Law and History contains a broad range of essays by prominent legal historians, which explore the ways in which history has been used by lawyers. Largely theoretical in focus, the volume covers a broad range of issues, including discussions of norms in medieval England, the works of Montesquieu, Maine, and Weber, and of the nature of legal argument in nineteenth-century England, and in twentieth- century war crimes trials.Readership: Scholars of law and history, social historians, legal historians.

The papers collected in this volume fall into three main groups. Those in the first group are concerned with the origin and early development of the idea of natural rights. The author argues here that the idea first grew into existence in the writings of the 12th-century canonists. The articles in the second group discuss miscellaneous aspects of medieval law and political thought. They include an overview of modern work on late medieval canon law. The final group of (...) articles is concerned with the history of papal infallibility, with especial reference to the tradition of Franciscan ecclesiology and the contributions of John Peter Olivi and William of Ockham. (shrink)

The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of (...) economic stability. (shrink)

An important aspect of the contemporary controversies over John Calvin’s natural law doctrine has been his relation to the medieval natural law inheritance. This paper attempts to put Calvin in better context through a detailed examination of his ideas on natural law, in comparison with those of Thomas Aquinas. I argue that significant points of both similarity and difference between them must berecognized. Among important similarities, I highlight their grounding of natural law in the divine nature and the relationship (...) of natural to civil law. Among important differences I note issues of participation, conscience, and the two kingdoms doctrine. Calvin resides in the same broad tradition of natural law as Thomas Aquinas, although he represents a somewhat different strand of it. (shrink)

What did it mean to keep a secret in early medieval England? It was a period during which the experience of secrecy was intensely bound to the belief that God knew all human secrets, yet the secrets of God remained unknowable to human beings. In Bonds of Secrecy, Benjamin A. Saltzman argues that this double-edged conception of secrecy and divinity profoundly affected the way believers acted and thought as subjects under the law, as the devout within monasteries, and as (...) readers before books. One crucial way it did so was by forming an ethical relationship between the self and the world that was fundamentally different from its modern reflex. Whereas today the bearers of secrets might be judged for the consequences of their reticence or disclosure, Saltzman observes, in the early Middle Ages a person attempting to conceal a secret was judged for believing he or she could conceal it from God. In other words, to attempt to hide from God was to become ensnared in a serious sin, but to hide from the world while deliberately and humbly submitting to God's constant observation was often a hallmark of spiritual virtue. Looking to law codes and religious architecture, hagiographies and riddles, Bonds of Secrecy shows how legal and monastic institutions harnessed the pervasive and complex belief in God's omniscience to produce an intense culture of scrutiny and a radical ethics of secrecy founded on the individual's belief that nothing could be hidden from God. According to Saltzman, this ethics of secrecy not only informed early medieval notions of mental activity and ideas about the mind but also profoundly shaped the practices of literary interpretation in ways that can inform our own contemporary approaches to reading texts from the past. (shrink)

Interiority and Law presents a groundbreaking reassessment of a medieval Jewish classic, Baḥya ibn Paquda's Guide to the Duties of the Hearts. Michaelis reads this work anew as a revolutionary intervention in Jewish law, or halakha. Overturning perceptions of Baḥya as the shaper of an ethical-religious form of life that exceeds halakha, Michaelis offers a pioneering historical and conceptual analysis of the category of "inner commandments" developed by Baḥya. Interiority and Law reveals that Baḥya's main effort revolved around establishing (...) a new legal formation - namely, the "duties of the hearts" - which would deal entirely with human interiority. Michaelis takes up the implications of Baḥya's radical innovation, examining his unique mystical model of proximity to God, which he based on an increasingly growing fulfillment of the inner commandments. With an integrative approach that puts Baḥya in dialogue with other medieval Muslim and Jewish religious thinkers, this work offers a fresh perspective on our understanding of the interconnectedness of the dynamic, neighboring religious traditions of Judaism and Islam. Contributing to conversations in the history of religion, Jewish studies, and medieval studies on interiority and mysticism, this book reveals Baḥya as a revolutionary and demanding thinker of Jewish law. (shrink)

In this essay I address a little-known chapter in the lengthy history of crimes against animals. My focus is not crimes committed by humans against animals, as such, but a practical outcome of the seemingly bizarre belief that animals are capable of committing crimes against humans.2 I refer here to the medieval practice whereby animals were prosecuted and punished for their misdeeds, aspects of which readers are likely to have encountered in the work of the historian Robert Darnton.

