Law and Sovereignty in the Middle Ages and the Renaissance PDF Download

Author: Robert Stuart Sturges
Publisher: Brepols Publishers
ISBN: 9782503533094
Category : Constitutional history
Languages : en
Pages : 0

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Book Description
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.

Author: Kathleen Davis
Publisher: University of Pennsylvania Press
ISBN: 0812207416
Category : History
Languages : en
Pages : 199

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Book Description
Despite all recent challenges to stage-oriented histories, the idea of a division between a "medieval" and a "modern" period has survived, even flourished, in academia. Periodization and Sovereignty demonstrates that this survival is no innocent affair. By examining periodization together with the two controversial categories of feudalism and secularization, Kathleen Davis exposes the relationship between the constitution of "the Middle Ages" and the history of sovereignty, slavery, and colonialism. This book's groundbreaking investigation of feudal historiography finds that the historical formation of "feudalism" mediated the theorization of sovereignty and a social contract, even as it provided a rationale for colonialism and facilitated the disavowal of slavery. Sovereignty is also at the heart of today's often violent struggles over secular and religious politics, and Davis traces the relationship between these struggles and the narrative of "secularization," which grounds itself in a period divide between a "modern" historical consciousness and a theologically entrapped "Middle Ages" incapable of history. This alignment of sovereignty, the secular, and the conceptualization of historical time, which relies essentially upon a medieval/modern divide, both underlies and regulates today's volatile debates over world politics. The problem of defining the limits of our most fundamental political concepts cannot be extricated, Davis argues, from the periodizing operations that constituted them, and that continue today to obscure the process by which "feudalism" and "secularization" govern the politics of time.

Author: Heinrich Albert Rommen
Publisher:
ISBN: 9780865971615
Category : Law
Languages : en
Pages : 0

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Book Description
Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

Author: L. B. T. Houghton
Publisher: Brepols Publishers
ISBN: 9782503581903
Category : European literature
Languages : en
Pages : 227

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Book Description
Brings together studies by scholars from a range of academic disciplines to assess the central position of Virgil in the intellectual, artistic, and political lives of the Renaissance. This collection of essays presents a variety of case studies of Virgils impact on different branches of Renaissance culture, covering the crucial areas of education and court culture, the visual arts, music history, philosophy, and Neo-Latin and vernacular literature. It brings together established scholars and younger researchers from a range of different academic disciplines. The studies included here will be of particular interest to students of Renaissance social, intellectual, and literary history, to art historians, and to those working on the reception of classical literature; some offer new perspectives on well-known material, while others investigate examples of Renaissance engagement with the Virgilian corpus which have received little or no previous attention. Building on recent scholarship on the Virgilian tradition, the collection opens up new avenues for research on the reception of both Virgil and other classical authors, and addresses questions of fundamental importance to historians of this period not least the perennial debate over the nature and definition of the Renaissance itself.

Author: Kenneth Pennington
Publisher: Univ of California Press
ISBN: 0520913035
Category : History
Languages : en
Pages : 760

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Book Description
The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

Author: Janet Coleman
Publisher: John Wiley & Sons
ISBN: 0631186522
Category : Political Science
Languages : en
Pages : 324

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Book Description
This volume continues the story of European political theorising by focusing on medieval and Renaissance thinkers. It includes extensive discussion of the practices that underpinned medieval political theories and which continued to play crucial roles in the eventual development of early-modern political institutions and debates. The author strikes a balance between trying to understand the philosophical cogency of medieval and Renaissance arguments on the one hand, elucidating why historically-suited medieval and Renaissance thinkers thought the ways they did about politics; and why we often think otherwise.

Author: Robin Chapman Stacey
Publisher: University of Pennsylvania Press
ISBN: 0812295420
Category : History
Languages : en
Pages : 344

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Book Description
In Law and the Imagination in Medieval Wales, Robin Chapman Stacey explores the idea of law as a form of political fiction: a body of literature that blurs the lines generally drawn between the legal and literary genres. She argues that for jurists of thirteenth-century Wales, legal writing was an intensely imaginative genre, one acutely responsive to nationalist concerns and capable of reproducing them in sophisticated symbolic form. She identifies narrative devices and tropes running throughout successive revisions of legal texts that frame the body as an analogy for unity and for the court, that equate maleness with authority and just rule and femaleness with its opposite, and that employ descriptions of internal and external landscapes as metaphors for safety and peril, respectively. Historians disagree about the context in which the lawbooks of medieval Wales should be read and interpreted. Some accept the claim that they originated in a council called by the tenth-century king Hywel Dda, while others see them less as a repository of ancient custom than as the Welsh response to the general resurgence in law taking place in western Europe. Stacey builds on the latter approach to argue that whatever their origins, the lawbooks functioned in the thirteenth century as a critical venue for political commentary and debate on a wide range of subjects, including the threat posed to native independence and identity by the encroaching English; concerns about violence and disunity among the native Welsh; abusive behavior on the part of native officials; unwelcome changes in native practice concerning marriage, divorce, and inheritance; and fears about the increasing political and economic role of women.

Author:
Publisher: BRILL
ISBN: 9004446265
Category : Law
Languages : en
Pages : 320

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Book Description
The essays in this volume explore the theories and practices of sovereignty in the context of state-building in the early modern Northern and Southern Low Countries. The book approaches this historical debate from three angles: (1) political theoretical, (2) legal, and (3) politico-historical.

Author: Andrew Rabin
Publisher: Boydell & Brewer
ISBN: 1783277602
Category :
Languages : en
Pages : 311

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Book Description
Valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.

Author: James M. Blythe
Publisher: Princeton University Press
ISBN: 1400862604
Category : History
Languages : en
Pages : 362

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Book Description
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.