Studies In Medieval Legal Thought

Author : Gaines Post
Publisher : Princeton University Press
Page : 650 pages
File Size : 50,5 Mb
Release : 2015-12-08
Category : History
ISBN : 9781400879984

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Studies in Medieval Legal Thought by Gaines Post Pdf

This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Gaines Post
Publisher : Unknown
Page : 633 pages
File Size : 52,7 Mb
Release : 1964
Category : Electronic
ISBN : OCLC:1081536458

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Studies in medieval legal thought by Gaines Post Pdf

Author : Walter Ullmann
Publisher : Routledge
Page : 609 pages
File Size : 49,8 Mb
Release : 2010-01-29
Category : History
ISBN : 9781136999352

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The Medieval Idea of Law as Represented by Lucas de Penna (Routledge Revivals) by Walter Ullmann Pdf

Upon its original publication in 1946, this work represented a new approach to medieval studies, offering indispensable analysis to the historian of legal, political and social ideas. Research into the original sources leads the author through unexplored realms of medieval thought. By contrasting contemporary opinions with those of his central figure, Lucas de Penna, he comprehensively presents the medieval idea of law – then regarded as the concrete manifestation of abstract justice. The intensity of medieval academic life is revealed in the heated controversies, whilst medieval criminology foreshadows modern developments. A significant discovery is the astonishingly great reliance which Continental scholars placed upon English thought. A challenge to certain current misconceptions, this book shows the resourcefulness of medieval thinking and the extent to which modern ideas were foreshadowed in the fourteenth century, a time when the ideas of law and liberty were identical.

Author : Anonim
Publisher : BRILL
Page : 477 pages
File Size : 54,5 Mb
Release : 2021-02-01
Category : History
ISBN : 9789004448650

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Law | Book | Culture in the Middle Ages by Anonim Pdf

Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

Author : Kenneth Pennington,Melodie Harris Eichbauer
Publisher : Routledge
Page : 570 pages
File Size : 51,6 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317107675

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Law as Profession and Practice in Medieval Europe by Kenneth Pennington,Melodie Harris Eichbauer Pdf

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

Author : Allen Calhoun
Publisher : Routledge
Page : 199 pages
File Size : 40,6 Mb
Release : 2021-03-08
Category : Business & Economics
ISBN : 9781000356571

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Tax Law, Religion, and Justice by Allen Calhoun Pdf

This book asks why tax policy is both attracted to and repelled by the idea of justice. Accepting the invitation of economist Henry Simons to acknowledge that tax justice is a theological concept, the work explores theological doctrines of taxation to answer the presenting question. The overall message of the book is that taxation is an instrument of justice, but only when taxes take into account multiple goods in society: the requirements of the government, the property rights of society’s members, and the material needs of the poor. It is argued that this answer to the presenting question is a theological and ethical answer in that it derives from the insistence of Christian thinkers that tax policy take into account material human need (necessitas). Without the necessitas component of the tax balance, tax systems end up honoring only one of the three components of the tax equation and cease to reflect a coherent idea of justice. The book will be of interest to academics and researchers working in the areas of tax law, economics, theology, and history.

Author : Susanne Jenks,Jonathan Rose,Christopher Whittick
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 2012
Category : Law
ISBN : 6613723401

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Laws, Lawyers and Texts by Susanne Jenks,Jonathan Rose,Christopher Whittick Pdf

This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England. All these factors will ensure a warm reception of the volume by a broad range of readers.

Author : Wael B. Hallaq
Publisher : Routledge
Page : 340 pages
File Size : 42,7 Mb
Release : 2022-02-23
Category : History
ISBN : 9781000585049

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Law and Legal Theory in Classical and Medieval Islam by Wael B. Hallaq Pdf

These studies by Wael Hallaq represent an important contribution to our understanding of the neglected field of medieval Islamic law and legal thought. Spanning the period from the 8th to the 16th centuries, they draw upon a wide range of original sources to offer both fresh interpretations of those sources and a careful evaluation of contemporary scholarship. The first articles expound the interrelated issues of legal reasoning, legal logic and the epistemology of the law. There follows a set of primarily historical studies, which question a series of widely held assumptions, while the last items explore issues of legal theory and methodology. One particular topic concerns the role of Shafi'i as the ’master architect’ of Islamic legal theory, and Professor Hallaq would finally argue that this image is in fact false and a creation of later centuries.

