This article will examine Bellarmine’s first anti–conciliarist work, found in the Disputationes de controversiis Christianae fidei adversus huius temporis haereticos, emphasizing his theological treatment of the pope’s authority relative to the authority of a council and his repudiation of conciliarism. Bellarmine sees the conciliarists as attacking the divinely instituted Petrine structure of the Church. He does not advocate for an absolute papal monarchy in which there are no ‘constitutional’ limitations on the papacy. For Bellarmine, Christ and his Word, as (...) found in Sacred Scripture and Apostolic Tradition, have supreme authority in the Church: one which the magisterium, whether papal or conciliar, must accept in humility and pass on unsullied. Only Christ has a true fullness of power; the pope has a fullness only relative to that of the bishops. Nevertheless, Christ immediately instituted the pope as the supreme head of the Church on earth, and as such, the pope has supreme ecclesiastical power over the whole Church on earth. Lastly, the article examines Bellarmine’s position on papal heresy. (shrink)

The idea that the Leviathan frontispiece offers a visual summary of the contents of the work is widespread. However, the analysis of the frontispiece often under-explores Leviathan's text or leaves certain iconographic elements aside. In discussions of the Scholastics ‘Dilemma’ emblem, for instance, the image is commonly reduced to a representation of ‘logic’ or ‘scholasticism’, leaving aside the intricate interrelationship between the objects present in the image and their connection with the content of the book. This paper argues that this (...) image helps understanding Hobbes’ critique of Scholastic doctrines and their political effects in Leviathan. For Hobbes, these supposedly pure philosophical concepts either in logic (trident of the ‘Syllogism’) or metaphysics (‘Real/Intentional’ bident) hide a central part of Scholastic thought: a ‘seditious’ political conception claiming that the Pope has an indirect right to temporal power in affairs concerning spiritual matters theory (‘Spiritual/Temporal’ and ‘Direct/Indirect’ bidents). The Scholastic model made the common people believe that the Pope would have at least as much authority as the Sovereign. When faced with the choice between obeying either the Pope or their Civil Sovereign the subjects would find themselves in a dangerous ‘Dilemma’. (shrink)

This book reveals how the medieval papacy grew from modest beginnings into an impressive institution in the Middle Ages and deals with a wide field. It charts the history of the papacy and its relations to East and West from the 4 th to the 12 th centuries, embraces such varied subjects as law, finance, diplomacy, liturgy, and theology. The development of medieval symbolism is also discussed as are the view of eminent political scientists of the period. This re-issues reprints (...) the revised, 3rd edition of 1970. (shrink)

The aim of this paper is to present the way in which the Nicholas of Cusa understands the nature, scope and limits of papal power in the two considerations of the Priesthood in De concordantia catholica. Thus, the treatment of the Petrine office is presented separately from a monarchical perspective and from a conciliarist one. This will make it possible to clarify some common problems among the interpreters of the political thought of Nicolás de Cusa that affect the (...) coherence of the ecclesiological project. (shrink)

It is notable how some papal social encyclicals have interchangeably used the terms ' common good ' and 'human rights.' This article analyzes the papal common good teaching and its contemporary shift to include human rights. I also explore the differential nuances between the common good and the human rights. Human rights as advocated by civil societies are understood as arising from a conception of the nature of the human person. The common good has been expressed in practical (...) ways through human rights, especially the right to work and receive a just wage. The papal social encyclicals are viewed here as relevant to our contemporary world where extreme capitalism and unrestrained consumerism have led to the accumulation of wealth and power in the hands of a few people. (shrink)

The Franciscan William of Ockham (c.1285-c.1347) was the greatest theologian and philosopher of the first half of the fourteenth century. Spurred on by the activities of a papacy which he saw as destroying the very foundations of his Order, he devoted the last part of his life to examining the extent of papal power over Christians and its relationship to the secular government of people. On the Power of Emperors and Popes (1347) is his last work. Short, (...) passionate and lucid, it represents a distillation of his thought on these questions and forms an excellent and accessible introduction to his political thought as a whole. The extensive new annotations to the text bring to light the range of sources on which Ockham drew, while the new introduction places the work in its historical context and relates it to other works of medieval Franciscan political discourse. Translated here into English for the first time, the work will be of interest to all students and researchers in the field of medieval political thought. --the first English translation of Ockham's classic work, plus extensive new introduction, textual annotation, and bibliography --modern editorial apparatus connects the work with the whole body of Ockham's political thought --the new annotation provides historical and intellectual context and translations of Ockham's source references. (shrink)

The notion of a distinct 'executive power' was famously employed by Locke and Montesquieu; but the term potestas executiva, coined by medieval canonists, had been adopted by the early sixteenth-century theologian Cajetan, who located it as regimen medium in his defence of papal power against a revived 'conciliarist' challenge. The distinction between legislative sovereignty and a power effectively executive was used in post- Reformation political controversy and in Bodin's République. From those beginnings it was developed by (...) mid-seventeenth-century writers, from whom it passed to Locke; and the concept of the executive as a 'mediating' power was notably echoed by Rousseau. (shrink)

The aim of this article is to analyze Book III of Bernard of Clairvaux 's treatise De consideratione dedicated to his former disciple, the Pope Eugenius IIL In this particular Book, Bernard considers, on the one hand, the principal duties of the Roman Pontíff concerning spiritual affairs and, on the other reflects about the main problems that at the time were prejudicial of the good order as well as of the religious and moral life and peace expected in the interior (...) of the Ecclesia/Christianitas. The author of the article infers from this analysis that the Doctor Mellífiuous clearly supports the thesis that the Pope must not exercise the fullness of power in spiritualibus (much less in temporalibus), even though there were reasons that could justífy actions of this kind, because they do not have a basis in Scripture nor in Justice; neither does it consider the utility it might have for the faithful, or their sense of decency. The article also underlines the importance and the posterior reception of this Book III in the political writings of William of Ockham and of Marsilius of Padua against the pontifical hierocracy during the first half of the XIV century. (shrink)

