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The concepts of popular consent and limit as applied to the exercise of political authority are fundamental features of parliamentary democracy. Both these concepts played a role in medieval political theorizing, although the meaning and significance of political consent in this thought has not been well understood. In a careful, scholarly, and readable survey of the major political texts from Augustine to Ockham, Arthur Monahan analyses the contribution of medieval thought to the development of these two concepts and to the correlative concept of coercion. In addition, he deals with the development of these concepts in Roman and canon law and in the practices of the emerging states of France and England and the Italian city- states, as well as considering works in legal and administrative theory and constitutional documents. In each case his interpretations are placed in the wider context of developments in law, church, and administrative reforms. The result is the first complete study of these three crucial terms as used in the Middle Ages, as well as an excellent summary of work done in a number of specialized fields over the last twenty-five years.
This book explores the theory of political representation as articulated by the fourteenth-century Italian thinker, Marsilius. It combines historical research on Marsilius with an analysis of the contemporary theory of representative democracy. Modern theorization of political representation identifies the relation between the represented and the representative as a central theme. In order to assess how a representative system can reasonably be expected to operate for the benefit of the whole people, political representation must be understood through a comprehensive conception of the political process as a whole. To this end, Marsilius provides us with a perspective from which to examine the philosophical foundations of political representation and to reconsider the nature and significance of political representation - that is, an understanding of political representation in terms of the transfer of power. This book suggests that in modern democratic societies where the people effectively cease to be a political agent and their formal authority becomes increasingly notional, Marsilius' conception of political representation, which rejects the depoliticisation and deauthorisation of ordinary citizens, has much to offer. It can, in principle, offer a coherent alternative approach to building political representation as an effective scheme of public action for all.
This book provides a needed overview of the scholarship on medieval public culture and popular movements such as the Peace of God, heresy, and the crusades and illustrates how a changing sense of the populus, the importance of publics and public opinion and public spheres was influential in the evolution of medieval cultures. Public opinion did play an important role, even in the Middle Ages; it did not wait until the era of modern history to do so. Using modern research on such aspects of culture as textual communities, large and small publics, cults, crowds, rumor, malediction, gossip, dispute resolution and the European popular revolution, the author focuses on the Peace of God movement, the era of Church reform in the tenth and eleventh centuries, the rise and combat of heresy, the crusades, and the works of fourteenth-century political thinkers such as Marsiglio of Padua regarding the role of the populus as the basis for the analysis. The pattern of changes reflected in this study argues that just as in the modern world the simplistic idea of “the public‎” was a phantom. Instead there were publics large and small that were influential in shaping the cultures of the era under review.
Political theory professor Stuart Elden explores the history of land ownership and control from the ancient to the modern world in The Birth of Territory. Territory is one of the central political concepts of the modern world and, indeed, functions as the primary way the world is divided and controlled politically. Yet territory has not received the critical attention afforded to other crucial concepts such as sovereignty, rights, and justice. While territory continues to matter politically, and territorial disputes and arrangements are studied in detail, the concept of territory itself is often neglected today. Where did the idea of exclusive ownership of a portion of the earth’s surface come from, and what kinds of complexities are hidden behind that seemingly straightforward definition? The Birth of Territory provides a detailed account of the emergence of territory within Western political thought. Looking at ancient, medieval, Renaissance, and early modern thought, Stuart Elden examines the evolution of the concept of territory from ancient Greece to the seventeenth century to determine how we arrived at our contemporary understanding. Elden addresses a range of historical, political, and literary texts and practices, as well as a number of key players—historians, poets, philosophers, theologians, and secular political theorists—and in doing so sheds new light on the way the world came to be ordered and how the earth’s surface is divided, controlled, and administered. “The Birth of Territory is an outstanding scholarly achievement . . . a book that already promises to become a ‘classic’ in geography, together with very few others published in the past decades.” —Political Geography “An impressive feat of erudition.” —American Historical Review
This open access book examines the ways that consent operates in contemporary culture, suggesting it is a useful starting point to respectful relationships. This work, however, seeks to delve deeper, into the more complicated aspects of sexual consent. It examines the ways meaningful consent is difficult, if not impossible, in relationships that involve intimate partner violence or family violence. It considers the way vulnerable communities need access to information on consent. It highlights the difficulties of consent and reproductive rights, including the use (and abuse) of contraception and abortion. Finally, it considers the ways that young women are reshaping narratives of sexual assault and consent, as active agents both online and offline. Though this work considers victimisation, it also pays careful attention to the ways vulnerable groups take up their rights and understand and practice consent in meaningful ways.
