelle Ausprägungen, Lebenssituationen und Trägermilieus, soziale Vernetzungen und Regulierungsmechanismen von Wissenschaft. Öffnungsversuche gegenüber neuen Wissensfeldern, dezidierte Absonderungen von vermeintlich dilettantischem und unorthodoxem Wissen sowie der Umgang mit »geheimem« Wissen sind daher wichtige neue Phänomene, die dieser Band in Beiträgen von Vertretern unterschiedlicher kultur- und sozialwissenschaftlicher Disziplinen eingehend untersucht.

Political Thought in the Age of Scholasticism

Author: Jèurgen Miethke,Martin Kaufhold

Publisher: BRILL

ISBN: 9004139907

Category: Political Science

Page: 387

View: 2226

This volume brings together principal reflections on the phenomenon of political theory in the age of scholasticism with focussed case studies of prominent authors and their work. It thus presents a vivid profile of the current discussion about political theory in the later Middle Ages.

Natural Law

Historical, Systematic and Juridical Approaches

Author: Alejandro Néstor García Martínez,Mario Šilar,José M. Torralba

Publisher: Cambridge Scholars Publishing

ISBN: 1443808938

Category: Philosophy

Page: 485

View: 4846

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. "Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call “human rights.” Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors’s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book." —Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas

Canon Law, the Expansion of Europe, and World Order

Author: James Muldoon

Publisher: Variorum

ISBN: N.A

Category: History

Page: 289

View: 7928

The articles in this volume trace the development of the theory that humanity forms a single world community and that there exists a body of law governing the relations among the members of that community. These ideas first appeared in the writings of the medieval canon lawyers and received their fullest development in the writings of early modern Spanish intellectuals. Conflict and contact with 'the infidel' provided a stimulus for the elaboration of these ideas in the later Middle Ages, but major impetus was given by the English subjugation of Ireland, and by the discovery of the Americas. This body of work paved the way for the modern notions of an international legal order and universal norms of behavior usually associated with the publication of Hugo Grotius's work in the seventeenth century.

Innocenzo III

urbs et orbis : atti del Congresso Internazionale : Roma, 9-15 settembre 1998

Author: Andrea Sommerlechner

Publisher: N.A

ISBN: N.A

Category:

Page: 40

View: 4548


The Profession and Practice of Medieval Canon Law

Author: James A. Brundage

Publisher: Variorum

ISBN: 9780860789277

Category: Law

Page: 336

View: 7593

This latest collection of studies by James Brundage deals with the emergence of the profession of canon law and with aspects of its practice in the period from the 12th to the 14th centuries. Substantial numbers of lawyers systematically trained in canon law first appeared in Western Europe during the second half of the 12th century and in the 13th they began to dominate the hierarchy of the Western church. By 1250 canon law had grown into something more than a profitable occupation: it had become a recognizable profession in the strict meaning of the term as it is still used today. Particular topics are the canonists' system of legal ethics, the education and training of canon lawyers in university law faculties, and some fundamental features of the professional practice of canon law, both in medieval Europe and in the crusading states of the Levant.

The Fathers and Beyond

Church Fathers Between Ancient and Medieval Thought

Author: Marcia L. Colish

Publisher: Ashgate Publishing Company

ISBN: 9780754659440

Category: History

Page: 332

View: 6107

The papers in this second selection of articles by Professor Colish focus on thinkers of the patristic age but at the same time look beyond that period, both backward to these authors' appropriation of the classical and Christian traditions, and forward to their function as authorities in later periods of medieval intellectual history, from the Carolingian Renaissance to Anselm of Canterbury, the scholastics, and Dante. Themes which these papers address include the transmission and use of Platonism and Stoicism, logic and linguistic theory, and the ethics of lying, moral indifference, and the salvation of the virtuous pagan.

The Writing of History and the Study of Law

Author: N.A

Publisher: Variorum Publishing

ISBN: N.A

Category: Law

Page: 348

View: 3468

This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author's interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.

Medieval Manuscripts in Post-medieval England

Author: Andrew G. Watson

Publisher: Variorum

ISBN: N.A

Category: History

Page: 267

View: 6021

Two themes uniting the essays in this collection are the provenance and history of medieval manuscripts during the Middle Ages, and the fates that befell them in England in the period after the invention of printing and the 16th-century dissolution of the religious houses and visitations of the universities. The section 'Libraries and collectors' includes papers on seven major English collectors of the 16th and 17th centuries, and the section 'Manuscripts' concerns the fates of five manuscripts or groups of manuscripts from England, Belgium and Italy. Of the other chapters one is concerned with the post-medieval history of the library of All Souls College, Oxford, and another with the provenance of hundreds of manuscripts in the Harleian collection in the British Library. For this volume Andrew Watson has provided extensive additional notes and indexes.

Decretals and the Creation of "new Law" in the Twelfth Century

Judges, Judgements, Equity, and Law

Author: Charles Duggan

Publisher: Variorum

ISBN: 9780860786801

Category: Law

Page: 346

View: 2728

In this second volume of studies on 12th-century canon law, Charles Duggan emphasises the European context of the emergence of the ius novum, the new law of the Western church, based on specific cases and informed by the academic learning of the schools where canon law was taught as a scholarly discipline. The themes range from marriage and forgery to regional applications, with studies on decretals to Hungary and Archbishop Roger of York respectively, Italian marriage decretals, the impact of the Becket dispute, litigation involving English secular magnates and the crown culminating with a perceptive analysis of the role of judges delegate in the formation and application of the new principles of law and jurisprudence which the practice of local courts and appeals to the papacy brought into being. Significant light is thrown on English collectors, judges, and secular and ecclesiastical litigants. Wherever possible, calendars are provided, often with more accurate identifications and dating, and based on the fullest manuscript sources.