This article examines humanist works written in the immediate aftermath of Stefano Porcari's failed conspiracy against Pope Nicholas V. While they were designed to flatter the pope and support papal claims to temporal power, these works use images and adopt rhetorical startegies that are republican and not, as one would expect, imperial in origin. The humanists were so devoted not only to classical form, but also to Roman republican ideals that they sometimes present Porcari positively, have heroes of (...) the Roman republic comment on the modern papacy, and construct a strained theory of papal liberty. (shrink)

What makes political power legitimate? Without legitimation, subjects will not accept power, and, since religion permeated medieval society, religion became foundational to philosophical legitimations of political power. In 2013, the XIX Annual Colloquium of the International Society for the Study of Medieval Philosophy took place in Alcalá de Henares, one of the medieval centers of political debate within and between Jewish, Christian and Muslim communities. The members of these communities all shared the common belief that God constitutes (...) the remote or proximate cause of legitimation. Yet, beyond this common belief, they differed significantly in their points of departure and how their arguments evolved. For instance, the debate among Western Christians in the conflict between secular power and Papal authority sowed the seeds for a secular basis of legitimacy. The volume reflects the results of the colloquium. Many contributions focus on key Christian thinkers such as Marsilius of Padua, Thomas Aquinas, John Quidort of Paris, Giles of Rome, Dante, and William of Ockham; other studies focus on major authors from the Jewish and Muslim traditions, such as Maimonides and Alfarabi. Finally, several papers focus on lesser-known but no less important figures for the history of political thought: Manegold of Lautenbach, Ptolemy of Lucca, Guido Terrena, John of Viterbo, Pierre de Ceffons, John Wyclif and Pierre de Plaoul. The contributions rely on original texts, giving the readers a fresh insight into these issues. (shrink)

As a representative of the papacy Bellarmine was an extremely moderate one. In fact Sixtus V in 1590 had the first volume of his Disputations placed on the Index because it contained so cautious a theory of papal power, denying the Pope temporal hegemony. Bellarmine did not represent all that Hobbes required of him either. On the contrary, he proved the argument of those who championed the temporal powers of the Pope faulty. As a Jesuit he tended to (...) maintain the relative autonomy of the state, denying the temporal powers ascribed by radical papalists and Augustinians. Their argument was generally framed as a syllogism: Christ, who possessed direct temporal power as both God and man, exercised it on earth; the Pope is the vicar of Christ; therefore the Pope possesses and may exercise direct temporal jurisdiction. Bellarmine simply denied that Christ had exercised the temporal power, which as God, it is true, he possessed. Moreover, he drew up and circulated a list of patristic passages collected under the title De Regno Christi quale sit, to prove to the Pope the orthodoxy of his position. (shrink)

A teoria política medieval possui uma singularidade, pois trata de “dois poderes” distintos – reino e o sacerdócio –, sendo necessário definir como se dão as relações entre eles. Durante o debate entre Bonifácio VIII e Filipe, o Belo, foi importante a obra de João Quidort. Ele criticou a teoria da plenitude do poder, atribuída pelos curialistas ao papa, e procurou mostrar a diferença entre os modos de causalidade que explicam cada um dos dois poderes. PALAVRAS-CHAVE – Teoria política medieval. (...) Dois poderes. Plenitude do poder. João Quidort. Egídio Romano. ABSTRACT The medieval political theory has a singularity, for it deals with two distinct powers – kingdom and priesthood –, and it is necessary to define how the relations between these powers are given. During the debate between Boniface VIII and Philip, the Fair, the works of John Quidort was important. He criticized the theory of plentitude of power, which was held by the curialists to the pope, and aimed to show the difference between the manners of causality that explained each of the two powers. KEY WORDS – Medieval political theory. Two power. Plentitude of power. John Quidort. Giles of Rom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Popular Autonomy and Imperial Power in Bartolus of Saxoferrato:An Intrinsic ConnectionFloriano Jonas CesarI. IntroductionBartolus of Saxoferrato is well known because of his ideas on the autonomy of the populus or civitas.1 He asserts that the populus can claim autonomous jurisdiction as a result not only of imperial concession but also of prescription, custom, or even eventual use on the ground of a de facto situation. Thus, the populus (...) needs no authorization from a superior, not even the emperor, to make its own laws. The idea of an autonomous populus did not originate with Bartolus, however. Marsilius of Padua had already worked out a quite developed theory about the authority of the whole body of the citizens to legislate.2 As opposed to the Aristotelian Marsilius, however, Bartolus bases his opinion about the populus essentially on the Corpus Iuris,3 though he knew at least the Politics and the Ethics too.4 What is important is not whether his knowledge of Aristotle [End Page 369] was immediate or through Giles of Rome's De Regimine Principum but that he proves his ideas basically by showing that they agree with certain authoritative texts and that he considers the Corpus Iuris, not Aristotle, as the proper authority to support his opinion on the populus.Such an emphasis on the autonomy of the civitas must not conceal the fact that, unlike Marsilius, Bartolus introduces the pope and the emperor alongside the populus as having jurisdiction of their own. Nor must the omnipresence of the Corpus Iuris hide the significance of the Bible in relation to the issue of the empire. Indeed he turns to the Scriptures not to substantiate the autonomy of the populus but to establish the divine origin of the royal (and papal) jurisdiction in general. Moreover, he uses them along with a particular interpretation of the popular origin of the empire to present the imperial jurisdiction as not subordinate to the populus.The concept of an autonomous civitas based in human premises, therefore, coexists in Bartolus with a notion of imperial power established by God, the former being inseparable from the latter, by virtue of his use of authorities. In fact Bartolus turns to the Corpus Iuris and the Scriptures not simply to illustrate but to substantiate his point of view. The authority of the Corpus Iuris, however, which supports his views on the populus, comes from the fact that emperor Justinian was its autor. But the Corpus Iuris is by the same token less authoritative than the Scriptures, whose author is God and which support the divine origin of the imperial power. Thus, working out a theory grounded on the authority of the Corpus Iuris, Bartolus also favors the base on which the imperial power was founded.The texts of interest here are the De Regimine Civitatis, De Guelphis et Gebellinis, and De Tyranno, where Bartolus more systematically presents his political ideas. In the De Regimine Civitatis he is concerned about "how many ways there are of governing a city,""which is the better way" and "which is the worst."5 The De Guelphis et Gebellinis treats both old and "recent" meanings of these nouns, whether these factions are licit, and the criteria to prove to which one belongs. At last the De Tyranno explains the origin of the word and the characteristics of the tyrant. Having discussed if there can be tyrant in a neighbourhood, household, and city, Bartolus divides the tyrants in the civitas into manifest, concealed, and tacit, and discusses whether their acts are valid. In tackling all of these issues, he turns to different sorts of proof—several authorities, including the Corpus Iuris, Scriptures, Aristotle, Giles of Rome, Gregory I, and Aquinas, as well as the jurisdictions of the populus, pope, and emperor. [End Page 370] This essay shall refer mainly to these treatises, while picking up, from other works, any additional instructive elements.Although Bartolus is particularly concerned about the de facto autonomous Italian cities in his time, his defense of their autonomy lies in arguments, and he has clear rules which define a valid form of argumentation. He generally considers that to prove a point means to show that... (shrink)