In recent years, several cases about the legal personhood of nonhuman animals garnered global attention, e.g. the recognition of ‘basic rights’ for the Argentinian great apes Sandra and Cecilia. Legal scholars have embraced the animal turn, blurring the once sovereign boundaries between persons and objects, recognising nonhuman beings as legal subjects. The zoonotic origins of the Covid-19 pandemic stress the urgency of establishing ‘global animal law’ and deconstructing anthropocentrism. To this end, it is vital to also consider the extensive premodern (...) legal history that humans share with other animals. Over 200 so-called animal trials have been documented in premodern Europe. In these proceedings, certain nonhuman animals—particularly domestic pigs—were prosecuted, often resulting in their capital punishment or anathema. This paper takes a history of ideas approach to these historical instances where Western philosophy of law and philosophical anthropology intersect, problematising the notion that such trials constitute wholesome precedents of the kind of legal personhood presently debated in jurisprudence. My counter-hegemonic analysis of the legal prosecution and execution of several pigs in fifteenth-century France demonstrates that late mediaeval notions of criminality transcended the alleged human-nonhuman divide whilst reaffirming and reifying human distinctiveness. I propose that pig trials were local laboratories where Christian communities reflected upon the natural hierarchy of God’s creation. Ensuing the apparent breach of the prescribed boundaries of nature, these communities renegotiated and re-naturalised everyday interspecies sociability by utilising the offending animals to exemplify particular norms about what it means to be human, generally to the animals’ detriment. (shrink)

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western (...) conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good. (shrink)

This volume offers a comprehensive and authoritative account of the history of a complex and varied body of ideas over a period of more than one thousand years. A work of both synthesis and assessment, The Cambridge History of Medieval Political Thought presents the results of several decades of critical scholarship in the field, and reflects in its breadth of enquiry precisely that diversity of focus that characterized the medieval sense of the "political," preoccupied with universality (...) at some levels, and with almost minute particularity at others. Among the vital questions explored by the distinguished team of contributors are the nature of authority, of justice, of property; the problem of legitimacy, of allegiance, of resistance to the powers that be; the character and functions of law, and the role of custom in maintaining a social structure. (shrink)

Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern responsa, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law.

aspirations, the rise of western monasticism was the most note worthy event of the early centuries. The importance of monasteries cannot be overstressed as sources of spirituality, learning and auto nomy in the intensely masculinized, militarized feudal period. Drawing their members from the highest levels of society, women's monasteries provided an outlet for the energy and ambition of strong-willed women, as well as positions of considerable authority. Even from periods relatively inhospitable to learning of all kinds, the memory has been (...) preserved of a good number of women of education. Their often considerable achievements and influence, however, generally lie outside even an expanded definition of philo sophy. Among the most notable foremothers of this early period were several whose efforts signal the possibility of later philosophical work. Radegund, in the sixth century, established one of the first Frankish convents, thereby laying the foundations for women's spiritual and intellectual development. From these beginnings, women's monasteries increased rapidly in both number and in fluence both on the continent and in Anglo-Saxon England. Hilda (d. 680) is well known as the powerful abbsess of the double monastery of Whitby. She was eager for knowledge, and five Eng lish bishops were educated under her tutelage. She is also accounted the patron of Caedmon, the first Anglo-Saxon poet of religious verse. The Anglo-Saxon nun Lioba was versed in the liberal arts as well as Scripture and canon law. (shrink)

