Canon Law, the Expansion of Europe, and World Order


Book Description

A dozen articles published over the past three decades explore such topics as the canonists and the legitimacy of secular power, the contribution of the Medieval canon lawyers to the formation of international law, the Avignon papacy and the frontiers of Christendom as revealed by Vatican Register 62, the development of group rights, applying a Medieval theory of world order in the 17th century, and the Spanish search for global order in the conquest of the Americas. Three final essays look at the English occupation of Ireland as a model for the later expansion into the Americas. Annotation copyrighted by Book News, Inc., Portland, OR




Canon Law, the Expansion of Europe, and World Order


Book Description

The articles in this volume trace the development of the theory that humanity forms a single world community and that there exists a body of law governing the relations among the members of that community. These ideas first appeared in the writings of the medieval canon lawyers and received their fullest development in the writings of early modern Spanish intellectuals. Conflict and contact with ’the infidel’ provided a stimulus for the elaboration of these ideas in the later Middle Ages, but major impetus was given by the English subjugation of Ireland, and by the discovery of the Americas. This body of work paved the way for the modern notions of an international legal order and universal norms of behavior usually associated with the publication of Hugo Grotius’s work in the seventeenth century.




War in International Society


Book Description

Is war an institution of international society and how is it constituted as such across the evolution of international society? This book is an inquiry into the purpose of war as a social institution, as originally put forward by Hedley Bull. It offers a comprehensive examination of what is entailed in thinking of war as a social institution and as a mechanism for order. Since the terrorist attacks of 9/11 the subject of war has become increasingly relevant, with questions about who can wage war against whom, the way war is fought, and the reasons that lead us to war exposing fundamental inadequacies in our theorisation of war. War has long been considered in the discipline of International Relations in the context of the problem of order. However, the inclusion of war as an ‘institution’ is problematic for many. How can we understand an idea and practice so often associated with coercion, destruction, and disorder as contributing to order and coexistence? This study contends that an understanding of the core elements that establish the character of war as an institution of modern international society will give us important insights into the purpose, if any, of war in contemporary international relations. This ground-breaking book will be of strong interest to students and scholars of international relations, international relations theory, the English school, security studies and warfare.




Visions of World Community


Book Description

A philosophical and historical analysis of the idea of world community from the late Middle Ages to the present.




General Reports of the XVIIth Congress of the International Academy of Comparative Law


Book Description

This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.




Conciliarism and Church Law in the Fifteenth Century


Book Description

Crises are never the best of times and the era of the Great Western Schism (1378-1417) easily qualifies as one of the worst of times. As a professor of canon law at the University of Padua and later cardinal, and as a major theorist in the conciliarist movement, Franciscus Zabarella (1360-1417) tried to do what a good legal mind does: find and explicate a viable and legal solution to the crises of his time, a solution that would stand up in his own era and for the generations that followed. In this volume Thomas Morrissey looks at what he said, wrote and did, and places him and his thought in the context of the late medieval and early modern era, how he reflected that world and how he influenced it. Particular studies elucidate what he wrote on the authority and on the duty of the people in power, what they could do and should do, as well as what they should not do. They also show how he explored the area of early constitution law and human rights in civil and religious society and that his work leads down the road to our modern constitutional democratic societies. The volume includes two previously unpublished studies, on the situation in Padua c. 1400 and on a sermon from 1407, together with an introduction contextualizing the articles.




Global Community?


Book Description

Explores the range and depth of work currently being done in the humanities and social sciences on the conceptual, normative and empirical aspects of global community.




Spiritual Rationality


Book Description

Spiritual Rationality: Papal Embargo as Cultural Practice offers the first book-length study of embargo in a pre-modern period and provides a unique exploration into the domestic implications of this tool of foreign policy. Based on a large and varied body of archival and printed, papal and secular sources, this inquiry covers Europe and the broader Mediterranean from c. 1150 to c. 1550. During this time of an increasing papal role within Christian society, the church employed restrictions on trade with Muslims, pagans, 'heretics', 'schismatics', disobedient Catholic communities and individual Jews in order to facilitate papally-endorsed warfare against external enemies and to discipline internal foes. Various trade bans were originally promulgated as individual responses to specific circumstances. These restrictions, however, were shaped by the premise that sin and the defense of the decorum of the faith and Christendom condoned, or even required, papal intervention into the lives of the laity and by the text-based approach of popes and canonists. Papal embargo, consequently, was not only the sum total of individual trade bans but also a legal and moral discourse that classified exchanges into legitimate and illegitimate ones, compelled merchants to distinguish clearly between themselves as (Roman) Christians and a multitude of others as non-Christians, and helped order symbolically both the relationships between the two groups and those between church and laity. Papal embargo's chief relevance thus lay within Christian society itself, where it functioned as an intangible pastoral staff. While sixteenth-century developments undermined it as a policy tool and a moral discourse alike, papal embargo inscribed the notion of the immorality of trade with the enemy into European thought.




Christian-Muslim Relations. A Bibliographical History. Volume 3 (1050-1200)


Book Description

Christian-Muslim Relations, a Bibliographical History 3 (CMR3) is the third part of a general history of relations between the faiths. Covering the period from 1050 to 1200, it comprises a series of introductory essays, together with the main body of more than one hundred detailed entries on all the works by Christians and Muslims about and against one another that are known from this period. These entries provide biographical details of the authors where known, descriptions and assessments of the works themselves, and complete accounts of manuscripts, editions, translations and studies. The result of collaboration between leading scholars in the field, CMR3 is an indispensable basis for research in all elements of the history of Christian-Muslim relations.




Studies on Medieval Liturgical and Legal Manuscripts from Spain and Southern Italy


Book Description

Though it may not be immediately obvious why articles on topics from such distantly removed areas of western Europe - the Iberian peninsula and southern Italy - should appear in the same volume (the fourth collection by Roger Reynolds), the materials covered illustrate that they are indeed closely related, both in their differences and their similarities. Both peninsulas had their own indigenous liturgies and music (Old Spanish and Beneventan), distinctive written scripts (Visigothic and Beneventan), and legal and theological traditions, and repeatedly these worked their influence on other areas of western Europe. Although there were frequent attempts by the papacy and secular rulers from the 9th to the 13th century to suppress these distinctive traditions in both areas, elements of these nonetheless survived well into the 16th century and beyond. Despite the differences in these traditions, the articles in this volume also demonstrate through manuscript evidence the continued exchange of the distinctive customs between the Iberian peninsula and southern Italian cultures from the very early Middle Ages through the 12th century.