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Author: Virpi Mäkinen Publisher: Peeters Publishers ISBN: 9789042909403 Category : Language Arts & Disciplines Languages : en Pages : 238
Book Description
Property Rights in the Late Medieval Discussion on Franciscan Poverty contributes to our understanding of the history of the concept of individual natural rights by tracing the controversies surrounding the Franciscan ideal of absolute poverty from the 1250s to the 1320s. Virpi Makinen, Th.D., analyzes the complex legal, moral, and theological arguments for and against the Franciscan ideal of giving up all rights over property - an ideal that the Franciscans argued was in perfect imitation of Christ and the Apostles. Makinen pays particular attention to the concepts of rights, especially to the distinctions between dominion (dominium), right (ius) and factual use (usus facti). She discusses the arguments made by both the defenders of the Franciscan claim of apostolic poverty (Bonaventure and Bonagratia of Bergamo) and the attackers, most of whom were secular clerics (such as William of Saint-Amour, Gerard of Abbeville, Henry of Ghent, and Godfrey of Fontaines). Makinen then analyzes the support the Order received from the papacy, and how this support was undermined by Pope John XXII's vehement attack on the Franciscans in the 1320s. The book shows how the debate concerning Franciscan poverty gave rise to a new language of rights, which paved the way to the idea of individual natural rights.
Author: Virpi Mäkinen Publisher: Peeters Publishers ISBN: 9789042909403 Category : Language Arts & Disciplines Languages : en Pages : 238
Book Description
Property Rights in the Late Medieval Discussion on Franciscan Poverty contributes to our understanding of the history of the concept of individual natural rights by tracing the controversies surrounding the Franciscan ideal of absolute poverty from the 1250s to the 1320s. Virpi Makinen, Th.D., analyzes the complex legal, moral, and theological arguments for and against the Franciscan ideal of giving up all rights over property - an ideal that the Franciscans argued was in perfect imitation of Christ and the Apostles. Makinen pays particular attention to the concepts of rights, especially to the distinctions between dominion (dominium), right (ius) and factual use (usus facti). She discusses the arguments made by both the defenders of the Franciscan claim of apostolic poverty (Bonaventure and Bonagratia of Bergamo) and the attackers, most of whom were secular clerics (such as William of Saint-Amour, Gerard of Abbeville, Henry of Ghent, and Godfrey of Fontaines). Makinen then analyzes the support the Order received from the papacy, and how this support was undermined by Pope John XXII's vehement attack on the Franciscans in the 1320s. The book shows how the debate concerning Franciscan poverty gave rise to a new language of rights, which paved the way to the idea of individual natural rights.
Author: Jonathan William Robinson Publisher: BRILL ISBN: 9004245731 Category : History Languages : en Pages : 420
Book Description
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.
Author: Daniel Loick Publisher: MIT Press ISBN: 0262374366 Category : Political Science Languages : en Pages : 137
Book Description
A fundamental critique of the current property regime, calling for radical social and political change. In The Abuse of Property, Daniel Loick offers a multifaceted philosophical critique of the concept of property, broadly understood. He argues that property should not be the dominant framework in which human beings regulate the use of things, that property is not the same as use. Property rights, in his view, are not conditions of freedom or justice, but deficient, dysfunctional, and harmful ways of interacting with other people and the natural environment. He dissects not only the classic justifications of property (from John Locke's justification of property as a natural right based on individual freedom to Hegel's justification of property as a form of mutual recognition) but also the classic critiques of property, from Proudhon and Marx up to Adorno and Agamben. Through an innovative critical approach to legal studies, Loick demonstrates how the concept of property, historically applied to things and people and still a linchpin of our distorted relation with the world, forms a direct line from the Occupy movement to Black Lives Matter and beyond.
Author: Virpi Mäkinen Publisher: BRILL ISBN: 9004431535 Category : History Languages : en Pages : 277
Book Description
Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.
Author: Bert Roest Publisher: BRILL ISBN: 9047406095 Category : History Languages : en Pages : 695
Book Description
This book provides, for the first time, an exhaustive discussion of the Franciscan production of texts of religious instruction during the later medieval period (c. 1210-c. 1550). In eight chapters, it introduces the reader to the most important Franciscan sermon cycles, the Franciscan guidelines for living the life of evangelical perfection, the many Franciscan novice training manuals, the Franciscan catechisms and confession manuals, the Franciscan output of liturgical handbooks, the large number of Franciscan texts containing more wide-ranging forms of religious edification, and Franciscan prayer guides. This book provides medievalists and Renaissance scholars alike with a new tool to assess the intellectual and religious transformations between the thirteenth and the sixteenth century, and contributes to the current re-interpretation of the late medieval pastoral revolution.
Author: Donald Prudlo Publisher: BRILL ISBN: 9004181806 Category : History Languages : en Pages : 401
Book Description
The purpose and intention of this handbook is to offer an analysis of the term mendicancy and to present an up-to-date and comprehensive introduction to the phenomenon of religious mendicancy in the central and later middle ages. It provides a contextualized guide that will introduce the central issues in contemporary scholarship regarding the mendicant orders. This project approaches the controversies from a multitude of angles and unites in one volume the insights of different disciplines such as social and intellectual history, literary analysis, and theology.
Author: Boudewijn Bouckaert Publisher: Edward Elgar Publishing ISBN: 1849806519 Category : Law Languages : en Pages : 351
Book Description
This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Author: Virpi Mäkinen Publisher: Springer Science & Business Media ISBN: 9781402042119 Category : History Languages : en Pages : 334
Book Description
Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? The present volume brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.
Author: Virpi Mäkinen
Author: Virpi Mäkinen
Author: Virpi Mäkinen
Author: Jonathan William Robinson
Author: Daniel Loick
Author: Virpi Mäkinen
Author: Bert Roest
Author: Michael J. P. Robson
Author: Donald Prudlo
Author: Boudewijn Bouckaert
Author: Virpi Mäkinen