_Oedipus Lex_ offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake. (...) Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Individualization of Crime in Medieval Canon LawVirpi Mäkinen and Heikki PihlajamäkiIn The Mourning of Christ (c. 1305, fresco at Cappella dell'Arena, Padua, Italy), Giotto di Bondone (c. 1267-1337) depicts the Virgin Mary embracing Christ for the last time after he has been taken down from the cross. Whereas his predecessors in the devotional Byzantine tradition concentrated on flat, still figures, Giotto emphasizes their humanity and individuality. The (...) grief on the Virgin's face is touching and convincing but in a slightly different way than the sorrow experienced by St. John or the other accompanying figures. Even the ten angels following the scene seem to grieve for the Redeemer in their own personal way. The individuality of Giotto's figures may not seem much if we compare it with the seventeenth-century Flemish masters. Giotto's Virgin and her company still show a restraint in their grief which does not seem entirely natural. In late medieval art, however, Giotto's approach was fresh and new, reflecting a trend toward individualization which was not peculiar merely to art but was taking over many other areas of late medieval life as well. Philosophy, theology, and law—the medieval scientiae—were all putting increasing emphasis on the rights and responsibilities of the individual.Nor does this trend leave criminal law and the law of evidence untouched. The medieval development of law was just as revolutionary as the development of other branches of knowledge. Starting in early twelfth-century Bologna, the Corpus Iuris Civilis became an object of systematic academic research and teaching for the first time in history. The development of canon law was perhaps even more striking. Positive, enacted law first became not only an object of academic studies but also an instrument of social engineering in the domain of church law. The hierarchical structure of the worldwide Catholic Church was built and run in conjunction with positive, enacted legislation.1 [End Page 525] The development of criminal law was just as innovative as the changes that took place in other branches of law, with canon lawyers taking the lead. Aspiring for universal power and competing for it with secular rulers, the Church was in need of an efficient system to control disobedient priests and monks and suppress heretical movements.2 The traditional system of criminal control was clearly not sufficient. Canon law, making use of the contemporary trend toward increased individualization in theology, philosophy, and Roman law, was developed to meet the church's need to master the situation.One of the most important and influential developments in thirteenth-century criminal law concerned the individual's criminal intention and responsibility. Before the change criminal responsibility was mainly based on the consequences of a crime. The canon lawyers began to determine different modes of subjective responsibility. In the law of criminal evidence the individual was also shifted from the margins to the center of attention. Earlier criminal evidence had been produced from sources external to the individuality of the defendant, such as oaths, compurgators, and ordeals. In the thirteenth century and with the development of the so-called statutory or legal theory of proof, increasing attention was paid to the stories of both the defendant (in the form of confessions) and the witnesses. The development of criminal law and criminal procedure in the thirteenth and fourteenth centuries can be understood in the context of the simultaneous trend toward individualization that took place in moral philosophy and theology as well as in canon law.3 These connections are not the only way of understanding the modernization of canon criminal law, for the prevailing view sees the transformation in conjunction with the twelfth-century hierarchization and centralization of church bureaucracy. The particular form that the criminal law and law of proof assumed in these changes did not arise out of a vacuum but, however, has to be understood in relation to the neighboring fields of thought.The Human Will and the Individual in Medieval Moral PhilosophyThe primus motor of medieval philosophy, Aristotelianism, encountered its first competing theories in the thirteenth century. One of the most far-reaching ideas concerning human psychology and behavior, developed by the Franciscans... (shrink)

This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of (...) conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies. (shrink)

How can dispute records shed light on the study of dispute settlement processes and their social and political underpinnings? This volume addresses this question by investigating the interplay between record-making, disputing process, and the social and political contexts of conflicts. The authors make use of exceptionally rich charter materials from the Iberian Peninsula, Italy, and Scandinavia, including different types of texts directly and indirectly related to conflicts, in order to contribute to a comparative survey of early medieval dispute records (...) and to a better understanding of the interplay between judicial and other less formal modes of conflict resolution. Contributors are Isabel Alfonso, José M. Andrade, François Bougard, Warren C. Brown, Wendy Davies, Julio Escalona, Kim Esmark, Adam J. Kosto, Juan José Larrea, André Evangelista Marques, Josep M. Salrach, Igor Santos Salazar, and Francesca Tinti. (shrink)

There are varying opinions about whether or not the field of business ethics has a history or is a development of more modern times. It is suggested that a book by a Dominican Friar, Johannes Nider, De Contractibus Mercatorum, written ca. 1430 and published ca. 1468 provides a basis for a history of over 500 years. Business ethics grew out of attempts to reconcile Biblical precepts, canon law, civil law, the teachings of the Church Fathers, and the writings (...) of early philosophers with the realities of expanding economic activity. Nider's background is discussed as well as his book as an example of incunabula.Nider was one of the Scholastics who provided a link between Aristotle and later Reformation thinkers. In Nider we find caveat venditor as his moral guide to merchants as well as other surprisingly modern ideas such as justice in exchange; restitution for defective goods; the market as the final arbiter of value; and the importance of creating utility in products. (shrink)

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal (...) law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science. (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)

The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in (...) the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there 'medieval' answers to 'modern' questions? is the modern world still working its way through the Middle Ages? to what extent is the 'modern outlook' genuinely secular? is there a 'theology' of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory.. (shrink)