The most famous medieval controversy over the power and the temporal dominion took place between the papacy and the empire. One of the greatest advocates of the imperial domination was Marsilius of Padua, the author of an original work that demonstrated the advantage of acknowledging the emperor’s superiority over the Pope’s. The Defensor pacis, written between 1319 and 1324, was devoted to the dispute on such sovereignty issues as proving that the Pope should be subordinate to the Emperor, and (...) not vice versa. The Defensor pacis takes issue with numerous arguments and views uttered by the papal camp and uses the appropriate quotations from the Bible and Aristotle to show their weakness and inconsistency. The work comprises three parts. The first part is a description of the ideal system, i.e., an elective monarchy, with the specified role of a ruler and a clear indication of the sovereignty of the people. The second and third parts present a challenge to the arguments of the papal camp and analyze the general situation of the Church, suggesting the necessary reforms. Thus, the whole work becomes a compendium of knowledge on appropriate governance. (shrink)

In this study, based in the main political works of D. Fr. Alvarus Pelagius O. Min. (c. 1270- c.1350) we analyze his conception on the origin or efficient cause of the spiritual power and, also, his thought about the finality or final cause of the mentioned power. Referring to the first topic, the Bishop of Silves wants principally refutes some Marsilius of Padua’s thesis contained in the Second Dictio of his Defensor Pacis, completely different of the theology of (...) the catholic priesthood and their hierarchic degrees and the Peter’s Primacy. With this purpose, ad litteram, he bases, between other sources, specially, in James’ of Viterbo OSA De regimine christiano (1301). Concerning the finality of the spiritual power, on the one hand, Alvarus supports the Church’s traditional thought about this matter and, the other hand, by consequence, as member and defender of the hierocratic thought, he defends the thesis according which, in the Societas Christiana, the priests, the bishops and, principally, the Roman Pontiff hold the most important position concerning the secular rulers. (shrink)

Francisco de Vitoria (c. 1485-1546) is well-known for his philosophical contributions to natural rights and international law. However, his extensive work on the conflict between civil authority and the authority of the Catholic Church has been largely neglected by political theorists and intellectual historians. While scholars have recently recognized the significant role played by natural law in the history of political secularism, they have focused almost exclusively on the “modern” natural law theories of Hobbes, Pufendorf, and Thomasius, as opposed to (...) the “scholastic” natural law of early modern Thomists like Vitoria. This essay undertakes an analysis of Vitoria’s use of natural law theory in his approach to civil-ecclesiastical conflict. Contrary to critiques from the “modern” natural lawyers, it argues that Vitoria’s idea of natural law spearheads a forceful defence of the autonomy of civil power from ecclesiastical power. Based on his sharp distinction between the natural and the supernatural spheres of human life, Vitoria argues for a “dualist” position in which civil and ecclesiastical powers are independent and equally binding on human consciences. The essay acknowledges that Vitoria’s dualism ultimately gives way to his endorsement of papal supremacy over all Christian princes. However, this papalist conclusion does not follow from Vitoria’s natural law theory but rather from an opposing political principle: the notion of the universal Christian commonwealth. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Peacebuilding: Catholic Theology, Ethics, and Praxis ed. by Robert J. Schreiter, R. Scott Appleby, Gerard F. PowersJames W. McCarty IIIPeacebuilding: Catholic Theology, Ethics, and Praxis Edited by Robert J. Schreiter, R. Scott Appleby, and Gerard F. Powers Maryknoll, NY: Orbis Books, 2010. 480pp. $27.00Peacebuilding results from a four-year research project sponsored by the Catholic Peacebuilding Network. A wide-ranging and interdisciplinary set of fifteen essays, Peacebuilding not only brings (...) to the fore the unique ways that Roman Catholic theology and practice has contributed to the global work of peacebuilding, but it also makes the case that the Catholic Church needs to develop a more robust theology of peacebuilding to complement and strengthen traditional Catholic approaches to the ethics of war and peace. The two most bold proposals along these lines are Daniel Philpott’s call for a papal encyclical on peacebuilding (92, 120) and Maryann Cusimano Love’s proposal of “just peace” criteria for guiding peacebuilding work in a fashion similar to the way “just war” criteria have guided the conduct of war (82, 425–27).Peacebuilding is organized into two main sections. The first documents and theorizes the work of Catholic actors and organizations in peacebuilding work. In one of the most helpful essays in this section, John Paul Lederach describes how the “ubiquitous presence” of the Catholic Church in a society is, in fact, one of the most unique contributions the Church has to make to global peacebuilding. Lederach uses the phrase “ubiquitous presence” to describe the unique role Catholic “actors” play within the “pyramid approach” to peacebuilding that he develops elsewhere (see Lederach, The Moral Imagination: The Art and Soul of Peacebuilding [New York: Oxford University Press, 2005], 79). Because of its hierarchical structure, the Catholic Church—especially in Catholic-majority countries—has the potential to cultivate peacebuilding allies among different sectors of a society: the elite, “midlevel” actors, and at the grassroots level. Many other peacebuilding actors—politicians, civil society activists, and the historic peace churches, for instance—do not have such a ubiquitous presence. While Lederach has previously emphasized the importance of midlevel actors in peacebuilding, in this essay he argues that the “ubiquitous presence” of the Catholic Church [End Page 213] in a society provides a basis for making connections for peacebuilding work among a range of sectors within a society. Several of the other contributors to this book draw on this observation and demonstrate its usefulness to a variety of settings. In my estimation, this is the most important contribution of the volume.The second section consists of six essays that both expand upon existing Catholic moral theology and make the case that Catholic theology needs to develop a more robust theology of peacebuilding. Here we find a range of arguments—from Robert Schreiter’s proposal for a practical theology of reconciliation and Peter Phan’s outline of a fourfold Catholic understanding of interreligious dialogue to Kenneth Himes’s discussion of the ways peacebuilding theory challenges and complements contemporary Catholic social teaching. Himes, in particular, claims that the current acceptance of a Catholic “presumption against war” requires a more robust Catholic approach to conflict transformation; in making his case, he draws on resonances between contemporary peacebuilding theory and recent reflections on jus post bellum (justice after war) as a new category of just war thinking.As in nearly every edited collection, the quality of the essays in Peacebuilding varies. I found the essays in the first section to be the most stimulating. Not only do they highlight the peacebuilding work the Catholic Church is currently doing around the world, they also ground their proposals for how we should understand and do peacebuilding from a Catholic perspective in relevant historical examples.Indeed, the varied nature of the essays in Peacebuilding is precisely what makes it a valuable resource for both researchers and teachers of peacebuilding. On the one hand, it includes essays that break new ground and move forward our understanding of the unique nature of Catholic peacebuilding. On the other, it includes essays that introduce the topic of peacebuilding to students of religion and ethics. This book, then, serves as an excellent resource for a range... (shrink)

