Search Results for "medieval-law-and-the-foundations-of-the-state"

Medieval Law and the Foundations of the State

Medieval Law and the Foundations of the State

  • Author: Alan Harding
  • Publisher: Oxford University Press on Demand
  • ISBN: 019821958X
  • Category: Law
  • Page: 392
  • View: 3662
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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 systemsfor 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 inthe 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'.

Foundations of Public Law

Foundations of Public Law

  • Author: Martin Loughlin
  • Publisher: OUP Oxford
  • ISBN: 0191648183
  • Category: Law
  • Page: 528
  • View: 5532
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Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

Medieval Foundations of International Relations

Medieval Foundations of International Relations

  • Author: William Bain
  • Publisher: Routledge
  • ISBN: 1317635493
  • Category: Political Science
  • Page: 210
  • View: 6970
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The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there ‘medieval’ answers to ‘modern’ questions? is the modern world still working its way through the Middle Ages? to what extent is the ‘modern outlook’ genuinely secular? is there a ‘theology’ of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory. .

The Rule of the Clan

The Rule of the Clan

What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom

  • Author: Mark S. Weiner
  • Publisher: Farrar, Straus and Giroux
  • ISBN: 1466836385
  • Category: Political Science
  • Page: 272
  • View: 4161
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A revealing look at the role kin-based societies have played throughout history and around the world A lively, wide-ranging meditation on human development that offers surprising lessons for the future of modern individualism, The Rule of the Clan examines the constitutional principles and cultural institutions of kin-based societies, from medieval Iceland to modern Pakistan. Mark S. Weiner, an expert in constitutional law and legal history, shows us that true individual freedom depends on the existence of a robust state dedicated to the public interest. In the absence of a healthy state, he explains, humans naturally tend to create legal structures centered not on individuals but rather on extended family groups. The modern liberal state makes individualism possible by keeping this powerful drive in check—and we ignore the continuing threat to liberal values and institutions at our peril. At the same time, for modern individualism to survive, liberals must also acknowledge the profound social and psychological benefits the rule of the clan provides and recognize the loss humanity sustains in its transition to modernity. Masterfully argued and filled with rich historical detail, Weiner's investigation speaks both to modern liberal societies and to developing nations riven by "clannism," including Muslim societies in the wake of the Arab Spring.

States of War

States of War

Enlightenment Origins of the Political

  • Author: David William Bates
  • Publisher: Columbia University Press
  • ISBN: 0231528663
  • Category: Political Science
  • Page: 272
  • View: 9971
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We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

Kingship and Law in the Middle Ages

Kingship and Law in the Middle Ages

Studies

  • Author: Fritz Kern
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 158477570X
  • Category: History
  • Page: 250
  • View: 2878
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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 Anfange der Franzosischen Ausdehnungspolitik bis zum Jahr 1308 (1910) and Recht und Verfassung im Mittelalter (1919)."

Trust

Trust

A History

  • Author: Geoffrey Hosking
  • Publisher: OUP Oxford
  • ISBN: 0191022829
  • Category: History
  • Page: 256
  • View: 7055
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Today there is much talk of a 'crisis of trust'; a crisis which is almost certainly genuine, but usually misunderstood. Trust: A History offers a new perspective on the ways in which trust and distrust have functioned in past societies, providing an empirical and historical basis against which the present crisis can be examined, and suggesting ways in which the concept of trust can be used as a tool to understand our own and other societies. Geoffrey Hosking argues that social trust is mediated through symbolic systems, such as religion and money, and the institutions associated with them, such as churches and banks. Historically these institutions have nourished trust, but the resulting trust networks have tended to create quite tough boundaries around themselves, across which distrust is projected against outsiders. Hosking also shows how nation-states have been particularly good at absorbing symbolic systems and generating trust among large numbers of people, while also erecting distinct boundaries around themselves, despite an increasingly global economy. He asserts that in the modern world it has become common to entrust major resources to institutions we know little about, and suggests that we need to learn from historical experience and temper this with more traditional forms of trust, or become an ever more distrustful society, with potentially very destabilising consequences.