An analysis of the exemplary strategy of Pasquier reveals an intriguing shift in the premises, procedures, and goals of his history, arising from the superimposition of an internalized medieval task on a very different humanist, or classicist, task. Machiavelli's classicizing exempla undermine his theory, while Pasquier's medieval exempla make sense of the Machiavellian project, and can be seen to disconnect the reader from the exemplary. Pasquier retains the Machiavellian analysis of efficiency while subverting the duty of heroic (...) imitation. The priority of consensual purpose over individual action which David assigned to the medieval exemplum reinforces the priority of community over citizen in Pasquier's historical politics. Pasquier's exempla impose on the French reader the obligation of assimilating his or her own laws and history. His initiative is felicitous in comparison with modern projects as well; he reaffirms morality as essentially public, shared, and refuses the inconsistency of deriving a public morality from an infinity of personal acts. (shrink)

Accounting for the Commandments in Medieval Judaism explores the discursive formation of the commandments as a generative matrix of Jewish thought and life in the posttalmudic period. Each study sheds light on how medieval Jews crafted the commandments out of theretofore underdetermined material. By systematizing, representing, or interrogating the amorphous category of commandment, medieval Jewish authors across both the Islamic and Christian spheres of influence sought to explain, justify, and characterize Israel's legal system, divine revelation, the cosmos, (...) and even the divine order. This volume correlates bodies of knowledge-such as jurisprudence, philosophy, ethics, pietism, and kabbalah-that are normally treated in isolation into a single conversation about a shared constitutional concern. (shrink)

The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The (...) theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

Ethics was a central preoccupation of medieval philosophers, and medieval ethical thought is rich, diverse, and inventive. Yet standard histories of ethics often skip quickly over the medievals, and histories of medieval philosophy often fail to do justice to the centrality of ethical concerns in medieval thought. This volume presents the full range of medieval ethics in Christian, Islamic, and Jewish philosophy in a way that is accessible to a non-specialist and reveals the liveliness and (...) sophistication of medieval ethical thought. In Part I there is a series of historical chapters presenting developmental and contextual accounts of Christian, Islamic, and Jewish ethics. Part II offers topical chapters on such central themes as happiness, virtue, law, and freedom, as well as on less-studied aspects of medieval ethics such as economic ethics, the ethical dimensions of mysticism, and sin and grace. This will be an important volume for students of ethics and medieval philosophy. (shrink)

This essay argues that Robert Grosseteste’s Latin translation of Aristotle’s passage on natural justice was philosophically determinant for its medieval reception. By altering the passage, Grosseteste allowed for a reconciliation of prima facie opposing views on natural law, namely: On one hand, the Ciceronian-Stoic and Augustinian-Neoplatonic idea that natural law is primarily immutable; and on the other, Aristotle’s claim that all things that are naturally just are subject to change. Focusing on Albert the Great’s first commentary on the Nicomachean (...) Ethics, and on Thomas Aquinas’s Sententia libri ethicorum, the paper shows that several distinctions made by these authors, which account for a restricted description of how naturally just things can change, were allowed and suggested by Grosseteste’s alterations of the passage. (shrink)

In this short monograph, Riccardo Saccenti surveys the various and competing interpretations of natural law and natural right from the late Middle Ages through the modern period. As “a survey,” the intention of this book is not so much to advance and defend a central thesis about natural law, but rather to paint a picture of how the various interpreters of natural law have responded to the most important primary texts and to one another. One of the issues with which (...) Saccenti is most concerned is the transition from the medieval understanding of natural law inspired by an Aristotelian concept of nature to a modern theory of natural individual rights. Where exactly does this transition begin and where is it more or less consummated? A reader of this book will be impressed by the complexity of this debate and the nuances of difference between its participants. Saccenti’s account of it succeeds in exposing the folly of overly simplistic readings of intellectual history that are ideologically motivated, and reminds us what a careful reading of primary and secondary sources can achieve. (shrink)

From the ninth to the fifteenth centuries Jewish thinkers living in Islamic and Christian lands philosophized about Judaism. Influenced first by Islamic theological speculation and the great philosophers of classical antiquity, and then in the late medieval period by Christian Scholasticism, Jewish philosophers and scientists reflected on the nature of language about God, the scope and limits of human understanding, the eternity or createdness of the world, prophecy and divine providence, the possibility of human freedom, and the relationship between (...) divine and human law. Though many viewed philosophy as a dangerous threat, others incorporated it into their understanding of what it is to be a Jew. This Companion presents all the major Jewish thinkers of the period, the philosophical and non-philosophical contexts of their thought, and the interactions between Jewish and non-Jewish philosophers. It is a comprehensive introduction to a vital period of Jewish intellectual history. (shrink)