Neste estudo, com base nos principais escritos políticos de D. Frei Álvaro Pais O. Min. (c. 1270-c. 1350) analisamos sua concepção a respeito da origem ou causa eficiente do poder espiritual e, igualmente, seu pensamento no tocante à finalidade ou causa final do referido poder. Quanto ao primeiro tópico, o Bispo de Silves quer principalmente refutar algumas das teses de Marsílio de Pádua contidas na 2.ª Parte do seu Defensor da Paz, completamente opostas à teologia do sacerdócio católico e seus (...) graus hierárquicos e à do Primado Petrino. Para tanto, quase literalmente, haure-se, entre outras fontes, particularmente no De regimine christiano (1301) de Tiago de Viterbo OSA. Com respeito à finalidade do poder sacerdotal, de um lado, Álvaro sustenta a doutrina tradicional da Igreja a seu respeito e, de outro, em conseqüência, como partidário da hierocracia, defende a tese de que na, Societas Christiana, os detentores do poder espiritual, particularmente o Sumo Pontífice, ocupam uma posição mais eminente em relação aos governantes seculares. (shrink)

Every legitimate exercise of political power owes its very existence to Church. On the other hand, every Church power lies in papal power. Therefore, the power of the Pope himself, even in earthy matters, is a total, absolute power, sine pondere, numero et mensura, as Egidio points out. Two powers, two swords but just a unique authority: that of the Pope.

ABSTRACTThis article examines William Barclay's response to Jean Boucher's De Justa Abdicatione Henrici Tertii in view of the complexities of Catholic political thought in this post-Tridentine period. It argues that Barclay's famous category of ‘monarchomach’ is problematic for its avoidance of the issue of confessional difference, and that on questions of the relationship between the respublica and the ecclesia Barclay struggled to find an adequate response to Boucher in his De Regno et Regali Potestate. His De Potestate Papae is treated (...) as the intellectual extension of his battle with Boucher, and more broadly his confrontation with the position of the Catholic League and Jesuits on indirect papal power. By considering Barclay's works in the context of French Gallicanism and the Catholic League in the French Wars of Religion, this discussion aims to reposition Barclay in relation to other Catholic political theorists and thereby re-evaluate the category of Catholic resistance theory. (shrink)

This article examines three episodes from the Life of Gregory of Agrigento, drafted in Greek in the 9th century, in which juridical material and procedure inform the hagiographical narrative, and vice versa. It argues that both spheres depend on, and contribute to, a common ‘nomos’, an idea of the righteous, lawful and cooperative coexistence of imperial and papal power in the church of Sicily. While this coexistence is anachronistic in the hagiographer’s own times, he constructs it through the (...) narrativization of law and the juridification of narrative. (shrink)

The topic I address in this paper is whether the independence of Church and State brought about by the Lutheran Reformation tantamounted to the secularisation of the latter. Taking into account two recent essays by Harold Berman and John Witte on the Lutheran contribution to the Western legal tradition, I argue that Luther’s criticism of the catholic doctrine of Papal power came hand in hand with a theologization of the foundations of the authority of the State, which is (...) difficult to deem «secular». (shrink)

This dissertation investigates how art, truth, and politics are tightly integrated in Raphael's historical narratives in the Stanza d'Eliodoro. ;The first chapter argues for the importance of paying careful attention to pictorial structure--that close analysis of painting can make a strong contribution to the social history of art. The second chapter begins this interpretive path. It first describes the room's decorative ensemble as a whole and how the histories are located within its complex figurative scheme. Then, drawing upon Martin Heidegger's (...) analysis of postmedieval processes of Vorstellung, it defines the pictorial narratives themselves as representations and concludes that as pictorial representations these narratives appear unable to ground the truth of sacred history. ;Chapter 3 focuses on the Expulsion of Heliodorus, a mural replete with self-referential models of both its own mode of authorship and mode of reception. These self-referential cues help define what it means for the Heliodorus to be not only a pictorial representation but more extensively a work of art. It is Raphael's art of representation that shows forth and validates the metaphysical truth of papal history. ;The latter part of Chapter 3 and all of Chapter 4 offer readings of the Heliodorus as well as the three other histories--the Liberation of St. Peter, Mass at Bolsena, and Repulse of Attila--construing them as theologico-political narratives of the divinity of papal power. All four histories express at the level of narrative form the dilemma of the papacy's contemporary political trajectory only for this predicament to find imaginative "resolution" through the movement of the narrative action. This chapter expounds upon the configurations of historical time in the decorative scheme and how this projects the political unconscious of papal desire. Yet the fifth and final chapter concludes that the Eliodoro narratives are not simply collective wishfulfillments but more properly public symbols that rhetorically address a beholder so to persuade him to accept as true the papacy's desired self-image of its own historical mission. Raphael's art of representation was essential towards this end. (shrink)