Author : Fritz Kern
Publisher : The Lawbook Exchange, Ltd.
Page : 246 pages
File Size : 41,6 Mb
Release : 2013-07
Category : Constitutional history, Medieval
ISBN : 9781584775706

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Kingship and Law in the Middle Ages by Fritz Kern Pdf

A Classic Study of Early Constitutional Law. First published in 1914, this is one of the most important studies of early constitutional law. Kern observes that discussions of the state in the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount. Were they those of the ruler or the people? Kern locates the origins of this debate, which has continued to the twentieth century, in church doctrine and the history of the early German states. He demonstrates that the interaction of "these two sets of influences in conflict and alliance prepared the ground for a new outlook in the relations between the ruler and the ruled, and laid the foundations both of absolutist and of constitutional theory" (4). "[A] pioneering and classic study." --Norman F. Cantor, Inventing the Middle Ages, 106. Fritz Kern [1884-1950] was a professor, journalist and state official. From 1914 to 1918 he worked for the Foreign Ministry and the General Staff in Berlin. One of the leading medieval historians of his time, his works include Die Anfänge der Französischen Ausdehnungspolitik bis zum Jahr 1308 (1910) and Recht und Verfassung im Mittelalter (1919).

Author : Riccardo Saccenti
Publisher : University of Notre Dame Pess
Page : 144 pages
File Size : 40,8 Mb
Release : 2016-10-15
Category : Law
ISBN : 9780268100438

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Debating Medieval Natural Law by Riccardo Saccenti Pdf

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 : Anonim
Publisher : BRILL
Page : 310 pages
File Size : 47,9 Mb
Release : 2015-06-24
Category : History
ISBN : 9789004284647

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Theorizing Legal Personhood in Late Medieval England by Anonim Pdf

Theorizing Legal Personhood in Late Medieval England offers an account of the fluidity and artificiality of legal personhood before the individualistic turn in law vis-à-vis juristictional pluralism.

Author : Larry May
Publisher : Cambridge Scholars Publishing
Page : 545 pages
File Size : 55,8 Mb
Release : 2021-12-13
Category : History
ISBN : 9781527578142

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Medieval Legal and Political Thought by Larry May Pdf

Medieval legal and political thought encompasses the period from approximately 500 CE to 1500 CE. The term “Medieval” refers to the legal and political thought from the time of the late Roman Empire to that of the Renaissance. The legal and political thought of the Middle Ages is overwhelmingly characterized by the increasing role that religion played in influencing politics and law. By the high Middle Ages, we find the great theorists, Averroes, Maimonides, and Aquinas linking law to their respective religions of Islam, Judaism, and Christianity. This book argues that the so-called Dark Ages had very significant ideas about the law, especially how violence is to be contained, which make this early Medieval period anything but “Dark.” It suggests that the Christianization and Islamization of legal and political thought created almost as many problems as solutions to the increasingly diverse times that arose in the middle of the Middle Ages. The book also shows that the late Middle Ages already held many of the most important legal and political ideas of the Renaissance–showing that there was no clear break from the Medieval to the Modern periods of legal and political thought. Of central importance is the way that the development of the idea of conscience made the natural law theories of the Medieval times a robust set of ideas that is still felt quite strongly today.

Author : Hwa-Yong Lee
Publisher : Peter Lang
Page : 234 pages
File Size : 43,7 Mb
Release : 2008
Category : History
ISBN : 082049531X

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Political Representation in the Later Middle Ages by Hwa-Yong Lee Pdf

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 : Riesenberg
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 1970
Category : Electronic
ISBN : OCLC:669684831

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Inalienability of Sovereignty in Medieval Political Thought by Riesenberg Pdf

Author : Walter Ullmann
Publisher : Routledge
Page : 360 pages
File Size : 55,6 Mb
Release : 1988
Category : History
ISBN : UOM:39015014736089

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Law and Jurisdiction in the Middle Ages by Walter Ullmann Pdf

Walter Ullmann's contribution to the study of medieval political and legal thought needs no emphasis. In the present volume are collected a number of the early articles which it was not possible to include in his previous collections, together with others published since those volumes appeared. The articles display a striking consistency of approach, though in the more than forty years separating the earliest from the latest there is an obvious development in his thought. Ullman held the view that the law must be studied in its own historical context, as a function of society and a product of the factors which shaped social life; equally, he stressed the central position of the law in the study of medieval history, for its precise character meant that it could provide a more reliable probe into medieval beliefs and doctrine than any other form of evidence.