Property Rights in the Late Medieval Discussion on Franciscan Poverty

Property Rights in the Late Medieval Discussion on Franciscan Poverty
Author: Virpi Mäkinen
Publisher: Peeters Publishers
Total Pages: 238
Release: 2001
Genre: Language Arts & Disciplines
ISBN: 9789042909403

Property Rights in the Late Medieval Discussion on Franciscan Poverty contributes to our understanding of the history of the concept of individual natural rights by tracing the controversies surrounding the Franciscan ideal of absolute poverty from the 1250s to the 1320s. Virpi Makinen, Th.D., analyzes the complex legal, moral, and theological arguments for and against the Franciscan ideal of giving up all rights over property - an ideal that the Franciscans argued was in perfect imitation of Christ and the Apostles. Makinen pays particular attention to the concepts of rights, especially to the distinctions between dominion (dominium), right (ius) and factual use (usus facti). She discusses the arguments made by both the defenders of the Franciscan claim of apostolic poverty (Bonaventure and Bonagratia of Bergamo) and the attackers, most of whom were secular clerics (such as William of Saint-Amour, Gerard of Abbeville, Henry of Ghent, and Godfrey of Fontaines). Makinen then analyzes the support the Order received from the papacy, and how this support was undermined by Pope John XXII's vehement attack on the Franciscans in the 1320s. The book shows how the debate concerning Franciscan poverty gave rise to a new language of rights, which paved the way to the idea of individual natural rights.

William of Ockham's Early Theory of Property Rights in Context

William of Ockham's Early Theory of Property Rights in Context
Author: Jonathan William Robinson
Publisher: BRILL
Total Pages: 420
Release: 2012-11-23
Genre: History
ISBN: 9004245731

William of Ockham's (ca. 1288-1347) Opus nonaginta dierum has long been of interest to historians for his theory of rights. Yet the results of this interest has been uneven because most studies do not take sufficient account of the defences of Franciscan poverty already articulated by his fellow Franciscans, Bonagratia of Bergamo, Michael of Cesena, and Francis of Marchia. This book therefore presents and analyzes Ockham's account of property rights alongside those of his confreres. This contextualization of Ockham’s theory corrects many misconceptions about his theory of property, natural law, and natural rights, and therefore also provides a new foundation for studies of his political oeuvre, intellectual development, and significance as a political theorist.

International Law and Religion

International Law and Religion
Author: Martti Koskenniemi
Publisher: Oxford University Press
Total Pages: 481
Release: 2017-08-15
Genre: Law
ISBN: 0192528432

This books maps out the territory of international law and religion challenging received traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

Transformations in Medieval and Early-Modern Rights Discourse

Transformations in Medieval and Early-Modern Rights Discourse
Author: Virpi Mäkinen
Publisher: Springer Science & Business Media
Total Pages: 320
Release: 2006-02-27
Genre: Political Science
ISBN: 1402042124

Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? This book brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.

Poverty’s Proprietors: Ownership and Mortal Sin at the Origins of the Observant Movement

Poverty’s Proprietors: Ownership and Mortal Sin at the Origins of the Observant Movement
Author: James (Jim) Mixson
Publisher: BRILL
Total Pages: 280
Release: 2009-03-25
Genre: History
ISBN: 9047427513

Focusing on the theme of property and community, this study offers a new account of the origins of fifteenth-century Observant reform in the monasteries and canonries of the southern Empire. Through close readings of unpublished texts, it traces how ideas about reformed community emerged, both beyond and within the religious orders, in the era of the Council of Constance. Focusing on reform among monks and canons in Bavaria and Austria to 1450, it then shows how those ideas were applied in practice, through reforming visitation and through a devotional culture steeped in the “new piety” of the day. These considerations allow the Observant Movement to offer fresh perspectives on the history religious community, reform, and the church in the fifteenth century.

The Cambridge Companion to Francis of Assisi

The Cambridge Companion to Francis of Assisi
Author: Michael J. P. Robson
Publisher: Cambridge University Press
Total Pages: 327
Release: 2012
Genre: Biography & Autobiography
ISBN: 0521760437

Looks at the life of Francis of Assisi and explores how his heritage influenced the apostolic activities of his followers.

Theological Quodlibeta in the Middle Ages: The Thirteenth Century

Theological Quodlibeta in the Middle Ages: The Thirteenth Century
Author: Chris Schabel
Publisher: BRILL
Total Pages: 577
Release: 2018-11-12
Genre: History
ISBN: 9047404149

The first of two volumes on special theological disputations from ca. 1230-1330 in which audience members asked the era's greatest intellectuals questions de quolibet, "about anything." The variety of the material and the authors’ stature make the genre uniquely fascinating.

Medieval Philosophy

Medieval Philosophy
Author: Peter Adamson
Publisher: Oxford University Press, USA
Total Pages: 660
Release: 2019-09
Genre: Philosophy
ISBN: 0198842406

Peter Adamson presents a lively introduction to six hundred years of European philosophy, from the beginning of the ninth century to the end of the fourteenth century. The medieval period is one of the richest in the history of philosophy, yet one of the least widely known. Adamson introduces us to some of the greatest thinkers of the Western intellectual tradition, including Peter Abelard, Anselm of Canterbury, Thomas Aquinas, John Duns Scotus, William of Ockham, and Roger Bacon. And the medieval period was notable for the emergence of great women thinkers, including Hildegard of Bingen, Marguerite Porete, and Julian of Norwich. Original ideas and arguments were developed in every branch of philosophy during this period - not just philosophy of religion and theology, but metaphysics, philosophy of logic and language, moral and political theory, psychology, and the foundations of mathematics and natural science.

Oxford Studies in Medieval Philosophy Volume 8

Oxford Studies in Medieval Philosophy Volume 8
Author: Robert Pasnau
Publisher: Oxford University Press, USA
Total Pages: 291
Release: 2020-09-15
Genre: Philosophy
ISBN: 0198865724

Oxford Studies in Medieval Philosophy showcases the best new scholarly work on philosophy from the end of antiquity into the Renaissance. OSMP combines historical scholarship with philosophical acuteness, and will be an essential resource for anyone working in the area.