Although sovereign power is often defined as transcending legal and religious norms, the work of historians like Prodi and Agamben has drawn our attention to the ways in which modern accounts of sovereignty depend fundamentally upon the fusion and transformation of these norms. In Latin Christendom, this process was enabled by the juridical quality of ecclesiastical authority, its expression through laws similar in form and structure to those of civil power. There was, however, an important strand of Catholic (...) thinking from the late-sixteenth century which emphasised the centrality of sacrifice, rather than law or jurisdiction, in creating communities. For Catholic polemicists like Rossaeus (William Reynolds) sacrifice came before law and the juridical organisation of human society was secondary to the ritual and ceremonial. This article will examine the roots of this claim in post-Tridentine discussions of the Mass as a sacrifice and will go on to show how it was used to defend the primacy of the Catholic Church, particularly in 1590s France. It will consider the impact of this argument and suggest its importance in provoking new and more powerful articulations of both royal sovereignty and papal power. (shrink)

This paper, which gives continuity to another article, analyzes the content of I Dialogus V, 14-22 and, in an appendix, presents our Portuguese translation of this excerpt. In these chapters, the Inceptor Venerabilis discusses whether St. Peter and the Roman Church possess primacy over all other apostles and churches; andwhether this primacy is granted by God himself. Ockham first presents, not ad litteram, the opinion of those who refute the thesis that Christ did not give primacy to Peter and the (...) Roman Church. Then, because this thesis fully deflates papal power, he proposes a contrary thesis based on five proofs. We conclude that Ockham’s unnamed opponent is Marsilius of Padua, whose opinions are in his Defensor Pacis. (shrink)

Theorists of Gallican liberty took as their premise the idea that France had an exceptional status amongst the national Christian churches. However, as contemporaries had noted, the precise definition of Gallican liberties remained at stake; Antoine Hotman noted in his treatise on the subject that ‘it is a strange phenomenon that everyone talks of the liberties of the Gallican Church and, most of the time, very few people know what they are and cannot account for their origins or for their (...) progress’. Within the context of French reactions to the papal excommunications of Henri III and Henri de Navarre, and reception of the Tridentine decrees, the question of how to define Gallican liberty was an extremely pertinent one. This article examines the treatment of Gallican ideas in Catholic League treatises as they negotiated a balance between arguments for Gallican independence and indirect papal power. Despite accusations from their contemporaries that they were attacking the Gallican church, Leaguer discussions of Gallican liberty frequently proved to be an integral part of the argument that Catholicity was a ‘fundamental law’ of France. (shrink)

A majestic socio-political message underlies Dante's Divine Comedy: how, in a warring Europe, could mankind create a universal peace under which humanity might fully develop its talents? In Dante and Governance, leading scholars in the field discuss major preoccupations reflected in Dante's great poem, ranging from free-will and personal responsibility to Papal power, from popular sovereignty to French imperialism, from royal justice to the role of women.

One clear indication of the increasing use of the written word in western Europe from the twelfth century onwards was the compilation of an unprecedentedly diverse and numerous body of legal texts. In part, the growing textualization of law built on earlier foundations. This was particularly true of Roman law, whose rediscovery in Italy in the late eleventh century led to a revival in the study of law. At the same time, the expansion of papal power from the (...) second half of the eleventh century accelerated the production of new collections of canon law, whose compilers sought to impose order upon a mass of written law going back to the earliest councils of the church and also to integrate contemporary additions to that law resulting from conciliar and papal legislation. Yet the diversification of legal writing also owed much to the compilation of texts of secular customary law, in both Latin and the vernacular. In some societies, such as Iceland and Scandinavia, these texts marked the beginning of written law; in others, including England, France, Germany, and, above all, Italy, where law and legislation had been written earlier in the Middle Ages, the custom of particular kingdoms or provinces was committed to writing in new forms with the compilation of coutumiers. Although their relationship to earlier Welsh legal writing is unclear, the lawbooks of medieval Wales provide a further instance of this textualization of secular custom. (shrink)

Defensor Minor follows the basic objective of the works of Marsilio de Padua: the critique of the theocratic conception of papal power. Some of the aspects here studied include the nature of power, the differences and relationships between divine law and human law and the coactive character of both.

