Dante & the Limits of the Law


Book Description

In Dante and the Limits of the Law, Justin Steinberg offers the first comprehensive study of the legal structure essential to Dante’s Divine Comedy. Steinberg reveals how Dante imagines an afterlife dominated by sophisticated laws, hierarchical jurisdictions, and rationalized punishments and rewards. He makes the compelling case that Dante deliberately exploits this highly structured legal system to explore the phenomenon of exceptions to it, crucially introducing Dante to current debates about literature’s relation to law, exceptionality, and sovereignty. Examining how Dante probes the limits of the law in this juridical otherworld, Steinberg argues that exceptions were vital to the medieval legal order and that Dante’s otherworld represents an ideal “system of exception.” In the real world, Dante saw this system as increasingly threatened by the dual crises of church and empire: the abuses and overreaching of the popes and the absence of an effective Holy Roman Emperor. Steinberg shows that Dante’s imagination of the afterlife seeks to address this gap between the universal validity of Roman law and the lack of a sovereign power to enforce it. Exploring the institutional role of disgrace, the entwined phenomena of judicial discretion and artistic freedom, medieval ideas about privilege and immunity, and the place of judgment in the poem, this cogently argued book brings to life Dante’s sense of justice.




Dante and Violence


Book Description

This study explores how Dante represents violence in the Comedy and reveals the connection between contemporary private and public violence and civic and canon law violations. Although a number of articles have addressed particular aspects of violence in discrete parts of Dante’s oeuvre, a systematic treatment of violence in the Commedia is lacking. This ambitious overview of violence in Dante’s literary works and his world examines cases of violence in the domestic, communal, and cosmic spheres while taking into account medieval legal approaches to rights and human freedom that resonate with the economy of justice developed in the Commedia. Exploring medieval concerns with violence both in the home and in just war theory, as well as the Christian theology of the Incarnation and Redemption, Brenda Deen Schildgen examines violence in connection to the natural rights theory expounded by canon lawyers beginning in the twelfth century. Partially due to the increased attention to its Greco-Roman cultural legacy, the twelfth-century Renaissance produced a number of startling intellectual developments, including the emergence of codified canon law and a renewed interest in civil law based on Justinian’s sixth-century Corpus juris civilis. Schildgen argues that, in addition to “divine justice,” Dante explores how the human system of justice, as exemplified in both canon and civil law and based on natural law and legal concepts of human freedom, was consistently violated in the society of his era. At the same time, the redemptive violence of the Crucifixion, understood by Dante as the free act of God in choosing the Incarnation and death on the cross, provides the model for self-sacrifice for the communal good. This study, primarily focused on Dante’s representation of his contemporary reality, demonstrates that the punishments and rewards in Dante’s heaven and hell, while ostensibly a staging of his vision of eternal justice, may in fact be a direct appeal to his readers to recognize the crimes that pervade their own world. Dante and Violence will have a wide readership, including students and scholars of Dante, medieval culture, violence, and peace studies.




Dante as Political Theorist


Book Description

Dante’s Latin treatise Monarchia inscribes itself within the long medieval conflict between Pope and Emperor and the debate that opposed the theorists of theocracy to the supporters of the empire. The Monarchia, traditionally assumed to be a subversive work as its tormented reception testifies – it remained listed in the Index of Prohibited Books from 1559 to the end of the 19th century – results from the strong connection Dante emphasized between politics and ethics. The bene esse of human beings is the crucial issue that the treatise discusses since its very beginning. More than focusing on power and sovereignty, the Monarchia aims to demonstrate that the government of a single universal ruler guarantees the achievement of the natural goal of human life. The central role assigned to the Emperor discloses, in fact, the importance the poet gives to earthly happiness and to the temporal dimension of humanitas. The essays in this volume are the result of the first International Symposium of the Global Dante Project of New York, a scholarly initiative committed to the systematic study of the whole of Dante’s opus. Held in 2015 and devoted to the Monarchia, this inaugural event saw the participation of scholars from Europe and the USA who investigated Dante’s political treatise addressing diverse issues and from multiple and innovative methodological perspectives. The fertile discussion generated on that occasion and the insights it produced animate this book.




