Medieval Law and the Foundations of the State

Author: Alan Harding

Publisher: Oxford University Press on Demand

ISBN: 019821958X

Category: Law

Page: 392

View: 5212

The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systemsfor the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators inthe wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.

States of War

Enlightenment Origins of the Political

Author: David William Bates

Publisher: Columbia University Press

ISBN: 0231528663

Category: Political Science

Page: 272

View: 1036

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

The Rule of the Clan

What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom

Author: Mark S. Weiner

Publisher: Farrar, Straus and Giroux

ISBN: 1466836385

Category: Political Science

Page: 272

View: 526

A revealing look at the role kin-based societies have played throughout history and around the world A lively, wide-ranging meditation on human development that offers surprising lessons for the future of modern individualism, The Rule of the Clan examines the constitutional principles and cultural institutions of kin-based societies, from medieval Iceland to modern Pakistan. Mark S. Weiner, an expert in constitutional law and legal history, shows us that true individual freedom depends on the existence of a robust state dedicated to the public interest. In the absence of a healthy state, he explains, humans naturally tend to create legal structures centered not on individuals but rather on extended family groups. The modern liberal state makes individualism possible by keeping this powerful drive in check—and we ignore the continuing threat to liberal values and institutions at our peril. At the same time, for modern individualism to survive, liberals must also acknowledge the profound social and psychological benefits the rule of the clan provides and recognize the loss humanity sustains in its transition to modernity. Masterfully argued and filled with rich historical detail, Weiner's investigation speaks both to modern liberal societies and to developing nations riven by "clannism," including Muslim societies in the wake of the Arab Spring.

The Shaping of Western Civilization

From Antiquity to the Present

Author: Michael Burger

Publisher: University of Toronto Press

ISBN: 1442694092

Category: History

Page: 512

View: 5812

Michael Burger's goal in this inexpensive overview is to provide a brief, historical narrative of Western civilization. Not only does its length and price separate this text from the competition, but its no-frills, uncluttered format and well-written, one-authored approach make it a valuable asset for every history student. The Shaping of Western Civilization begins with the ancient Near East and ends with globalization. Unlike other textbooks that pile on dates and facts, Shaping is a more coherent and interpretive presentation. Burger's skills as writer and synthesizer will enable students to obtain the background required to ask meaningful questions of primary sources. In addition to suggestions for further reading, this overview includes over 50 images and 22 maps.

The Shaping of Western Civilization, Volume I

From Antiquity to the Mid-Eighteenth Century

Author: Michael Burger

Publisher: University of Toronto Press

ISBN: 1442607580

Category: History

Page: 352

View: 7195

Michael Burger's goal in this inexpensive overview is to provide a brief, historical narrative of Western civilization. Not only does its length and price separate this text from the competition, but its no-frills, uncluttered format and well-written, one-authored approach make it a valuable asset for every history student. The Shaping of Western Civilization: From Antiquity to the Mid-Eighteenth Century begins with the ancient Near East and ends with the mid-eighteenth century. Unlike other textbooks that pile on dates and facts, Shaping is a more coherent and interpretive presentation. Burger's skills as writer and synthesizer will enable students to obtain the background required to ask meaningful questions of primary sources. In addition to suggestions for further reading, this overview includes over 40 images and 14 maps.

Trust

A History

Author: Geoffrey Hosking

Publisher: OUP Oxford

ISBN: 0191022829

Category: History

Page: 256

View: 4119

Today there is much talk of a 'crisis of trust'; a crisis which is almost certainly genuine, but usually misunderstood. Trust: A History offers a new perspective on the ways in which trust and distrust have functioned in past societies, providing an empirical and historical basis against which the present crisis can be examined, and suggesting ways in which the concept of trust can be used as a tool to understand our own and other societies. Geoffrey Hosking argues that social trust is mediated through symbolic systems, such as religion and money, and the institutions associated with them, such as churches and banks. Historically these institutions have nourished trust, but the resulting trust networks have tended to create quite tough boundaries around themselves, across which distrust is projected against outsiders. Hosking also shows how nation-states have been particularly good at absorbing symbolic systems and generating trust among large numbers of people, while also erecting distinct boundaries around themselves, despite an increasingly global economy. He asserts that in the modern world it has become common to entrust major resources to institutions we know little about, and suggests that we need to learn from historical experience and temper this with more traditional forms of trust, or become an ever more distrustful society, with potentially very destabilising consequences.

Foundations of Public Law

Author: Martin Loughlin

Publisher: OUP Oxford

ISBN: 0191648183

Category: Law

Page: 528

View: 3873

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.

The Idea of Natural Rights

Studies on Natural Rights, Natural Law, and Church Law, 1150-1625

Author: Brian Tierney

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802848543

Category: Law

Page: 380

View: 4731

This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

Artifacts from Medieval Europe

Author: James B. Tschen-Emmons

Publisher: ABC-CLIO

ISBN: 1610696220

Category: Art

Page: 321

View: 5427

Using artifacts as primary sources, this book enables students to comprehensively assess and analyze historic evidence in the context of the medieval period. • Provides a single-volume resource for using medieval artifacts to better understand the long-ago past • Supplies images of artifacts with detailed descriptions, explanations of significance, and a list of sources for more information, which help students learn how to effectively analyze primary sources • Presents a virtual window into many different aspects of medieval society and life, including particular activities or roles—such as farming, weaving, fashion, or being a mason or a knight • Includes sidebars within selected entries that explain key terms and concepts and supply excerpts from contemporary sources