In lieu of an abstract, here is a brief excerpt of the content:The Relationship between Theology and Canon Law: Another Context of Political Thought in the Early Fourteenth CenturyTakashi ShogimenPolitical thought and ecclesiology in the early fourteenth century have often been assessed as a series of responses to the question of the relationship between church and state. The conflict between Pope Boniface VIII and Philippe IV at the turn of the thirteenth and fourteenth centuries acutely demonstrated the conflict between the (...) spiritual and temporal powers. The conflict between Pope John XXII and the claimant to the imperial throne, Ludwig of Bavaria, also seems to have formed the historical background against which contemporary intellectuals expounded their political and ecclesiological thought. Two recent excellent textbooks on medieval political thought discussed the early fourteenth century from such a perspective and situated Marsilius of Padua and William of Ockham, along with their papalist adversaries, in this context. 1It is indeed a fair treatment of the period; however, it is not the only legitimate perspective. For instance, an alternative perspective can be developed through an examination of the Poverty Controversy between Pope John XXII and the Franciscans. This dogmatic dispute over the question of whether Christ and the apostles did not own anything individually or communally had a political dimension: it involved discussions on the nature of papal power over the church and resulted in the refinement of the idea of natural rights. 2 The dichotomy [End Page 417] between the papal and imperial camps can also mislead historical interpretation if the fact that each camp was not monolithic is overlooked. Just as Marsilius and Ockham embraced different political views in the alleged imperial camp, so the alleged papal ideologists did not always share the same views. It has even been argued that the doctrines propounded by “papalists” and “anti-papalists” were not irreconcilable but differed only in emphasis. 3 It is easy to see that the problem of Church and State is not the all-embracing concern of the period.What, then, are the possible benchmarks against which we can evaluate the political views of contemporary thinkers? This paper is intended to suggest that there is another context against which political thought and ecclesiology in the early fourteenth century may be assessed: that is, the relationship between theology and canon law. The contemporary polemicists’ view on the role that theology and canon law should play in an ecclesiastical dispute such as the Poverty Controversy largely determined their political or ecclesiological perspectives. To show this, I should like to compare, in the context of the poverty dispute, the ecclesiological views of two theologians in the so-called “papalist” and “anti-papalist” camps respectively: Guido Terreni and John Baconthorpe on the one hand, and William of Ockham and Michael of Cesena on the other. The comparison between Terreni and Baconthorpe will elucidate clearly that their contrasting attitude toward the role of canon law in contemporary ecclesiastical disputes determined the paradigms of their ecclesiologies, resulting in two entirely different ecclesiologies, save the fact that they were both aimed at defending the position of Pope John XXII on Franciscan poverty. The comparison between Ockham and Michael of Cesena will reveal how their contrasting views on the nature of the Poverty Controversy—theological or canonistic—determined not only the pattern of their defense of the Franciscan doctrine of poverty but also the development of their polemics.The relationship between theology and canon law had been a perennial problem ever since the latter had grown into an independent discipline. Scholastic theologians in the thirteenth century were critical of canon law studies. Bonaventure, for example, affirmed theology’s superiority over canon law: he wrote that theology questioned propter quid, whereas canon law enquired into [End Page 418] quia. Bonaventure, following Aristotle, asserted that there are higher and lower sciences, and what for the higher science, theology, is the conclusion of its enquiry is for the lower science, canon law, its starting point. 4 Thomas Aquinas considered that the intrusion of the decretalists into theological matters was disagreeable and ridiculous, 5 as did Roger Bacon. 6 These theologians’ comments testify to the antagonism between theologians and canonists in the thirteenth century. Lawyers, too, were fully aware of this situation, as seen... (shrink)

Studying Giles of Rome’s De ecclesiastica potestate, scholars usually focus their attention on the first part, where the Augustinian master argues in favor of his extreme theory of papal power. The present paper deals with the second part of the treatise, devoted to the relationship between the Church and temporal possessions. The main issues discussed in this part are therefore not political and ecclesiastical power, but ownership and poverty. The paper underlines in the first place the connection (...) existing between Giles of Rome’s treatment of these problems and the controversy between Secular and Mendicant clergy. Although originally a mendicant friar himself, Giles tries to avoid any interpretation of mendicant proverty that could undermine the right of the Church to exercise lordship over temporal goods. In the second place, the paper shoes how Giles’ account of the origin of private poverty is functional to his claim that the Church possesses all rights on temporal goods at the highest level. In this way, the Church is the sole authority that can grant a right of property, so that every human being depends on the Church also for his legitimate possession of temporal goods. (shrink)

Studying Giles of Rome’s De ecclesiastica potestate, scholars usually focus their attention on the first part, where the Augustinian master argues in favor of his extreme theory of papal power. The present paper deals with the second part of the treatise, devoted to the relationship between the Church and temporal possessions. The main issues discussed in this part are therefore not political and ecclesiastical power, but ownership and poverty. The paper underlines in the first place the connection (...) existing between Giles of Rome’s treatment of these problems and the controversy between Secular and Mendicant clergy. Although originally a mendicant friar himself, Giles tries to avoid any interpretation of mendicant proverty that could undermine the right of the Church to exercise lordship over temporal goods. In the second place, the paper shoes how Giles’ account of the origin of private poverty is functional to his claim that the Church possesses all rights on temporal goods at the highest level. In this way, the Church is the sole authority that can grant a right of property, so that every human being depends on the Church also for his legitimate possession of temporal goods. (shrink)

When power is exercised in the enterprise some ethical issues might occur with business ownership, personnel policy, working conditions etc. These issues and ways of addressing them were depicted and interpreted from the perspective of the Church’s social teachings included in papal encyclicals, viz.: Rerum novarum, Laborem exercens, Centesimus Annus. In the Church’s social teachings a number of principles were noticed that are favourable for the ethical corporate management including the principle of the primacy of work over capital, (...) right to private ownership, right to establish professional associations, right to fair pay, right to fulfil religious obligations and having rest during holidays, a duty to support the weak and the needy (solidarity principle). The analysis of the social content of papal encyclicals showed two faces of power. On the one hand it is necessary and has positive effects (introduction of corporate governance, taking right decisions, prevention of theft and assets devastation etc.); on the other hand improper power exercise may lead to a number of undesirable effects (corruption, worker discrimination, thriftlessness etc.) The paper identifies also sources, forms and power exercising planes in the enterprise. (shrink)

The choice of Bellarmine as a target could be explained by the Cardinal's prominence among late Renaissance Catholic theologians. It had another advantage which was that the criticisms aimed at Bellarmine could apply to a wide range of the positions held by Anglicans. The heterodox theology defended by Thomas Hobbes had been condemned equally by Rome and Canterbury on several essential points, such as the corporeal nature of God and the soul, the mortality of the soul, the denial of Hell's (...) eternal punishments, and the implicit rejection of the Trinity. The indirect power stigmatized by Hobbes was a central element in Bellarmine's conceptual arsenal. The critique of papalism connected Hobbes with a powerful anti‐Roman current within the Catholic Church, which remained a central target of the pope's advocates for a long time. (shrink)

Gerald Odonis and Francis of Marchia, both Franciscan masters of theology active in the early fourteenth century, played an important role in the controversies that split the Franciscan Order as a result of Pope John XXII's decisions concerning the theory of religious poverty. They fought on opposite fronts: Odonis was elected Minister General after the deposition of Michael of Cesena, whom Francis supported in the struggle against the pope. This paper reconstructs the different stages at which Francis became a target (...) of Odonis' repressive actions against his dissident former confreres, from the first mention of Francis' name in the lists of rebels to the letter Quid niteris, where Odonis reproaches Francis for his purported violations of the Franciscan Rule. Odonis most probably intentionally avoided entering the slippery ground of the poverty controversy and preferred attacking Francis on ecclesio-political issues. (shrink)

