Law and Sovereignty in the Middle Ages and the Renaissance

Law and Sovereignty in the Middle Ages and the Renaissance

Author: Robert Stuart Sturges

Publisher: Brepols Publishers

Published: 2011

Total Pages: 0

ISBN-13: 9782503533094

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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.


Kingship and Law in the Middle Ages

Kingship and Law in the Middle Ages

Author: Fritz Kern

Publisher: The Lawbook Exchange, Ltd.

Published: 2013-07

Total Pages: 246

ISBN-13: 158477570X

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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 Anfänge der Französischen Ausdehnungspolitik bis zum Jahr 1308 (1910) and Recht und Verfassung im Mittelalter (1919).


Origins of Legislative Sovereignty and the Legislative State

Origins of Legislative Sovereignty and the Legislative State

Author: A. London Fell

Publisher: Praeger

Published: 1983

Total Pages: 520

ISBN-13:

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This book is the fourth in a projected eight-volume series that addresses the origins and development of the idea of legislative sovereignty and the legislative state. A. London Fell's study, which traces ideas and contributions from the Renaissance thinker and legal scholar Corasius to the present, has been praised by such scholars as J. Russell Major in American Historical Review and Dennis M. Patterson in The American Political Science Review. In this volume, the focus is on ancient, medieval, and early modern Europe, as Fell charts the overall patterns of historiographical debates in modern discussion on the origins of legislation, public law, sovereignty, and the state. The work begins with a brief introduction, and is followed by six sections that cover the different periods and geographical aspects of the topic from a historiographical perspective. Section one proceeds chronologically throughout the entire spectrum of early Europe, from the ancient and medieval periods, through the Renaissance and Reformation, to post-sixteenth-century developments. In each case, the theories that attribute the origins of state to that period are thoroughly examined. In sections two through six, the study proceeds on a nation-by-nation basis, focusing in each case first on the Middle Ages and then on the Renaissance. The nations covered include Italy, France, England, Germany, Spain, and the Netherlands. The study concludes with a summary chapter, followed by a series of supplemental bibliographical essays that serve as an appendix to the first four volumes. Like the previous volumes in the series, this work is a substantial contribution to the study of jurisprudence and political theory, and will be an important reference source for students and professors of history, law, and political science, as well as philosophy.


Medieval Sovereignty

Medieval Sovereignty

Author: Francesco Maiolo

Publisher: Eburon Uitgeverij B.V.

Published: 2007

Total Pages: 342

ISBN-13: 9059720814

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Medieval Sovereignty examines the idea of sovereignty in the Middle Ages and asks if it can be considered a fundamental element of medieval constitutional order. Francesco Maiolo analyzes the writings of Marsilius of Padua (1275/80-1342/43) and Bartolous of Saxoferrato (1314-57) and assesses their relative contributions as early proponents of popular sovereignty. Both are credited with having provided the legal justification for medieval popular government. Maiolo's cogent reconsideration of this primacy is an important addition to current medieval studies.


Reinventing the Middle Ages & the Renaissance

Reinventing the Middle Ages & the Renaissance

Author: William F. Gentrup

Publisher: Brepols Publishers

Published: 1998

Total Pages: 272

ISBN-13:

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The fourteen essays presented in this volume contribute substantially to the study of the reinvention of the Middle Ages and the Renaissance. They take an historicized approach to constructions of the past, and most address the relatively new field of Medievalism. All of them focus on how and why the present of any period uses the past to promote its own opinions, beliefs, doctrines or views. In particular, the volume demonstrates that reinventions of past eras or figures can be motivated by a nationalistic desire to create cultural 'roots', to discover origins that justify a regime or group's self-identity, to appropriate a cultural icon or neglected author for a particular political agenda, or to reflect on contemporary social issues via a remote time and place. Reworkings or adaptations of earlier culture often tell us more about the age in which they were produced than the one revived or revisited. This volume features five essays that treat medieval subjects; four focus on Tudor and Stuart figures, religion or politics; and five concentrate on nineteenth-century uses of medieval or early modern events, literary conventions, settings and themes.


The Medieval Foundations of International Law

The Medieval Foundations of International Law

Author: Dante Fedele

Publisher: BRILL

Published: 2021-04-26

Total Pages: 719

ISBN-13: 9004447121

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Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).


Periodization and Sovereignty

Periodization and Sovereignty

Author: Kathleen Davis

Publisher: University of Pennsylvania Press

Published: 2012-03-12

Total Pages: 199

ISBN-13: 0812207416

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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.