A History of European Law

Author: Paolo Grossi

Publisher: John Wiley & Sons

ISBN: 9781444319255

Category: History

Page: 224

View: 8756

This book explores the development of law in Europe from its medieval origins to the present day, charting the transformation from law rooted in the Church and local community towards a recognition of the centralised, secular authority of the state. Shows how these changes reflect the wider political, economic, and cultural developments within European history Demonstrates the diversity of traditions between European states and the possibilities and limitations in the search for common European values and goals

The Foundations of Sovereignty and Other Essays

Author: Harold Joseph Laski

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773308

Category: Law

Page: 317

View: 2353

Laski, Harold J. The Foundations of Sovereignty and Other Essays. New York: Harcourt, Brace and Company, 1921. xi, 317 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044372. ISBN 1-58477-330-8. Cloth. $80. * This influential study develops aspects of his theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity, but is rather one association among many that must compete for the people's loyalty and obedience.

Parochialism, Cosmopolitanism, and the Foundations of International Law

Author: M. N. S. Sellers

Publisher: Cambridge University Press

ISBN: 0521518024

Category: Law

Page: 288

View: 4893

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

Kingship and Law in the Middle Ages

Studies

Author: Fritz Kern

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477570X

Category: History

Page: 250

View: 5966

A Classic Study of Early Constitutional Law. First published in 1914, this is one of the most important studies of early constitutional law. Kern observes that discussions of the state in the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount. Were they those of the ruler or the people? Kern locates the origins of this debate, which has continued to the twentieth century, in church doctrine and the history of the early German states. He demonstrates that the interaction of "these two sets of influences in conflict and alliance prepared the ground for a new outlook in the relations between the ruler and the ruled, and laid the foundations both of absolutist and of constitutional theory" (4). "[A] pioneering and classic study." --Norman F. Cantor, Inventing the Middle Ages, 106. Fritz Kern [1884-1950] was a professor, journalist and state official. From 1914 to 1918 he worked for the Foreign Ministry and the General Staff in Berlin. One of the leading medieval historians of his time, his works include Die Anfange der Franzosischen Ausdehnungspolitik bis zum Jahr 1308 (1910) and Recht und Verfassung im Mittelalter (1919)."

The Historical Foundations of the Law Relating to Trade-marks

Author: Frank Isaac Schechter

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477035X

Category: Law

Page: 211

View: 993

Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65.* What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

The Foundations of the Arab State

Author: Ghassan Salame

Publisher: Routledge

ISBN: 1136877096

Category: Social Science

Page: 272

View: 5872

The Foundations of the Arab State deals with the conceptual, historical, and cultural environment in which the contemporary Arab state system was established and has evolved. With contributions from established scholars in the field, this volume addresses the major issues posed by the emergence of contemporary Arab states, by their consolidation, the role played by foreign powers in their creation, and their future within the region.

The Foundations of Modern Science in the Middle Ages

Their Religious, Institutional and Intellectual Contexts

Author: Edward Grant

Publisher: Cambridge University Press

ISBN: 9780521567626

Category: Science

Page: 247

View: 9487

This 1997 book views the substantive achievements of the Middle Ages as they relate to early modern science.

Foundations of Political Economy

Some Early Tudor Views on State and Society

Author: Neal Wood

Publisher: Univ of California Press

ISBN: 9780520913448

Category: History

Page: 332

View: 1291

Conventional wisdom claims that the seventeenth century gave birth to the material and ideological forces that culminated in the Industrial Revolution and the rise of capitalism. Not true, according to Neal Wood, who argues that much earlier reformers—Dudley, Starkey, Brinklow, Latimer, Crowley, Becon, Lever, and Thomas Smith, as well as the better-known More and Fortescue—laid the groundwork by fashioning an economic conception of the state in response to social, economic and political conditions of England. Wood's innovative study of these early Tudor thinkers, who upheld the status quo yet condemned widespread poverty and suffering, will interest historians, political scientists, and social and political theorists.

The Police Power

Patriarchy and the Foundations of American Government

Author: Markus Dirk Dubber

Publisher: Columbia University Press

ISBN: 9780231132077

Category: Law

Page: 268

View: 7534

Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police -- the most expansive and least limitable of governmental powers -- by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

The Foundations of Modern Political Thought: Volume 2, The Age of Reformation

Author: Quentin Skinner

Publisher: Cambridge University Press

ISBN: 9780521294355

Category: History

Page: 414

View: 5566

A two-volume study of political thought from the late thirteenth to the end of the sixteenth century, the decisive period of transition from medieval to modern political theory. The work is intended to be both an introduction to the period for students, and a presentation and justification of a particular approach to the interpretation of historical texts. Quentin Skinner gives an outline account of all the principal texts of the period, discussing in turn the chief political writings of Dante, Marsiglio, Bartolus, Machiavelli, Erasmus and more, Luther and Calvin, Bodin and the Calvinist revolutionaries. But he also examines a very large number of lesser writers in order to explain the general social and intellectual context in which these leading theorists worked. He thus presents the history not as a procession of 'classic texts' but are more readily intelligible. He traces by this means the gradual emergence of the vocabulary of modern political thought, and in particular the crucial concept of the State. We are given an insight into the actual processes of the formation of ideologies and into some of the linkages between political theory and practice. Professor Skinner has been awarded the Balzan Prize Life Time Achievement Award for Political Thought, History and Theory. Full details of this award can be found at http://www.balzan.it/News_eng.aspx?ID=2474

The Foundations of European Private Law

Author: Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1847318339

Category: Law

Page: 648

View: 9271

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.