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: Brian Tierney
Publisher: Variorum Publishing
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.
Von Thomas von Aquin bis Wilhelm von Ockham
Author: Jürgen Miethke
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.
Praktiken der Grenzziehung in Gelehrtenmilieus der Vormoderne
Author: Martin Mulsow,Frank Rexroth
Publisher: Campus Verlag
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.
Author: Jèurgen Miethke,Martin Kaufhold
Category: Political Science
Author: Lupold (of Bebenburg, Bishop of Bamberg)
Category: Catholic Church
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
Historical, Systematic and Juridical Approaches
Author: Alejandro Néstor García Martínez,Mario Šilar,José M. Torralba
Publisher: Cambridge Scholars Publishing
urbs et orbis : atti del Congresso Internazionale : Roma, 9-15 settembre 1998
Author: Andrea Sommerlechner
Category: American literature
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.
Author: James A. Brundage
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.
Church Fathers Between Ancient and Medieval Thought
Author: Marcia L. Colish
Publisher: Ashgate Publishing Company
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.
Publisher: Variorum Publishing
A collection of manuscript studies, analyses, and their interpretations which previously appeared in various journals.
Author: Uta-Renate Blumenthal
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.
Judges, Judgements, Equity, and Law
Author: Charles Duggan
Author: Rose Arny
Category: American literature
Author: Saint Thomas (Aquinas)
Category: Kings and rulers
Author: R R Bowker Publishing,[Anonymus AC01535147]
Publisher: R. R. Bowker