Political Theories of the Middle Age |
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Page vii
... Law that stands below the State , the Natural Law that stands above the State - these are the ideas whose early history is to be detected , and they are set before us as thoughts which , under the influence of Classical Antiquity ...
... Law that stands below the State , the Natural Law that stands above the State - these are the ideas whose early history is to be detected , and they are set before us as thoughts which , under the influence of Classical Antiquity ...
Page xi
... law under one uncomfortable rubric . Deeply convinced though our lawyers may be that individual men are the only ' real ' and ' natural ' persons , they are compelled to find some phrase which places State and Man upon one level . The ...
... law under one uncomfortable rubric . Deeply convinced though our lawyers may be that individual men are the only ' real ' and ' natural ' persons , they are compelled to find some phrase which places State and Man upon one level . The ...
Page xii
... natural persons , ' and a large share of all our newest law is law concerning corporations1 . Something not unworthy of philosophic discussion would seem to lie in this quarter : either some deep - set truth which is always bearing ...
... natural persons , ' and a large share of all our newest law is law concerning corporations1 . Something not unworthy of philosophic discussion would seem to lie in this quarter : either some deep - set truth which is always bearing ...
Page xv
... law of northern France was partially romanized . No legislator had said that Roman law had been or was to be ... natural ' school of jurists smoothed away some of the contrasts between Roman law and German habit . If in the eyes of an ...
... law of northern France was partially romanized . No legislator had said that Roman law had been or was to be ... natural ' school of jurists smoothed away some of the contrasts between Roman law and German habit . If in the eyes of an ...
Page xvi
... Law of Germany was Roman law , it ought to be the law of the Digest , not the law of glossators or commentators or ' natural ' speculators . This teaching , so we are told , bore fruit in the practical work of German courts . They began ...
... Law of Germany was Roman law , it ought to be the law of the Digest , not the law of glossators or commentators or ' natural ' speculators . This teaching , so we are told , bore fruit in the practical work of German courts . They began ...
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Common terms and phrases
Aegid Aegidius Romanus Andlo Aquin Assembly Baldus Bebenb body Canonists causa Church civitas Community Comp Cons Constitution corporation corpus Council Dante Decius Dial divine dominium Dr Gierke eccl ecclesia ecclesiastical election Emperor Empire German Goldast habet Huguccio idea imperii imperium Innocent iure iuris ius gentium Johannes John of Salisbury Kaiser king legislation Lordship Lugd Mankind Marsilius Marsilius of Padua Medieval Doctrine Middle Age Migne Monarchy Natural Law naturalis Note Ockham Octo q organic Otto Fris papa papal Paris person Petr Petrus Pope Popular Sovereignty populus Positive Law potest princ Prince Electors princeps principle Ptol quae quod Randuf Realm regnum Repre respublica Roman Ruler Saresb Somn Sovereign spiritual State's Summa Theol sword Sylv Temporal Power Thom thought tion totius Translatio Imperii Unity universitas unum Venet Virid Volk Whole
Popular passages
Page 131 - Et ideo alia via procedendum est, dicendo, quod omnes homines qui nascuntur ex Adam, possunt considerari ut unus homo, in quantum conveniunt in natura quam a primo parente accipiunt ; secundum quod in civilibus omnes homines qui sunt unius communitatis, reputantur quasi unum corpus, et tota communitas quasi unus homo : sicut etiam Porphyrius dicit, quod participatione speciei plures homines sunt unus homo.
Page 147 - Quod Principi placuit legis habet vigorem : utpote cum lege regia, quae de imperio ejus lata est, populus ei et in eum omne suum imperium et potestatem conferat.
Page 110 - Nam spiritualis potestas terrenam potestatem et instituere habet ut sit, et judicare habet si bona non fuerit.
Page x - The State that Englishmen knew was a singularly unicellular State, and at a critical time they were not too well equipped with tried and traditional thoughts which would meet the case of Ireland or of some communities, commonwealths, corporations in America which seemed to have wills— and hardly fictitious wills of their own, and which became States and United States1. The medieval Empire laboured under the weight of an incongruously simple theory so soon as lawyers were teaching that the Kaiser...
Page 8 - To devout Christians, brought up in the oecumenical traditions of the Roman Empire, ' every ordering of a human community must appear as a component part of that ordering of the world which exists because God exists, and every earthly group must appear as an organic member of that Civitas Dei, that God-State, which comprehends the heavens and the earth.
Page 102 - Sciendum est autem quod hoc totum, quod est civilis multitudo, vel domestica familia, habet solam unitatem ordinis secundum quam non est aliquid simpliciter unum.
Page xxvii - English condottieri who returning home help to make the word 'company' popular among us, the trading companies, the companies that become colonies, the companies that make war, the friendly societies, the...
Page 188 - Est igitur, inquit Africanus, res publica res populi, populus autem non omnis hominum coetus quoquo modo congregatus, sed coetus multitudinis iuris consensu et utilitatis communione sociatus.
Page x - State— often and perhaps harmlessly called an Empire — may prosper without a theory, but does not suggest and, were we serious in our talk of sovereignty, would hardly tolerate, a theory that is simple enough and insular enough, and yet withal imperially Roman enough, to deny an essentially statelike character to those 'self-governing colonies,' communities, commonwealths, which are knit and welded into a larger sovereign whole.
Page 7 - Political Thought when it is genuinely medieval starts from the Whole, but ascribes an intrinsic value to every Partial Whole down to and including the Individual. If it holds out one hand to Antique Thought when it sets the Whole before the Parts...