All’origine della sovranità is a critical reflection on the complex and articolated sequence of events which, in the first half of the fourteenth century, brought to the crisis of Dyonisian hierarchical system and to the modern conception of sovereignty. In fact, the principle superiorem non recognoscere appears for the first time in juridical experience during the dispute about the two powers, when opponents of papal claims perceived the need to create new models of order, by which to replace the (...) hierocratic representation of the hierarchical system. After having considered the different conceptions of Dyonisian order in the late Middle Ages, the Author dwells on the two main contrasting paradigms: Marsilio’s organicism and Dante’s humanism. The first was coupled with clearly conventionalist theses, and led to the supremacy of the sovereignty principle and to a total submission of citizens to the public will; on the contrary, the second heightened persons’ capacity for self-regulation in accordance with a law that is given them with their being, and that directs them both to the beatitudo huius vite and, above all, to the beatitudo vite ecterne. Because of this contrast, through the philosophical arguments of the disputants, the problem of the relation between the two powers emerges in all its dramatic complexity. It wasn’t only a question to recognize preeminences or supremacies, autonomies or subjections, but to pronounce upon the conception itself of political community, of its ordering principle, and of its juridical shape. For this reason the alternative between Dante and Marsilio will mark out the whole subsequent juridical and political experience, up to our days. (shrink)

In line with his theory of secularization according to which all significant concepts of the modern theory of the state are secularized theological concepts, Carl Schmitt argues in Constitutional Theory that people’s (Volk) constitution-making power in modern democracy is analogical to God’s potestas constituens in medieval theology. It is also undoubtedly possible to find a resemblance between Schmitt’s constitution-making power and God’s power as it is described in medieval theology. In the same sense as the constitution-making (...) class='Hi'>power is absolutely free from all normative ties, God’s potestas constituens, or rather, God’s potentia absoluta is free from such ties. Yet, unlike the Schmittian constitution-making power, God’s potentia absoluta was not, in medieval theology, originally intended as a description of some form of divine action: the absolute power of God referred to the total possibilities initially open to God. However, when the canonists started to employ the term potentia absoluta in their speculations concerning the papal plenitude of power (plenitude potestatis) by the end of the thirteenth century, they used it in a different sense than the theologians previously. According to certain canonists, the pope, by his potentia absoluta, could grant de facto dispensations from divine and ecclesiastical laws. Later on, this notion became a theological notion as well, but given its origin in juridical discourse, the constitution-making power, rather than being a secularized theological notion, is a theologized juristic notion. (shrink)

In this follow-up to The Kingdom and the Glory and The Highest Poverty, Agamben investigates the roots of our moral concept of duty in the theory and practice of Christian liturgy. Beginning with the New Testament and working through to late scholasticism and modern papal encyclicals, Agamben traces the Church's attempts to repeat Christ's unrepeatable sacrifice. Crucial here is the paradoxical figure of the priest, who becomes more and more a pure instrument of God's power, so that his (...) own motives and character are entirely indifferent as long as he carries out his priestly duties. In modernity, Agamben argues, the Christian priest has become the model ethical subject. We see this above all in Kantian ethics. Contrasting the Christian and modern ontology of duty with the classical ontology of being, Agamben contends that Western philosophy has unfolded in the tension between the two. This latest installment in the study of Western political structures begun in Homo Sacer is a contribution to the study of liturgy, an extension of Nietzsche's genealogy of morals, and a reworking of Heidegger's history of Being. (shrink)

El motivo central de la Teoría Crítica de la Escuela de Francfort fue el concepto de dialéctica de la Ilustración. Pero la amenaza de un mundo completamente administrado por el impulso de una racionalidad formal se vuelve asimismo hacia las instancias críticas: ¿dónde puede hallarse el criterio independiente capaz de desvelar, por contraste, la mecánica del avasallamiento total de la modernización? La Teoría Crítica lo buscó a la vez en el espíritu moral de una Ilustración humanista y en el horizonte (...) del movimiento comunista internacional liderado por la URSS. Esta balance se truncó trágicamente ante la evidencia de la perversión soviética del contenido humano del socialismo revolucionario. La extrema ambigüedad que esta situación produjo en la lógica del pensamiento de la Teoría Crítica, extiende sus consecuencias hasta un presente que asiste a la exclusión forzada de todo proyecto fehacientemente revolucionario del panorama político occidental. (shrink)

The Renaissance architect, moral philosopher, cryptographer, mathematician, Papal adviser, painter, city planner and land surveyor Leon Battista Alberti provided the theoretical foundations of modern perspective geometry. Alberti’s work on perspective exerted a powerful influence on painters of the stature of Albrecht Dürer, Leonardo da Vinci and Piero della Francesca. But his Della pittura of 1435–36 contains also a hitherto unrecognized ontology of pictorial projection. We sketch this ontology, and show how it can be generalized to apply to representative devices (...) in general, including maps and spatial and non-spatial databases. (shrink)

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of (...) human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

