The Problem Of Sovereignty In The Later Middle Ages
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The Problem of Sovereignty in the Later Middle Ages by Michael Wilks Pdf
Sovereignty has always been an important concept in political thought, and at no time in European history was it more important than during the perplexed conditions of the thirteenth and fourteenth centuries. Universal government was a fading dream, giving way to the new conception of the national state and the whole basis of political thought was being reorientated by the influx of Aristotelian ideas. Dr Wilks's book is an attempt to clarify the more important problems in the political outlook of the period. He shows that at this time the theologians and literary writers, especially Augustinus Triumphus of Ancona, had built up a complete theory of sovereignty in favour of the papal monarchy, based on a neo-Platonic, Augustinian view of the church as a universal and totalitarian state.
Law and Sovereignty in the Middle Ages and the Renaissance by Robert Stuart Sturges Pdf
Sovereignty, law, and the relationship between them are now among the most compelling topics in history, philosophy, literature and art. Some argue that the state's power over the individual has never been more complete, while for others, such factors as globalization and the internet are subverting traditional political forms. This book exposes the roots of these arguments in the Middle Ages and Renaissance. The thirteen contributions investigate theories, fictions, contestations, and applications of sovereignty and law from the Anglo-Saxon period to the seventeenth century, and from England across western Europe to Germany, France, Italy, and Spain. Particular topics include: Habsburg sovereignty, Romance traditions in Arthurian literature, the duomo in Milan, the political theories of Juan de Mariana and of Richard Hooker, Geoffrey Chaucer's legal problems, the accession of James I, medieval Jewish women, Elizabethan diplomacy, Anglo-Saxon political subjectivity, and medieval French farce. Together these contributions constitute a valuable overview of the history of medieval and Renaissance law and sovereignty in several disciplines. They will appeal to not only to political historians, but also to all those interested in the histories of art, literature, religion, and culture.
Ideas of Power in the Late Middle Ages, 1296–1417 by Joseph Canning Pdf
Through a focused and systematic examination of late medieval scholastic writers - theologians, philosophers and jurists - Joseph Canning explores how ideas about power and legitimate authority were developed over the 'long fourteenth century'. The author provides a new model for understanding late medieval political thought, taking full account of the intensive engagement with political reality characteristic of writers in this period. He argues that they used Aristotelian and Augustinian ideas to develop radically new approaches to power and authority, especially in response to political and religious crises. The book examines the disputes between King Philip IV of France and Pope Boniface VIII and draws upon the writings of Dante Alighieri, Marsilius of Padua, William of Ockham, Bartolus, Baldus and John Wyclif to demonstrate the variety of forms of discourse used in the period. It focuses on the most fundamental problem in the history of political thought - where does legitimate authority lie?
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.
Political Theories of the Middle Age by Otto von Gierke Pdf
This excellent book is a translation of a very small portion of Dr. Gierke’s “ Deutsches Genossenschaftsrecht, " being the section entitled “ Die Publizistischen Lehren des Mittelalters. ” Its ten chapters treat of the following questions : The evolution of political theory under the diverse influences of ancient philosophy and law, medieval theology, local custom; Macrocosm and microcosm, i.e., the relation of the whole of society to its parts and vice versa from the medieval viewpoint; unity in Church and State, wherein are discussed the warring positions of parties in both, evolved by the length of the contest between the papacy and the empire; the idea of organization, i.e., of society as an organism; the idea of monarchy, its derivation from God, its consequent relations with the plenitudo potestatis of the papacy; the idea of popular sovereignty, its conflicts and combinations with the ruler's sovereignty, first in the temporal sphere, second, analogous developments of the idea as applied to the government of the Church, somewhat painfully brought out by the conciliar movement; the idea of representation; the idea of personality, i.e., of justice or legal personality applied to the Church and State or to minor corporations; the relation of the state to the law, natural and positive; the beginnings of the modern state, i.e., those elements in medieval doctrine that led up to the modern idea of the state. One half of the book is devoted to notes that elucidate the text of the cited authorities, a long list of which, both ancient and modern, is given. The mere enumeration of the titles of the chapters and the fact that the translation has been undertaken by so eminent a legal historian as Mr. Maitland are a warrant that the work is important, even for those who are not disposed to accept Dr. Gierke's views on faith. English - speaking readers in general must find it interesting, accustomed as they are to look on medieval thought as mere idle speculation of the logicians; as if political theories did not then, as now, agitate men's minds and lay the foundations for much of those political blessings that we now enjoy, or think we do. To a close observer of the development of government in the Catholic Church some portions will be, not merely interesting, but absorbing. They may even be instructive, though at the sacrifice of some preconceptions.
The Western Church in the Later Middle Ages by Francis Oakley Pdf
Francis Oakley addresses late-medieval church history in its own terms, pointing out not only discontinuities but also continuities with earlier medieval experience. "By doing so," he writes, "I hope to have avoided the distortions and refractions that occur when that history is seen too obsessively through the lens of the Reformation."
Popular Sovereignty in Early Modern Constitutional Thought by Daniel Lee Pdf
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
Savage Republic: De Indis of Hugo Grotius, Republicanism and Dutch Hegemony within the Early Modern World-System (c. 1600-1619) by Eric Wilson Pdf
Intended for the professional academic and graduate student, this book is the first to utilize the methodology of “New Stream” legal scholarship in an extended critical “exegesis” of Hugo Grotius’ De Indis (c.1604-6). De Indis is predicated upon a two-fold discursive strategy: (i) investing “private” Trading Companies with “public” international legal personality, and (ii) collapsing the distinction between “private” and “public” warfare. Governing the operation of textual interpretation is De Indis’ status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a “primitive” system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of De Indis consists of a discursive “micro-oscillation” between the “thick” ontology of Late Scholasticism (“Utopia”) and the “thin” ontology of Civic Humanism (“Apology”) wholly appropriate to the governance requirements of the embryonic Modern World-System.
A Companion to Priesthood and Holy Orders in the Middle Ages by Greg Peters,C. Colt Anderson Pdf
A Companion to Priesthood and Holy Orders in the Middle Ages contains essays that examine the ontology and function of ordained bishops, priests and deacons throughout the medieval era as preachers, confessors and providers of pastoral care.
The Economic Causes of the English Civil War by George Yerby Pdf
This is a coordinated presentation of the economic basis of revolutionary change in 16th- and early-17th century England, addressing a crucial but neglected phase of historical development. It traces a transformation in the agrarian economy and substantiates the decisive scale on which this took place, showing how the new forms of occupation and practice on the land related to seminal changes in the general dynamics of commercial activity. An integrated, self-regulating national market generated new imperatives, particularly a demand for a right of freedom of trade from arbitrary exactions and restraints. This took political force through the special status that rights of consent had acquired in England, based on the rise of sovereign representative law following the Break with Rome. These associations were reflected in a distinctive merchant-gentry alliance, seeking to establish freedom of trade and representative control of public finance, through parliament. This produced a persistent challenge to royal prerogatives such as impositions from 1610 onwards. Parliamentary provision, especially legislation, came to be seen as essential to good government. These ambitions led to the first revolutionary measures of the Long Parliament in early 1641, establishing automatic parliaments and the normative force of freedom of trade.