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This monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression 'dominus mundi', following it through the texts of the medieval jurists – the Glossators and Post-Glossators – up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also offers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues “that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoulé – repressed – a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place.” In making this argument, the book adds an important original vision to current debates in legal and political philosophy.
This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
This volume brings together a rich and varied collection of essays by Gilles Quispel (1916-2006), Professor of the History of the Early Church at Utrecht University from 1951 until his retirement in 1983. During his illustrious career, Professor Quispel was also visiting Professor at Harvard University in 1964/65, and visiting Professor at the Catholic University of Leuven from 1969 until 1974. The fifty essays collected in this volume testify to most of the prominent themes from Professor Quispela (TM)s scholarly career: the writings of the Nag Hammadi library in general and the "Gospel of Thomas" in particular; Tatiana (TM)s "Diatessaron" and its influences; the "Hermetica"; Mani and Manichaeism; the Jewish origins of Gnosticism; and Gnosis and the future of Christianity. This volume also makes a number of his less known earlier publications (mainly presented under the heading a ~Catholicaa (TM)) available to the international community. Until shortly before he died, Professor Quispel remained active in his study of the "Gospel of Thomas." He had been one of the first to acquire the Coptic text of the "Gospel of Thomas," of which he published the first translation in 1959 and his final translation in 2005. He was also active in researching the "Diatessaron," and Valentinus a ~the Gnostica (TM). One of his most recent essays a " published for the first time in this volume a " is on a ~the Muslim Jesus.a (TM)
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
Empire is an evocative, yet little examined, word. It can mean the domination of vast territories, a Christian world order, a corrupt form of government, or a humanitarian endeavour. Historians relegate the concept of empire to the pre-modern world, identifying the state as the characteristic political form of the modern world. This book examines the range of meanings attributed to the concept of empire in the medieval and early modern world, demonstrating how the concepts of empire and state developed in parallel, not sequentially.
This volume investigates interdisciplinary intersections between law and the humanities from the Renaissance to the present day. It allows for fruitful encounters between different disciplines: from literature to science, from the visual arts to the post-human, from the postmodern novel’s experimentation to most recent approaches towards the legal interpretation of literary texts. This productive dialogue fosters original perspectives in the interpretation of and reflection upon identity, justice, power and human rights and values, thus underlining the role of literature in the articulation of relevant cultural issues pertaining to specific periods.
'I study power' - so Robert Louis Benson described his work as a scholar of medieval history. This volume unites papers by a number of his students dealing with matters central to Benson's historical interests - ecclesiastical institutions and administration, emperorship and papacy, canon law, political ideology, and historiography. The justification and exercise of political power is considered in two chapters that look at how the hagiography of a late Roman military saint, Maurice, was harnessed in the 11th century to the discussion of the power exercised by both emperor and pope, and how both pious purpose and political pretext animated the Hohenstaufen emperors' suppression of heresy. Three subsequent chapters focus on the Church: a study of the legal commentaries that taught that the 'authority to bind and loose' in a specific ecclesiastical matter could be determined by the opinions of 'the elders of the province'; an argument that Innocent III's administration of the Roman church represented a model for the ordering of all Christian society; and an inquiry into the doctrinal formation of the 'territorial principle' in the exercise of jurisdiction by papal legates. The late Middle Ages provides the focus for two additional studies, namely an exploration of the issues of power and authority in the charitable institutions of Cologne in the 13th-14th centuries, and the argument that the current desire for universal standards of governmental conduct in the area of basic human rights hearkens back to natural law theory as outlined in the 15th century by Nicholas of Cusa. Two historiographical studies round out the volume: an estimation of modern research regarding the political theology of late antiquity, and a reflection on Benson's own contribution to historical scholarship. Together, these papers both epitomize and further develop Benson's distinctive approach to the study of the Middle Ages, while themselves making their own important contribution.
Via rigorous study of the legal arguments Spain developed to justify its acts of war and conquest, The Other Side of Empire illuminates Spain's expansionary ventures in the Mediterranean in the late fifteenth and early sixteenth centuries. Andrew Devereux proposes and explores an important yet hitherto unstudied connection between the different rationales that Spanish jurists and theologians developed in the Mediterranean and in the Americas. Devereux describes the ways in which Spaniards conceived of these two theatres of imperial ambition as complementary parts of a whole. At precisely the moment that Spain was establishing its first colonies in the Caribbean, the Crown directed a series of Old World conquests that encompassed the Kingdom of Naples, Navarre, and a string of presidios along the coast of North Africa. Projected conquests in the eastern Mediterranean never took place, but the Crown seriously contemplated assaults on Egypt, Greece, Turkey, and Palestine. The Other Side of Empire elucidates the relationship between the legal doctrines on which Spain based its expansionary claims in the Old World and the New. The Other Side of Empire vastly expands our understanding of the ways in which Spaniards, at the dawn of the early modern era, thought about religious and ethnic difference, and how this informed political thought on just war and empire. While focusing on imperial projects in the Mediterranean, it simultaneously presents a novel contextual background for understanding the origins of European colonialism in the Americas.