Download or read book Church Law and Constitutional Thought in the Middle Ages written by Brian Tierney and published by Variorum Publishing. This book was released on 1979 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Church Law and Constitutional Thought in the Middle Ages Collected Studies CS 90 written by Brian Tierney and published by . This book was released on 1979 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kingship and Law in the Middle Ages written by Fritz Kern and published by The Lawbook Exchange, Ltd.. This book was released on 2013-07 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Law as Profession and Practice in Medieval Europe written by Kenneth Pennington and published by Routledge. This book was released on 2016-04-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Consent Coercion and Limit written by Arthur P. Monahan and published by McGill-Queen's Press - MQUP. This book was released on 1987-02-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition, he deals with the development of these concepts in Roman and canon law and in the practices of the emerging states of France and England and the Italian city-states, as well as considering works in legal and administrative theory and constitutional documents. In each case his interpretations are placed in the wider contexts of developments in law, church, and administrative reform. The result is the first complete study of these three crucial terms as used in the Middle Ages, as well as an excellent summary of work done in a number of specialized fields over the last twenty-five years. The book is of considerable importance not only to medieval studies but to the history of political theory and to political theory itself. It brings together and explains the relevance of a vast amount of material previously known only to a few specialists, documenting Monahan's argument that later political thought has been significantly influenced by medieval formulations of the concepts of consent, coercion, and limit.
Download or read book Kingship and Law in the Middle Ages written by Fritz Kern and published by . This book was released on 1970 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Government and Politics in the Middle Ages written by Walter Ullmann and published by . This book was released on 1974 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Cultural History of Law in the Middle Ages written by Emanuele Conte and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 500, the legal order in Europe was structured around ancient customs, social practices and feudal values. By 1500, the effects of demographic change, new methods of farming and economic expansion had transformed the social and political landscape and had wrought radical change upon legal practices and systems throughout Western Europe. A Cultural History of Law in the Middle Ages explores this change and the rich and varied encounters between Christianity and Roman legal thought which shaped the period. Evolving from a combination of religious norms, local customs, secular legislations, and Roman jurisprudence, medieval law came to define an order that promoted new forms of individual and social representation, fostered the political renewal that heralded the transition from feudalism to the Early Modern state and contributed to the diffusion of a common legal language. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Middle Ages presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Download or read book Medieval Legal and Political Thought written by Larry May and published by Cambridge Scholars Publishing. This book was released on 2021-12-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Medieval Law and the Foundations of the State written by Alan Harding and published by OUP Oxford. This book was released on 2002-01-03 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.
Download or read book Law and Jurisdiction in the Middle Ages written by Walter Ullmann and published by Taylor & Francis. This book was released on 2024-10-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ideal Government and the Mixed Constitution in the Middle Ages written by James M. Blythe and published by Princeton University Press. This book was released on 2014-07-14 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Greeks and Romans often wrote that the best form of government consists of a mixture of monarchy, aristocracy, and democracy. Political writers in the early modern period applied this idea to government in England, Venice, and Florence, and Americans used it in designing their constitution. In this history of political thought James Blythe investigates what happened to the concept of mixed constitution during the Middle Ages, when the work of the Greek historian Polybius, the source of many of the formal elements of early modern theory, was unknown in Latin. Although it is generally argued that Renaissance and early modern theories of mixed constitution derived from the revival of classical Polybian models, Blythe demonstrates the pervasiveness of such ideas in high and late medieval thought. The author traces medieval Aristotelian theories concerning the best form of government and concludes that most endorsed a limited monarchy sharing many features with the mixed constitution. He also shows that the major early modern ideas of mixed constitutionalism stemmed from medieval and Aristotelian thought, which partially explains the enthusiastic reception of Polybius in the sixteenth century. Originally published in 1992. 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.
Download or read book Piers Plowman and the Reinvention of Church Law in the Late Middle Ages written by Arvind Thomas and published by University of Toronto Press. This book was released on 2019-03-14 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a medieval truism that the poet meddles with words, the lawyer with the world. But are the poet’s words and the lawyer’s world really so far apart? To what extent does the art of making poems share in the craft of making laws, and vice versa? Framed by such questions, Piers Plowman and the Reinvention of Church Law in the Late Middle Ages examines the mutually productive interaction between literary and legal "makyngs" in England’s great Middle English poem by William Langland. Focusing on Piers Plowman’s preoccupation with wrongdoing in the B and C versions, Arvind Thomas examines the versions’ representations of trials, confessions, restitutions, penalties, and pardons. Thomas explores how the "literary" informs and transforms the "legal" until they finally cannot be separated. Thomas shows how the poem’s narrative voice, metaphor, syntax and style not only reflect but also act upon properties of canon law, such as penitential procedures and authoritative maxims. Langland’s mobilization of juridical concepts, Thomas insists, not only engenders a poetics informed by canonist thought but also expresses an alternative vision of canon law from that proposed by medieval jurists and today’s medievalists.
Download or read book Studies in Medieval Legal Thought written by Gaines Post and published by Princeton University Press. This book was released on 2015-12-08 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Religion Law and the Growth of Constitutional Thought 1150 1650 written by Brian Tierney and published by Cambridge University Press. This book was released on 2008-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the growth of Western constitutional thought, we need to consider both ecclesiology and political theory, ideas about the Church as well as ideas about the state. In this book Professor Tierney traces the interplay between ecclesiastical and secular theories of government from the twelfth century to the seventeenth. He shows how ideas revived from the ancient past - Roman law, Aristotelian political philosophy, teachings of Church fathers - interacted with the realities of medieval society to produce distinctively new doctrines of constitutional government in Church and state. The study moves from the Roman and canon lawyers of the twelfth century to various thirteenth-century theories of consent; later sections consider fifteenth-century conciliarism and aspects of seventeenth-century constitutional thought. Fresh approaches are suggested to the work of several figures of central importance in the history of Western political theory. Among the authors considered are Thomas Aquinas, Marsilius of Padua, Jean Gerson, Nicholas of Cues and Althusius, along with many lesser-known authors who contributed significantly to the growth of the Western constitutional tradition.
Download or read book Law and Jurisdiction in the Middle Ages written by Walter Ullmann and published by Routledge. This book was released on 1988 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Cambridge History of Medieval Political Thought C 350 c 1450 written by James Henderson Burns and published by Cambridge University Press. This book was released on 1988 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the history of a complex and varied body of ideas over a period of more than a thousand years.
