Dominus Mundi

Dominus Mundi

Author: Pier Giuseppe Monateri

Publisher: Bloomsbury Publishing

Published: 2018-09-06

Total Pages: 360

ISBN-13: 1509911766

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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.


Dominus Mundi

Dominus Mundi

Author: Pier Giuseppe Monateri

Publisher: Bloomsbury Publishing

Published: 2018-09-06

Total Pages: 211

ISBN-13: 1509911774

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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.


The Limits of History

The Limits of History

Author: Constantin Fasolt

Publisher: University of Chicago Press

Published: 2013-09-03

Total Pages: 349

ISBN-13: 022611564X

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History casts a spell on our minds more powerful than science or religion. It does not root us in the past at all. It rather flatters us with the belief in our ability to recreate the world in our image. It is a form of self-assertion that brooks no opposition or dissent and shelters us from the experience of time. So argues Constantin Fasolt in The Limits of History, an ambitious and pathbreaking study that conquers history's power by carrying the fight into the center of its domain. Fasolt considers the work of Hermann Conring (1606-81) and Bartolus of Sassoferrato (1313/14-57), two antipodes in early modern battles over the principles of European thought and action that ended with the triumph of historical consciousness. Proceeding according to the rules of normal historical analysis—gathering evidence, putting it in context, and analyzing its meaning—Fasolt uncovers limits that no kind of history can cross. He concludes that history is a ritual designed to maintain the modern faith in the autonomy of states and individuals. God wants it, the old crusaders would have said. The truth, Fasolt insists, only begins where that illusion ends. With its probing look at the ideological underpinnings of historical practice, The Limits of History demonstrates that history presupposes highly political assumptions about free will, responsibility, and the relationship between the past and the present. A work of both intellectual history and historiography, it will prove invaluable to students of historical method, philosophy, political theory, and early modern European culture.


Sovereignty

Sovereignty

Author: Cornel Zwierlein

Publisher: BRILL

Published: 2024-10-23

Total Pages: 431

ISBN-13: 9004218629

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Was the emperor as sovereign allowed to seize the property of his subjects? Was this handled differently in late medieval Roman law and in the practice and theory of zabt in Mughal India? How is political sovereignty relating to the church ́s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ́corporation ́ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ́sovereignty ́ in early modern Japan? The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law. Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.


Empire and Order

Empire and Order

Author: J. Muldoon

Publisher: Springer

Published: 1999-08-19

Total Pages: 218

ISBN-13: 0230512232

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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.


Astraea

Astraea

Author: Frances Amelia Yates

Publisher: Taylor & Francis

Published: 1999

Total Pages: 302

ISBN-13: 9780415220484

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First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.


The Law's Ultimate Frontier: Towards an Ecological Jurisprudence

The Law's Ultimate Frontier: Towards an Ecological Jurisprudence

Author: Horatia Muir Watt

Publisher: Bloomsbury Publishing

Published: 2023-05-18

Total Pages: 367

ISBN-13: 150994012X

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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.


Political Representation in the Later Middle Ages

Political Representation in the Later Middle Ages

Author: Hwa-Yong Lee

Publisher: Peter Lang

Published: 2008

Total Pages: 234

ISBN-13: 9780820495316

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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.


The Grand Strategy of Comparative Law

The Grand Strategy of Comparative Law

Author: Luca Siliquini-Cinelli

Publisher: Taylor & Francis

Published: 2024-04-19

Total Pages: 330

ISBN-13: 1040008631

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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.


Schopenhauer's Compass

Schopenhauer's Compass

Author: Urs App

Publisher: UniversityMedia

Published: 2014-09-09

Total Pages: 363

ISBN-13: 3906000036

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Schopenhauer was the first major Western philosopher with a deep interest in Asian philosophies and religions. His favorite book was a Latin version of the Indian Upanishads—the Oupnek'hat—that he used to call the consolation of his life and death. Urs App explains in this book for the first time why Schopenhauer regarded this work as the most excellent in the world, how it is connected with the birth of his philosophy, and what caused him to list it even ahead of Plato and Kant as his major inspiration. This groundbreaking new introduction to Schopenhauer's thought and its genesis explains the role of Indian, Persian (Sufi), Neoplatonic, and mystical ideas as well as meditative states ("better consciousness"). But its focus lies firmly on the central dynamic at the heart of Schopenhauer's entire work: the inner compass that gave it is overall direction.