Artifacts from Medieval Europe

Artifacts from Medieval Europe

  • Author: James B. Tschen-Emmons
  • Publisher: ABC-CLIO
  • ISBN: 1610696220
  • Category: Art
  • Page: 321
  • View: 1982
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Using artifacts as primary sources, this book enables students to comprehensively assess and analyze historic evidence in the context of the medieval period. • Provides a single-volume resource for using medieval artifacts to better understand the long-ago past • Supplies images of artifacts with detailed descriptions, explanations of significance, and a list of sources for more information, which help students learn how to effectively analyze primary sources • Presents a virtual window into many different aspects of medieval society and life, including particular activities or roles—such as farming, weaving, fashion, or being a mason or a knight • Includes sidebars within selected entries that explain key terms and concepts and supply excerpts from contemporary sources

The Foundations of Sovereignty and Other Essays

The Foundations of Sovereignty and Other Essays

  • Author: Harold Joseph Laski
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584773308
  • Category: Law
  • Page: 317
  • View: 5850
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Laski, Harold J. The Foundations of Sovereignty and Other Essays. New York: Harcourt, Brace and Company, 1921. xi, 317 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044372. ISBN 1-58477-330-8. Cloth. $80. * This influential study develops aspects of his theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity, but is rather one association among many that must compete for the people's loyalty and obedience.

Parochialism, Cosmopolitanism, and the Foundations of International Law

Parochialism, Cosmopolitanism, and the Foundations of International Law

  • Author: M. N. S. Sellers
  • Publisher: Cambridge University Press
  • ISBN: 0521518024
  • Category: Law
  • Page: 288
  • View: 8003
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This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

The Police Power

The Police Power

Patriarchy and the Foundations of American Government

  • Author: Markus Dirk Dubber
  • Publisher: Columbia University Press
  • ISBN: 9780231132077
  • Category: Law
  • Page: 268
  • View: 828
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Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police -- the most expansive and least limitable of governmental powers -- by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

The Idea of Natural Rights

The Idea of Natural Rights

Studies on Natural Rights, Natural Law, and Church Law, 1150-1625

  • Author: Brian Tierney
  • Publisher: Wm. B. Eerdmans Publishing
  • ISBN: 9780802848543
  • Category: Law
  • Page: 380
  • View: 8924
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This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

The Historical Foundations of the Law Relating to Trade-marks

The Historical Foundations of the Law Relating to Trade-marks

  • Author: Frank Isaac Schechter
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 158477035X
  • Category: Law
  • Page: 211
  • View: 2269
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Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65.* What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

The Foundations of Modern Science in the Middle Ages

The Foundations of Modern Science in the Middle Ages

Their Religious, Institutional and Intellectual Contexts

  • Author: Edward Grant
  • Publisher: Cambridge University Press
  • ISBN: 9780521567626
  • Category: Science
  • Page: 247
  • View: 9676
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This 1997 book views the substantive achievements of the Middle Ages as they relate to early modern science.