Drawing upon David Hume's observation that, on the one hand people readily submit to authority, while on the other hand, authority depends on their opinion, Keepers of the Common Good examines the intricate interplay between opinion and submission to authority. The author proposes and develops a novel social understanding of constitutional authority and the place of the people. Analysing selected episodes of rebellion throughout history, the book traces the relationship between the people and the officials who govern. From the peasants of Gagliano who rejected the Italian state as illegitimate, to a wealth of rebellions in English history, the book builds on the social foundation earlier eloquently expressed as 'peoples precede nations'. In developing this idea, the author identifies, first, a lower register of constitutional discourse and ideas that emerge naturally within communities, and then, secondly, an upper register that gives meaning and justification to the prevailing constitutional order. By examining both registers, the book reveals their foundations, upon which an illuminating account of social relations between rulers and the ruled, officials, and the people is constructed. The book then identifies three distinct forms of rule: princely rule, people ruling themselves, and rule by representatives. After evaluating each model's explanatory power in explaining how people experience and influence the constitutional field, a fourth model of rule is proposed: the keeper's model. This model is used to explain the place and practice of the people in modern constitutional systems, broadly considered democratic. Although the book is not a study of democracy, a fresh and realistic understanding emerges from the keeper's model of the place of the people within the constitutional field.
This volume deals with the development of moral and political philosophy in the medieval West. Professor Nederman is concerned to trace the continuing influence of classical ideas, but emphasises that the very diversity and diffuseness of medieval thought shows that there is no single scheme that can account for the way these ideas were received, disseminated and reformulated by medieval ethical and political theorists.
This book disassembles the moral assessment of business practices into its constituent parts to identify and clarify the four key concepts that form the basis of important moral disagreements in business: ‘personhood,’ ‘ownership,’ ‘harm,’ and ‘consent.’ ‘Moral bottom lines’ are those fundamental concepts in business ethics that ultimately account for our most resilient moral claims and unsurpassable convictions, and exploring them provides essential insights into the grounds on which we disagree in business ethics. This analysis is useful for students in business school looking to understand fundamental moral disagreements in business and for practitioners interested in connecting practice with their own moral intuitions. The book also challenges scholars of business ethics by arguing that we can reduce business ethics disagreements to these four issues. "This is the most refreshing book on business ethics to appear in a long time. By focusing on 'personhood,' 'ownership,' 'harm,' and 'consent,' Eabrasu brings a new level of clarity and insight into disagreements on business ethic issues. Rather than reaching for an artificial utopian resolution, he embraces the challenge of explaining why we disagree. This is a must-read for serious business ethic scholars."Nicolas CapaldiLoyola University New OrleansLegendre-Soulé Distinguished Chair in Business Ethics
Part One examines the late medieval northern Italian city-state republics and the humanist depiction of their form of polity. Part Two reviews the legal (principally canonical) and political thought behind the development of a theory of popular consent and limited authority employed to resolve the Great Schism in the Western church. Part Three describes sixteenth-century Spanish neoscholastic political writings and their application to Reformation Europe and Spanish colonial expansion in the New World. Part Four examines the political thought of some of those who responded to new problems in church/state relations caused by the fracturing of medieval Christendom in the West: Luther, Calvin, and other Reformation writers; the Protestant resistance pamphleteers; and Richard Hooker. Featuring an extensive bibliography, From Personal Duties towards Personal Rights will be of specific interest to intellectual historians as well as historians of political ideas and political theories and students in history, political science, and religious studies.