Debating Medieval Natural Law


Book Description

In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.




The Unexpected Dante


Book Description

Dante Alighieri’s long poem The Divine Comedy has been one of the foundational texts of European literature for over 700 years. Yet many mysteries still remain about the symbolism of this richly layered literary work, which has been interpreted in many different ways over the centuries. The Unexpected Dante brings together five leading scholars who offer fresh perspectives on the meanings and reception of The Divine Comedy. Some investigate Dante’s intentions by exploring the poem’s esoteric allusions to topics ranging from musical instruments to Roman law. Others examine the poem’s long afterlife and reception in the United States, with chapters showcasing new discoveries about Nicolaus de Laurentii’s 1481 edition of Commedia and the creative contemporary adaptations that have relocated Dante’s visions of heaven and hell to urban American settings. This study also includes a guide that showcases selected treasures from the extensive Dante collections at the Library of Congress, illustrating the depth and variety of The Divine Comedy’s global influence. The Unexpected Dante is thus a boon to both Dante scholars and aficionados of this literary masterpiece. Published by Bucknell University Press in association with the Library of Congress. Distributed worldwide by Rutgers University Press.




Roma Tre Law Review


Book Description

The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.




Ethics, Politics and Justice in Dante


Book Description

Ethics, Politics and Justice in Dante presents new research by international scholars on the themes of ethics, politics and justice in the works of Dante Alighieri, including chapters on Dante’s modern ‘afterlife’. Together the chapters explore how Dante’s writings engage with the contemporary culture of medieval Florence and Italy, and how and why his political and moral thought still speaks compellingly to modern readers. The collection’s contributors range across different disciplines and scholarly traditions – history, philology, classical reception, philosophy, theology – to scrutinise Dante’s Divine Comedy and his other works in Italian and Latin, offering a multi-faceted approach to the evolution of Dante’s political, ethical and legal thought throughout his writing career. Certain chapters focus on his early philosophical Convivio and on the accomplished Latin Eclogues of his final years, while others tackle knotty themes relating to judgement, justice, rhetoric and literary ethics in his Divine Comedy, from hell to paradise. The closing chapters discuss different modalities of the public reception and use of Dante’s work in both Italy and Britain, bringing the volume’s emphasis on morality, political philosophy, and social justice into the modern age of the nineteenth, twentieth, and twenty-first centuries.




Traditions of Natural Law in Medieval Philosophy


Book Description

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the ‘natural law theory’ of one of the religious traditions of medieval philosophy—Jewish, Islamic, Byzantine, and Latin—and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua.




Dantologies


Book Description

This book comprises a searching philosophical meditation on the evolution of the humanities in recent decades, taking Dante studies as an exemplary specimen. The contemporary currents of theory have decisively impacted this field, but Dante also has a strong relationship with theology. The idea that theology, teleology, and logocentric rationalities are simply overcome and swept away by new theoretical approaches proves much more complex as the theory revolution is exposed in its crypto-theological motives and origins. The revolutionary agendas and methodologies of theoretical currents have ushered in all manner of minorities and postcolonial and gender studies. But the exciting adventure they inaugurate shows up in quite a surprising light when brought to focus through the scholarly discipline of Dante studies as a terrain of dispute between traditional philology and postmodern theory. On this terrain, negative theology can play a peculiarly destabilizing, but also a conciliatory, role: it is equally critical of all languages for a theological transcendence to which it nevertheless remains infinitely open.




Approaches to Teaching Dante's Divine Comedy


Book Description

Dante's Divine Comedy can compel and shock readers: it combines intense emotion and psychological insight with medieval theology and philosophy. This volume will help instructors lead their students through the many dimensions--historical, literary, religious, and ethical--that make the work so rewarding and enduringly relevant yet so difficult. Part 1, "Materials," gives instructors an overview of the important scholarship on the Divine Comedy. The essays of part 2, "Approaches," describe ways to teach the work in the light of its contemporary culture and ours. Various teaching situations (a first-year seminar, a creative writing class, high school, a prison) are considered, and the many available translations are discussed.