William of Ockham's Early Theory of Property Rights in Context


Book Description

This book analyzes William of Ockham's early theory of property rights alongside those of his fellow dissident Franciscans, paying careful attention to each friar's use of Roman and civil law, which provided the conceptual building blocks of the poverty controversy.




William of Ockham's Early Theory of Property Rights in Context


Book Description

William of Ockham's (ca. 1288-1347) Opus nonaginta dierum has long been of interest to historians for his theory of rights. Yet the results of this interest has been uneven because most studies do not take sufficient account of the defences of Franciscan poverty already articulated by his fellow Franciscans, Bonagratia of Bergamo, Michael of Cesena, and Francis of Marchia. This book therefore presents and analyzes Ockham's account of property rights alongside those of his confreres. This contextualization of Ockham’s theory corrects many misconceptions about his theory of property, natural law, and natural rights, and therefore also provides a new foundation for studies of his political oeuvre, intellectual development, and significance as a political theorist.




A Companion to Early Modern Spanish Imperial Political and Social Thought


Book Description

This Companion aims to give an up-to-date overview of the historical context and the conceptual framework of Spanish imperial expansion during the early modern period, mostly during the 16th century. It intends to offer a nuanced and balanced account of the complexities of this historically controversial period analyzing first its historical underpinnings, then shedding light on the normative language behind imperial theorizing and finally discussing issues that arose with the experience of the conquest of American polities, such as colonialism, slavery or utopia. The aim of this volume is to uncover the structural and normative elements of the theological, legal and philosophical arguments about Spanish imperial ambitions in the early modern period. Contributors are Manuel Herrero Sánchez, José Luis Egío, Christiane Birr, Miguel Anxo Pena González, Tamar Herzog, Merio Scattola, Virpi Mäkinen, Wim Decock, Christian Schäfer, Francisco Castilla Urbano, Daniel Schwartz, Felipe Castañeda, José Luis Ramos Gorostiza, Luis Perdices de Blas, Beatriz Fernández Herrero.




Schooling, Human Capital and Civilization


Book Description

This book explores the formation of human capital in education, interrogating its social and ethical implications, and examining its role in generating policies and practices that govern curriculum studies as an academic field. Using an inquiry approach and offering an intellectual history of human capital theory through a genealogical methodology, the author begins by contextualizing the formation of the theory and explores its correlation with the history of imperialism. Tracing the concept of human capital from ancient slave societies to colonial empires, the book arrives at the modern formulations of the concept in education systems and explores its impact on curriculum and pedagogy in the digital age. Asking whether an approach that represented slaves, machines, animals, and property in its history is appropriate for forward-looking democratic societies, the author then uncovers crucial implications for educational equity and teacher development. Presenting a unique genealogy of schooling humans as economic resources and offering a descriptive and critical analysis of its impact on education as lived experience, the author excavates ideas and mentalities by which we think about modern schooling processes. This approach supports the intellectual development of teachers and offers a critical assessment of power-knowledge relations in curriculum studies. Discerning associations between the human capital theory of education and technological progress with implications for ethics in the digital age, it will be an outstanding resource for scholars and graduates working across comparative and international education, the history of education, curriculum studies, digital education, and curriculum theory.




Law and Authority in British Legal History, 1200–1900


Book Description

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.




Oxford Studies in Medieval Philosophy Volume 8


Book Description

Oxford Studies in Medieval Philosophy showcases the best scholarly research in this flourishing field. The series covers all aspects of medieval philosophy, including the Latin, Arabic, and Hebrew traditions, and runs from the end of antiquity into the Renaissance. It publishes new work by leading scholars in the field, and combines historical scholarship with philosophical acuteness. The papers will address a wide range of topics, from political philosophy to ethics, and logic to metaphysics. OSMP is an essential resource for anyone working in the area.




The English Province of the Franciscans (1224-c.1350)


Book Description

This volume explores the rich diversity of the Franciscan contribution to the life of the order and its ministry throughout England between 1224 and c. 1350. The 21 contributions examine the friars’ impact across the different strata of English society, from the parish churches, the missions, the royal courts and the universities. Friars were ubiquitous in England throughout this period and they participated in various programmes of renewal. Contributors are (in order of appearance) Amanda Power, Philippa M. Hoskin, Jens Röhrkasten, Michael F. Custato, OFM, Michael W. Blastic, OFM, Jean-François Godet-Calogeras, Peter V. Loewen, Lesley Smith, Eleonora Lombardo, Nigel Morgan, Cecilia Panti, Hubert Philipp Weber, Timothy J. Johnson, Mary Beth Ingham, CSJ, Takashi Shogimen, Susan J. Ridyard, Michael J. Haren, Christian Steer, Anna Campbell, and Michael J. P. Robson.




Rights at the Margins


Book Description

Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.




Orthodox Christians and the Rights Revolution in America


Book Description

A distinctive and unrivaled examination of North American Eastern Orthodox Christians and their encounter with the rights revolution in a pluralistic American society. From the civil rights movement of the 1950s to the “culture wars” of North America, commentators have identified the partisans bent on pursuing different “rights” claims. When religious identity surfaces as a key determinant in how the pursuit of rights occurs, both “the religious right” and “liberal” believers remain the focus of how each contributes to making rights demands. How Orthodox Christians in North America have navigated the “rights revolution,” however, remains largely unknown. From the disagreements over the rights of the First Peoples of Alaska to arguments about the rights of transgender persons, Orthodox Christians have engaged an anglo-American legal and constitutional rights tradition. But they see rights claims through the lens of an inherited focus on the dignity of the human person. In a pluralistic society and culture, Orthodox Christians, both converts and those with family roots in Orthodox countries, share with non-Orthodox fellow citizens the challenge of reconciling conflicting rights claims. Those claims do pit “religious liberty” rights claims against perceived dangers from outside the Orthodox Church. But internal disagreements about the rights of clergy and people within the Church accompany the Orthodox Christian engagement with debates over gender, sex, and marriage as well as expanding political, legal, and human rights claims. Despite their small numbers, North American Orthodox remain highly visible and their struggles influential among the more than 280 million Orthodox worldwide. Orthodox Christians and the Rights Revolution in America offers an historical analysis of this unfolding story.




The Philosophy of Piers Plowman


Book Description

This book examines William Langland’s late medieval poem, The Vision of Piers Plowman, in light of contemporary intellectual thought. David Strong argues that where the philosophers John Duns Scotus and William of Ockham revolutionize the view of human potential through their theories of epistemology, ethics, and freedom of the will, Langland vivifies these ideas by contextualizing them in an individual’s search for truth and love. Specifically, the text ponders the intersection between reason and the will in expressing love. While scholars have consistently noted the text’s indebtedness to these higher strains of thought, this is the first book-length study in over thirty years that explores the depth of this interconnection, and the only one that considers the salience of both Scotus and Ockham. It is essential reading for medieval literary specialists and students as well as any cultural historian who desires to augment their knowledge of truth and love.