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized (...) specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

How do we judge whether we should be willing to follow the views of experts or whether we ought to try to come to our own, independent views? This book seeks the answer in medieval philosophical thought. In this engaging study into the history of philosophy and epistemology, Peter Adamson provides an answer to a question as relevant today as it was in the medieval period: how and when should we turn to the authoritative expertise of other (...) people in forming our own beliefs? He challenges us to reconsider our approach to this question through a constructive recovery of the intellectual and cultural traditions of the Islamic world, the Byzantine Empire, and Latin Christendom. Adamson begins by foregrounding the distinction in Islamic philosophy between taqlid, or the uncritical acceptance of authority, and ijtihad, or judgment based on independent effort, the latter of which was particularly prized in Islamic law, theology, and philosophy during the medieval period. He then demonstrates how the Islamic tradition paves the way for the development of what he calls a "justified taqlid," according to which one develops the skills necessary to critically and selectively follow an authority based on their reliability. The book proceeds to reconfigure our understanding of the relation between authority and independent thought in the medieval world by illuminating how women found spaces to assert their own intellectual authority, how medieval writers evaluated the authoritative status of Plato and Aristotle, and how independent reasoning was deployed to defend one Abrahamic faith against the other. This clear and eloquently written book will interest scholars in and enthusiasts of medieval philosophy, Islamic studies, Byzantine studies, and the history of thought"-- Back cover. (shrink)

This volume explores the relationship between individuals and institutions in scholastic thought and practice across the twelfth and fifteenth centuries, setting an agenda for future debates. Written by leading European experts from numerous fields, this theoretically sophisticated collection analyses a wide range of intellectual practices and disciplines. Avoiding narrow approaches to scholasticism, the book addresses ethics, history, heresy, law, inquisition, metaphysics, pastoral care, poetry, religious orders, saints' cults and theology. A substantial introduction establishes an accessible historiographical context for the (...) volume's agenda, and a final afterword examines implications for future research. The history of individuals and institutions in scholasticism has often been unhelpfully treated either as a simple intellectual genealogy of schools and doctrines, or a constitutional history of particular organizational forms. This volume advances our understanding by reconsidering these fields as a whole and addressing two large questions. What was the relationship between particular intellectuals and their wider networks? How did individuals alter their institutions, and how did those institutions shape their individuality? This volume is of major importance to intellectual, religious and cultural historians as well as historians of knowledge and science. It will engage those working on individuals and institutions in the middle ages as well as in other periods. (shrink)

The central theoretical assumption of English land law (and land law in related legal systems) that all rights in land are derivative of the Crown’s rights does not provide a full account of the origins of rights in land. ‘Liberal’ theories of the origin of property rights, which see property rights as something that emerged independently of state action, retain considerable explanatory value. The paper begins with a discussion of the principal features of David Hume’s account of the origins of (...) property. The paper then engages with historical scholarship that shows that (1) it is a mistake to see the medieval English hierarchy of administration as implying a hierarchy of property rights ultimately derived from the Crown’s ‘title,’ and (2) the idea that communal medieval agricultural practices were super-imposed upon a pre-existing system of individual property rights is plausible. (shrink)

The reign of paper files would seem to be over once files are reduced to the status of icons on computer screens, but Vismann's book, which examines the impact of the file on Western institutions throughout history, shows how the creation of order in medieval and early modern administrations makes its returns in computer architecture.

The author attempted to present the development of legal theories through early & medieval philosophical history.

In Rationalities in history, the distinguished historian David d'Avray writes a new comparative history in the spirit of Max Weber. In a strikingly original reassessment of seminal Weberian ideas, d'Avray applies value rationality to the comparative history of religion and the philosophy of law. Integrating theories of rational choice, anthropological reflections on relativism, and the recent philosophy of rationality with Weber's conceptual framework, d'Avray seeks to disengage 'rationalisation' from its enduring association with Western 'modernity.' This mode of (...) analysis is contextualised through the examples of Buddhism, Imperial China, and sixteenth-century Catholicism--in the latter case building upon unpublished archival research. This ambitious synthesis of social theory and comparative history will engage social scientists and historians from advanced undergraduate level upwards, stimulating interdisciplinary discourse, and making a significant contribution to the methodology of history. D'Avray explores the potential of this new Weberian analysis further in his companion volume, Medieval religious rationalities"--Provided by publisher. (shrink)

