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This book is an account of those canonistic theories of Church government which contributed to the growth of the conciliar theory, and which were formulated between Gratian's "Decretum" (c. 1140) and the Great Schism (1378). "Foundations of the Conciliar Theory" is considered by many to be one of those rare books that significantly influenced twentieth century medieval historical studies. Now again available in a new enlarged edition, it will continue to be an indispensable work for all those interested in Church history and the Middle Ages.
A major problem which occupied thinkers in the later Middle Ages was the question of the internal structure of the Church and the proper interrelationship of its members. This book is an account of those canonistic theories of Church government which contributed to the growth of the conciliar theory, and which were formulated between Gratian's Decretum (c. 1140) and the Great Schism (1378). It is concerned particularly with the juristic development of the fundamental conciliar doctrine, the assertion that the universal Church was superior to the Church of Rome, with a consequent denial of the Pope's supreme authority. Foundations of the Conciliar Theory is considered by many to be one of those rare books that significantly influenced twentieth century medieval studies. Now again available in a new enlarged edition, it will continue to be an indispensable work for all those interested in Church history and the Middle Ages.
The first comprehensive study of the Constance reforms since 1867, this volume offers new explanations for the frequently alleged failures of the reforms, while arguing that the successes were much greater than historians have generally acknowledged. The author analyses the specific reforms in light of the conflicting interests of reformers; then he probes the conceptual basis of the reforms employing methodology developed by Gerhart Ladner. An appendix offers a new edition of the central source for the deliberations — the records of the Constance reform committee — using three newly identified manuscripts. The Constance reformers gathered a rich harvest of late medieval institutional reform thought and imagery. Under the central motto of "reform in head and members," they put long-standing conciliar theories into practice, forging a pragmatic synthesis of hierarchy and collegiality.
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.
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.
At medieval universities, boundaries often served to reinforce divisions among competing groups and methods. Yet the crossing of these boundaries could also provide the basis for fruitful exchanges. The essays in this volume, contributed by specialists from Europe and North America in the study of medieval history, philosophy, theology, medicine and law, explore various ways in which boundaries between disciplines, faculties and between town and gown were both created and crossed at this new institutional form. Originally presented at the 2008 conference held in Madison, Wisconsin, they demonstrate in particular the richness and vitality of intellectual life at European universities both before and after the mid-thirteenth century. Contributors are David Luscombe, Marcia L. Colish, Chris Schabel, Maarten J.F.M. Hoenen, Kent Emery, Jr., John E. Murdoch, Michael R. McVaugh, Danielle Jacquart, Kenneth Pennington, Karl Shoemaker, Robert E. Lerner, and Jürgen Miethke.
Is contemporary international order truly a secular arrangement? William Bain challenges this narrative by arguing that modern theories of international order reflect ideas that originate in medieval theology.
From the divine right of kings to the political philosophies of writers such as Machiavelli, the medieval city-states to the unification of Spain, Daniel Waley and Peter Denley focus on the growing power of the state to illuminate changing political ideas in Europe between the thirteenth and sixteenth centuries. Spanning the entire continent and beyond, and using contemporary voices wherever possible, the authors include substantial sections on economics, religion, and art, and how developments in these areas fed into and were influenced by the transformation of political thinking. The new edition takes the narrative beyond the confines of western Europe with chapters on East Central Europe and the teutonic knights, and the Portuguese expansion across the Atlantic. The third edition of this classic introduction to the period includes even greater use of contemporary voices, full reading lists, and new chapters on East Central Europe and Portuguese exploration. Suitable as an introductory text for undergraduate courses in Medieval Studies and Medieval European History.
It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.