Rights, Laws, and Infallibility in Medieval Thought

Rights, Laws, and Infallibility in Medieval Thought
Author: Brian Tierney
Publisher: Routledge
Total Pages: 360
Release: 1997
Genre: History
ISBN:

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.

Rights, Laws and Infallibility in Medieval Thought

Rights, Laws and Infallibility in Medieval Thought
Author: Brian Tierney
Publisher: Taylor & Francis
Total Pages: 304
Release: 2024-10-28
Genre: History
ISBN: 1040246710

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.

Law, Person, and Community

Law, Person, and Community
Author: John J. Coughlin
Publisher: Oxford University Press
Total Pages: 310
Release: 2012-03-16
Genre: Law
ISBN: 0199877181

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.

Debating Medieval Natural Law

Debating Medieval Natural Law
Author: Riccardo Saccenti
Publisher: University of Notre Dame Pess
Total Pages: 144
Release: 2016-10-15
Genre: Law
ISBN: 0268100438

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.

The Gargantuan Polity

The Gargantuan Polity
Author: Michael Randall
Publisher: University of Toronto Press
Total Pages: 393
Release: 2008-11-18
Genre: Literary Criticism
ISBN: 144269274X

Critics and scholars have long argued that the Renaissance was the period that gave rise to the modern individual. The Gargantuan Polity examines political, legal, theological, and literary texts in the late Middle Ages, to show how individuals were defined by contracts of mutual obligation, which allowed rulers to hold power due to approval of their subjects. Noting how the relationship between rulers and individuals changed with the rise of absolute monarchy, Michael Randall provides significant insight into Renaissance culture and politics by showing how individuals went from being understood in terms of their objective relations with the community to subjective beings. By studying this evolution, he challenges the argument that subjectivity enabled modern political autonomy to come into existence, and instead argues that subjectivity might have disempowered the outwardly directed and highly political individuals of the late Middle Ages. A profound and detailed study of one of the most drastic periods of change, The Gargantuan Polity will be of interest to scholars of French literature, the Renaissance, and intellectual history.

Christ Our Advocate

Christ Our Advocate
Author: John Warwick Montgomery
Publisher: Wipf and Stock Publishers
Total Pages: 319
Release: 2016-02-12
Genre: Religion
ISBN: 1498291961

Professor John Warwick Montgomery served in the Reference Department of the Library of the University of California at Berkeley before beco- ming Head Librarian of the Swift Library of Divinity and Philosophy at the University of Chicago. He holds three degrees in library science and bibliographical history: the B.L.S. and M.A. from the University of California, Berkeley, and the Ph.D. from the University of Chicago. He is the editor/translator of A Seventeenth Century View of European Libraries: Lomeier's De Bibliothecis, Chapter X (University of California Press). Dr Montgomery's parallel careers in theology and law are represented by his doctorates in Protestant Theology from the University of Strasbourg, France and his LL.D. from the University of Cardiff, Wales, and by his extensive publications in those fields. He is an avocat à la cour, barreau de Paris, an English barrister, and a member of the bar of the Supreme Court of the United States. He is Professor Emeritus of Law and Humanities, University of Bedfordshire, England, and Distinguished Research Professor of Philosophy at Concordia University Wisconsin, U.S.A.

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

William of Ockham's Early Theory of Property Rights in Context
Author: Jonathan Robinson
Publisher: BRILL
Total Pages: 421
Release: 2012-11-23
Genre: Philosophy
ISBN: 9004243461

This book analyzes William of Ockham's early theory of property rights alongside those of his fellow dissident Franciscans, paying careful attention to each friar's use of Roman and civil law, which provided the conceptual building blocks of the poverty controversy.

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.

The Moral World of the Law

The Moral World of the Law
Author: Peter R. Coss
Publisher: Cambridge University Press
Total Pages: 284
Release: 2000-04-27
Genre: History
ISBN: 9780521640596

Essays on relationship between the moral environment of the courtroom and that of the surrounding society.

The Routledge Companion to Medieval Philosophy

The Routledge Companion to Medieval Philosophy
Author: Richard Cross
Publisher: Routledge
Total Pages: 594
Release: 2021-01-12
Genre: Philosophy
ISBN: 1317486439

Like any other group of philosophers, scholastic thinkers from the Middle Ages disagreed about even the most fundamental of concepts. With their characteristic style of rigorous semantic and logical analysis, they produced a wide variety of diverse theories about a huge number of topics. The Routledge Companion to Medieval Philosophy offers readers an outstanding survey of many of these diverse theories, on a wide array of subjects. Its 35 chapters, all written exclusively for this Companion by leading international scholars, are organized into seven parts: I Language and Logic II Metaphysics III Cosmology and Physics IV Psychology V Cognition VI Ethics and Moral Philosophy VII Political Philosophy In addition to shedding new light on the most well-known philosophical debates and problems of the medieval era, the Companion brings to the fore topics that may not traditionally be associated with scholastic philosophy, but were in fact a veritable part of the tradition. These include chapters covering scholastic theories about propositions, atomism, consciousness, and democracy and representation. The Routledge Companion to Medieval Philosophy is a helpful, comprehensive introduction to the field for undergraduate students and other newcomers as well as a unique and valuable resource for researchers in all areas of philosophy.