Historical and Theological Foundations of Law

Historical and Theological Foundations of Law

  • Author: John Eidsmoe M. DIV
  • Publisher: N.A
  • ISBN: 9780990377467
  • Category: Law
  • Page: 1500
  • View: 6137
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What is the Law? Where does it get its authority? With unparalleled scope and minute detail, Historical &Theological Foundations of Law studies the earliest origins of Law in the legal systems of ancient societies all across the earth, explores their common threads and differences, and traces their development through history, and notes common trends that should cause hope or alarm today! Volume I: Ancient Wisdom. In Book I, The Foundation, we begin by exploring the laws of ancient civilizations: Egyptian stability, Babylonian precision, Persian enlightenment, Indian philosophy, Chinese Taoism/Buddhism/Confucianism, Polynesian kapu, Incan absolutism and efficiency, Mayan oligarchy, Aztec judicial independence, Cheyenne volunteerism, and the Iroquois Confederacy''s sage balancing of power. How did these systems arise? What trends do we see? Polytheism to monotheism, or monotheism to polytheism? Decentralization, or centralization of power? Fewer laws, or more laws? Gentleness, or brutality? In Book II, The Cornerstone, we focus upon a unique people who many believe have influenced the world more than any other. In a canon of thirty-nine books, the Hebrews have given us the Tanakh (Old Testament). How did the Hebrew constitution function, and upon what precepts was it based? Are the Ten Commandments truly the foundation of Western Law? Why is their influence so often overlooked today? Volume II: Classical and Medieval. In Book III, The Structure, we turn to Greece and Rome. Hailed as the birthplace of democracy, the Athenian system was unstable, inefficient, and short-lived. Nevertheless, Plato laid a philosophical basis for natural law, and Aristotle provided a foundation for justice. Rome had a genius for law and organization, but the constitutional constraints of the Republic gradually gave way to the Empire. However, the followers of Christ, once a persecuted minority, came to rule the Empire and put a Christian stamp on Roman law. Out of Roman law we see the rise of the Canon law of the Church, and we also survey the Sharia law of Islam. Book IV, The Centerpiece, begins with the Dark Ages--the darkness of the womb, out of which was born the Common Law. From the Celtic mists, with the Druids and their Brehon lawyers, St. Patrick and the Senchus Mor, the Anglo-Saxons in the forests of Germany with their witans and juries which they brought to Britain, Alfred the Great who began his Book of Dooms with the Ten Commandments, to the Norman Conquest and the warfare between the centralizing Norman kings and their opponents, the precepts and institutions of the Common Law took form. What is the Common Law? If it is so common, why is it so seldom defined? How does it relate to Canon law or civil law? And is it Christian, or Roman, or a fusion of both? Volume III: Reformation and Colonial. Book V, The Pinnacle, examines the Lutheran and Calvinist Reformations, whereby the doctrines of justification by grace through faith and the priesthood of all believers led to republican concepts of government by consent of the governed, social contract, God-given rights, and justified resistance against tyranny. Constitutional jurists such as Selden, Milton, Coke, Althusius, Grotius, Locke, Montesquieu, and Blackstone fused Biblical theology with the Common Law. Book VI, The Beacon. To take root and grow, the Common Law needed fresh soil. In Book VI, we see that Anglicans established the Common Law in Jamestown and the Southern Colonies, Puritans in the New England Colonies, Presbyterians, Quakers, Catholics, and others in the Middle Colonies. In 1776 they took the ultimate republican step of declaring independence. When, in 1787, fifty-five delegates gathered in Independence Hall to draft a Constitution, they did not write on a blank slate. Rather, they were prepared with thousands of years of "echoes of Eden," Holy Writ, and the Common Law. The event, Washington said, was "in the hands of God." This book provides information and answers, but just as important are the questions it raises about the nature, purpose, and source of law. Jurists have articulated it, philosophers have theorized about it, theologians have explored the moral principles that underlie it. Statesmen have enacted it, judges have interpreted it, sheriffs have enforced it, soldiers have defended it, kings have implemented it. And then, after the fact, people have written about it, to try to explain what it is, and what it should be. This is a journey worth taking, for its insight into our legal heritage. We hope that the truths contained in these volumes will reverberate to future generations who may well need reminding, even as we need reminding today, of the foundations as well as the Founder of our unique American system of Law.

The Medieval Experience

The Medieval Experience

Foundations of Western Cultural Singularity

  • Author: Francis Oakley
  • Publisher: University of Toronto Press
  • ISBN: 9780802067074
  • Category: Philosophy
  • Page: 228
  • View: 5860
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A far-ranging study examines five critical areas in which medieval civilization departed from earlier civilizations, and thereby contributed to the development of a unique European culture. A reprint of the 1974 edition.

The Foundations of European Private Law

The Foundations of European Private Law

  • Author: Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847318339
  • Category: Law
  • Page: 648
  • View: 8268
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There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Foundations of Political Economy

Foundations of Political Economy

Some Early Tudor Views on State and Society

  • Author: Neal Wood
  • Publisher: Univ of California Press
  • ISBN: 9780520913448
  • Category: History
  • Page: 332
  • View: 9174
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Conventional wisdom claims that the seventeenth century gave birth to the material and ideological forces that culminated in the Industrial Revolution and the rise of capitalism. Not true, according to Neal Wood, who argues that much earlier reformers—Dudley, Starkey, Brinklow, Latimer, Crowley, Becon, Lever, and Thomas Smith, as well as the better-known More and Fortescue—laid the groundwork by fashioning an economic conception of the state in response to social, economic and political conditions of England. Wood's innovative study of these early Tudor thinkers, who upheld the status quo yet condemned widespread poverty and suffering, will interest historians, political scientists, and social and political theorists.

The Foundations of Sovereignty (Works of Harold J. Laski)

The Foundations of Sovereignty (Works of Harold J. Laski)

And Other Essays

  • Author: Harold J. Laski
  • Publisher: Routledge
  • ISBN: 1317586824
  • Category: Political Science
  • Page: 336
  • View: 6016
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This influential study, originally published in 1921, develops aspects of Laski's theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity; it is one association among many that must compete for the people's loyalty and obedience.

The Foundations of the Arab State

The Foundations of the Arab State

  • Author: Ghassan Salame
  • Publisher: Routledge
  • ISBN: 1136877096
  • Category: Social Science
  • Page: 272
  • View: 815
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The Foundations of the Arab State deals with the conceptual, historical, and cultural environment in which the contemporary Arab state system was established and has evolved. With contributions from established scholars in the field, this volume addresses the major issues posed by the emergence of contemporary Arab states, by their consolidation, the role played by foreign powers in their creation, and their future within the region.