Reveals the diverse ways that cognition was seen as spread over brain, body and world in the 9–17th centuries - The second book in an ambitious 4-volume set looking at distributed cognition in the history of thought - Includes essays on literature, philosophy, law, art, music, medicine, science and material culture - For students and scholars in medieval and Renaissance studies, cognitive humanities and philosophy of mind - Draws out what was distinctive about medieval and Renaissance insights (...) into (and superstitions about) the cognitive roles of the body and environment - Examines how humanities topics are affected by new insights from the cognitive sciences This collection explores how medieval and Renaissance practices and ideas reveal the expression (and suppression) of cognition as distributed across brain, body and world. As many of the texts and practices have influenced later Western European societies and cultures, this book reveals vital stages in the historical development of our attempts to comprehend and optimise the distributed nature of cognition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Tolerantia: A Medieval ConceptIstván BejczyThe notion of tolerance is generally considered a product of modern times and in particular of the Age of Reason.1 The enlightened philosophers, who laid the foundations of liberalism and democracy, are often hailed as the men who introduced the notion of tolerance as a means of guaranteeing maximum freedom to the individual members of society. Writings such as the Epistola de tolerantia of (...) John Locke and the Traité sur la tolérance of Voltaire prove indeed that tolerance was an important topic in enlightened thought. Sometimes it is believed that an earlier notion of tolerance can be found, most notably in the writings of Christian humanists like Erasmus. As a matter of fact, “Erasmian tolerance” is a standing phrase in the Netherlands, where the people are happy to link the one virtue for which they openly praise themselves with the only Dutch author who is universally known.The Middle Ages, on the other hand, have no reputation for tolerance, the lack of which is usually attributed to the influence of a powerful Church that was able and willing to suppress all major deviations from the exclusive truth it was convinced it possessed. Only the Reformation, it is often argued, forced the Church to change its attitude and to redefine its relation towards dissidents.2 As a consequence, many historical studies of the idea of tolerance begin only in the sixteenth century.3This representation of the history of tolerance is, however, distorted. In the Middle Ages tolerantia was a highly developed political concept, and it was [End Page 365] widely applied in the ecclesiastical as well as the secular sphere. This observation is not altogether new. In a limited number of studies the medieval concept of tolerance receives due attention. The most important of these studies are those by Joseph Lecler, Mario Condorelli, and Klaus Schreiner, but unfortunately none of these authors treat the subject of medieval tolerance in a satisfactory way.In his monumental Histoire de la tolérance au siècle de la Réforme (1955) Lecler does not investigate the term or the concept of medieval tolerance systematically, but briefly surveys the attitude adopted by Christian scholarly authors towards heretics and unbelievers. In fact Lecler tacitly equates the notion of “tolerance” with “freedom of religion,” a concept which indeed found little support among medieval scholars.4 Condorelli’s study (1960) is much more systematic, but it has a rather limited scope. It concentrates on the development of religious toleration in medieval canon law between the twelfth and fourteenth centuries.5 The canon lawyers in fact coined the medieval concept of tolerantia with specific attention to religious toleration, and for this reason Condorelli’s work remains important and useful. But Condorelli does not analyze medieval tolerantia in its full range, nor does he compare the concept with later uses of the term.Schreiner’s article on tolerance in Geschichtliche Grundbegriffe (1990) contains a detailed discussion of the concept of tolerance and its development in western intellectual history.6 On the patristic and medieval periods Schreiner offers a wealth of material, and his representations of historical facts and developments are generally correct. His evaluations of the facts, however, strike me as misleading as far as the Middle Ages are concerned. Schreiner refuses to take medieval tolerance seriously. The pretension of Christian religion to embody the absolute truth and its function as the main integrating factor of society would have impeded a full development of tolerance; Schreiner even considers medieval Christianity intolerant in its very essence. As he argues,Only when the early modern state proceeded to make natural religion instead of a closed system of belief the consensus-shaping vinculum societatis, it set free spaces of action in which individuals and groups could realize their rights of freedom of belief and conscience.... Only [End Page 366] the dissolution of the historically grown bonds between religion and justice, which restituted freedom to religion and prudence to justice, enabled the free expression of religion in a spirit of mutual patience.7We can reproach Schreiner with several inaccuracies. First, it is questionable whether medieval religion represented a closed system which can be... (shrink)