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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.
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.
The environment--together with ecology and other aspects of the way people see their world--has become a major focus of pre-modern studies. The thirteen contributions in this volume discuss topics across the millennium in Europe from the late 600s to the early 1600s. They introduce applications to older texts, art works, and ideas made possible by relatively new fields of discourse such as animal studies, ecotheology, and Material Engagement Theory. From studies of medieval land charters and epics to the canticles sung in churches, the encyclopedic natural histories compiled for the learned, the hunting parks described and illustrated for the aristocracy, chronicles from the New World, classical paintings from the Old World, and the plays of Shakespeare, the authors engage with the human responses to nature in times when it touched their lives more intimately than it does for people today, even though this contact raised concerns that are still very much alive today.
In the twenty-first century, insurance companies still refer to 'acts of God' for any accident or event not influenced by human beings: hurricanes, floods, hail, tsunamis, wildfires, earthquakes, tornados, lightning strikes, even falling trees. The remote origin of this concept can be traced to the Hebrew Bible. During the Second Temple period of Judaism a new literary form developed called 'apocalyptic' as a mediated revelation of heavenly secrets to a human sage concerning messages that could be cosmological, speculative, historical, teleological, or moral. The best-known development of this type of literature, however, came to fruition in the New Testament and is, of course, the Book of Revelation, attributed to the apostle John, and which figures prominently in the Middle Ages and Renaissance. This collection of essays, the result of the 2014 ACMRS Conference, treats the topic of catastrophes and their connection to apocalyptic mentalities and rhetoric in the Middle Ages and the Renaissance (with particular reference to reception of the Book of Revelation), both in Europe and in the Muslim world. The twelve authors contributing to this volume use terms that are simultaneously helpful and ambiguous for a whole range of phenomena and appraisal.
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.
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
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.
This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.
This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.