This paper explores a tension between Francis's openness to ‘liminality’ and certain papal statements condemning transness that reproduce the ways in which people are marginalised as trans. It seeks to make sense of these tensions, reading them back through Francis's theology of history, and suggesting a place for trans people to locate ourselves within the Church in spite of them. It argues that Francis's failings around transness can be viewed as ‘limitations’ to be overcome in a redemptive movement. It (...) then argues that Francis's theology of history is reflected in his ‘dialogical’ use of authority, which admits a space and role for us as pastorally accompanying the Church beyond these limitations. Finally, it argues that Francis's pastoral theology is founded on a theology of encounter which suggests that this process is an expression of divine love that draws people to God through a loving encounter with others. Trans people are thus called to put ourselves at the service of this love, and can take hope in its powers even amidst our own weakness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:348 BOOK REVIEWS to God's commandments is "the way and condition of salvation" (VS # 12). Now obedience to the commandments entails, in addition to a good motivation or a willingness to strive, the conformity of an action's object to the specifying content of the commandment. What is the significance of a commandment to honor one's father and mother, if it does not specify actions? The commandments of God (...) specify what kinds of action are, or are not, in conformity with the true good of man. In his analysis of the moral act, the Pope holds that the object of the act is "the primary and decisive element for moral judgment" (VS # 79). Actions which by the nature of their object are unable to be ordered to man's true end can never be "good" actions. Further, he notes that acts, even individual acts, are determinative of the goodness or badness of the person. These points are summarized nicely in the following passage: Activity is morally good when it attests to and expresses the voluntary ordering of the person to his ultimate end and the conformity of a concrete action with the human good as it is acknowledged in its truth by reason. If the object of the concrete action is not in harmony with the true good of the person, the choice of that action makes our will and ourselves morally evil, thus putting us in conflict with our ultimate end, the supreme good, God himself (VS # 72). I believe that Keenan's study commendably highlights the freedom of the will in the order of exercise, and its power to exercise dominion over the intellect in the order of specification. Keenan also insightfully emphasizes the central role of the love of God as the root of our striving to live well. Yet any willing can only be consequent to some knowing. Further, the willingness to strive and be determined, if it is good, is a willingness to be determined, or specified, by the true good known by reason and faith. This willingness, which is a crucial element in moral goodness, must be completed by actions in conformity with the true good. Human goodness is in freely, and lovingly, living out the truth of human nature and its end. The Catholic University of America Washington, D.C. JOHN A. D. CUDDEBACK Moral Absolutes: Tradition, Revision, and Truth. By JOHN FINNIS. Washington, D.C.: The Catholic University of America Press, 1991. Pp. 113. $24.95 (cloth), $9.95 (paper). Not long after his conversion to Roman Catholicism, Alasdair MacIntyre told a group of Catholic bishops: " As a matter of autobio- BOOK REVIEWS 349 graphical fact, I came to the conclusion that there were exceptionless and binding [moral] norms prior to and quite independently of any faith in Divine Revelation." Within the Church Macintyre entered, however, there existed, and exists, widespread doubt and confusion about "moral absolutes" or " exceptionless moral norms." Certain eminent Catholic moral theologians today dissent from Pope John Paul's teaching that " there exist acts which per se and in themselves, independently of circumstances, are always seriously wrong by reason of their object." In the face of this dissent, John Finnis has produced a powerful philosophical and theological defense of the papal teaching. Moral Absolutes presents the 1988 Michael J. McGivney Lectures which Finnis delivered at the John Paul II Institute for Studies on Marriage and the Family. The hook consists of four chapters: "Foundations," "Clarifications," "Christian Witness," and "Challenge and Response." Like Macintyre, Finnis maintains that the authority of scripture and tradition supplement reason's grasp of certain specific types of act as intrinsically wicked and, therefore, never to he performed. Although his goal is to vindicate the proposition that there are moral absolutes, rather than to say which, or even how many, moral norms qualify as " exceptionless " (and therefore as, in the relevant sense of the term, " absolute "), his examples include norms against abortion (and, more generally, the direct killing of innocent human beings), adultery, fornication, contraception, homosexual sex, blasphemy, and disclaimer of the faith. As Finnis observes, the Church's tradition of proclaiming these norms and their absoluteness is "massively solid." Against certain neoscholastic... (shrink)

Nonviolent action is activity undertaken to call for, struggle for, or achieve change without using violence. This paper examines St. John XXIII’s historic encyclical on world peace, Pacem in terris, and its relationship to nonviolent action. It focuses on two nonviolent actions that contributed to this historic magisterial teaching: John’s efforts to foster a resolution to the Cuban Missile Crisis and a fast undertaken by the spiritual activist Lanza del Vasto during Lent 1963. It argues that the very writing of (...) this papal letter was a form of nonviolent action and that it has inspired nonviolent action around the world since it was promulgated, including Catholic leadership in the People Power Revolution in the Philippines. (shrink)

What does religion contribute to business ethics? Related to the practical, religion applies theological concepts to business situations; namely, vocation, stewardship, human dignity, co-creation, co-conservation, sharing in God's power, servant leadership, encounter with the Incarnation, sacramental sign and justice (divine and human). These concepts suggest the threefold component of religion: doctrine (creed), worship (cult) and values governing behavior (code). A principle taken from religious practice illustrates its unique contribution to business ethics. The principle of proportionality (or double effect) exemplifies (...) code in its balancing of good and evil outcomes. The more contemporary principle called the fundamental option identifies the role of vocation and calling in the notion of creed. The component cult might be reflected in the insistence on human dignity which is highlighted in papal social teaching. (shrink)

This article traces the career path and personality of a chancery official or secretary in the service of the Gonzaga, the ruling dynasty of Mantua, in the middle years of the fifteenth century. It relates Giovanni Arrivabene to the contemporary social, political and cultural context of this secondary northern Italian power or signoria but touches the wider Italian world at many points, particularly the papal court, whether in Rome or other locations, where Giovanni’s talented younger brother served first (...) as the secretary of Cardinal Francesco Gonzaga and later as an apostolic secretary. The comparison between the two brothers and their interdependence as property owners is a recurring theme. Giovanni emerges with evident limitations which hampered the succession to his father’s superior role in the chancery, where other privileged families also tended to prevail. Humanist educated and efficient, he seems to have been a bureaucrat of routine abilities, not quite astute enough to outpace certain departmental rivals or to avoid being tainted by association with some possibly corrupt practice which caused loss of favour. His later rehabilitation, first as a provincial magistrate concerned with criminal jurisdiction and later as an estate management official, illustrates that private relationships within the narrow world of a civic quasi despotic government were all important. (shrink)

The English Franciscan, William of Ockham (c. 1285-1349), was one of the most important thinkers of the later middle ages. Summoned to Avignon in 1324 to answer charges of heresy, Ockham became convinced that Pope John XXII was himself a heretic in denying the complete poverty of Christ and the apostles and a tyrant in claiming supremacy over the Roman empire. Ockham's political writings were a result of these personal convictions, but also include systematic discourses on the basis and functions (...) of spiritual and secular power as well as exhaustive discussions of Franciscan poverty and the general problem of papal heresy. Ockham emerges in this study as a man deeply committed to natural and Christian human rights, who found these fundamental values so seriously menaced in his time that their survival could be assured only by radical, even revolutionary, personal action and by a basic reworking of traditional political thought. (shrink)