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This book aims to provide a detailed and systematic account of Conrad Summenhart’s (1455-1502) language of individual rights. This study analyses Summenhart’s theory in its historical context treating it as a culmination of late medieval discourse on individual rights, particularly useful to those interested in the origin of human rights language, modern political individualism, and late medieval and early modern political and moral philosophy.
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.
In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
This Companion aims to give an up-to-date overview of the historical context and the conceptual framework of Spanish imperial expansion during the early modern period, mostly during the 16th century. It intends to offer a nuanced and balanced account of the complexities of this historically controversial period analyzing first its historical underpinnings, then shedding light on the normative language behind imperial theorizing and finally discussing issues that arose with the experience of the conquest of American polities, such as colonialism, slavery or utopia. The aim of this volume is to uncover the structural and normative elements of the theological, legal and philosophical arguments about Spanish imperial ambitions in the early modern period. Contributors are Manuel Herrero Sánchez, José Luis Egío, Christiane Birr, Miguel Anxo Pena González, Tamar Herzog, Merio Scattola, Virpi Mäkinen, Wim Decock, Christian Schäfer, Francisco Castilla Urbano, Daniel Schwartz, Felipe Castañeda, José Luis Ramos Gorostiza, Luis Perdices de Blas, Beatriz Fernández Herrero.
This book focuses on recognition and its relation to religion and theology, in both systematic and historical dimensions. While existing research literature on recognition and contemporary recognition theory has been gradually growing since the early 1990s, certain gaps remain in the field covered so far. One of these is the multifaceted interaction between the phenomena of recognition and religion. Since recognition applies to persons, institutions, and normative entities like systems of beliefs, it also provides a very useful analytic and interpretative tool for studying religion. Divided into five sections, with chapters written by established scholars in their respective fields, the book explores the roots, history, and limits of recognition theory in the context of religious belief. Exploring early Christian and medieval sources on recognition and religion, it also offers contemporary applications of this underexplored combination. This is a timely book, as debates over religious identities, problematic forms of extremism and societal issues related with multiculturalism continue to dominate the media and politics. It will, therefore, be of great interest to scholars of recognition studies as well as religious studies, theology, philosophy, and religious and intellectual history.
Since his rediscovery by Alwin Plantinga in the 1970s, the possibility of counterfactuals of freedom in Molinism has become one of the main issues in the contemporary analytic philosophy of religion. Notwithstanding this, Luis de Molina (1535-1600) remains one of the most influential and least known authors of late scholasticism and early modern philosophy. The papers collected in this volume treat the whole range of issues posed by his metaphysics as set out in his revolutionary "Concordia" and in his practical philosophy - especially concerning law and economics - in his groundbreaking work "De Justitia et Jure". They also examine Molina's historical commitments and his influences on philosophy. In this way this Companion offers the first comprehensive and thorough overview of Molina's thought.
This book examines the story of the ‘discovery of America’ through the prism of the history of the Franciscans, a socio-religious movement with a unique doctrine of voluntary poverty. The Franciscans rapidly developed global dimensions, but their often paradoxical relationships with poverty and power offer an alternate account of global history. Through this lens, Julia McClure offers a deeper history of colonialism, not only by extending its chronology, but also by exploring the powerful role of ambivalence in the emergence of colonial regimes. Other topics discussed include the legal history of property, the complexity and politics of global knowledge networks, the early (and neglected) history of the Near Atlantic, and the transatlantic inquisition, mysticism, apocalypticism, and religious imaginations of place.
Over the past twenty years the transition from the late Middle Ages to the early modern era has received increasing attention from experts in the history of philosophy. In part, this new interest arises from claims, made in literature aimed at a less specialist readership, that this transition was responsible for the subsequent philosophical and theological problems of the Enlightenment. Philosophers like Alasdair MacIntyre and theologians like John Milbank display a certain nostalgia for the medieval synthesis of Thomas Aquinas and, consequently, evaluate the period from 1300 to 1700 in rather negative terms. Other historians of philosophy writing for the general public, such as Charles Taylor, take a more positive view of the Reformation but nevertheless conclude that modernity has been shaped by 1 conflicts which stem from early modern times. Ethics and moral thought occupy a central place in these theories. It is assumed that we have lost something – the concept of virtue, for instance, or the source of common morality. Yet those who put forward such notions do not treat the history of ethics in detail. From the historian’s perspective, their far-reaching theoretical assumptions are based on a quite small body of textual evidence. In reality, there was a rich variety of approaches to moral thinking and ethical theories during the period from 1400 to 1600.
This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.
This book is the first contextual account of the political philosophy and natural law theory of the German reformer Philipp Melanchthon (1497-1560). Mads Langballe Jensen presents Melanchthon as a significant political thinker in his own right and an engaged scholar drawing on the intellectual arsenal of renaissance humanism to develop a new Protestant political philosophy. As such, he also shows how and why natural law theories first became integral to Protestant political thought in response to the political and religious conflicts of the Reformation. This study offers new, contextual studies of a wide range of Melanchthon's works including his early humanist orations, commentaries on Aristotle's ethics and politics, Melanchthon's own textbooks on moral and political philosophy, and polemical works.