Item description for The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law 1150 ¿ 1625 (Emory University Studies in Law and Religion) by Brian Tierney...
Overview This is a historical work of extraordinary depth and breadth, which will interest--and surprise--not only historians but also political theorists, legal scholars, and others who wish to understand the origin and early developoment of contemporary theories of rights.
Publishers Description This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
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Studio: Wm. B. Eerdmans Publishing Company
Est. Packaging Dimensions: Length: 9.03" Width: 6.02" Height: 0.97" Weight: 1.27 lbs.
Release Date Jun 1, 2000
Publisher Wm. B. Eerdmans Publishing Company
Series Emory University Studies In Law
ISBN 0802848540 ISBN13 9780802848543
Availability 0 units.
More About Brian Tierney
Brian Tierney is Professor of Medieval History at Cornell University.
Brian Tierney has an academic affiliation as follows - CORNELL UNIVERSITY-ITHACA CORNELL UNIVERSITYITHACA CORNELL UNIVERSITYI.
Reviews - What do customers think about The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law 1150 ¿ 1625 (Emory University Studies in Law and Religion)?
human rights theory before Locke Nov 10, 2006
Brian Tierney, Professor Emeritus at Cornell has written the book on the genesis of modern natural rights thinking that all future scholars and students of the subject will have to digest. It is a common understanding that modern natural rights thinking began in the Enlightenment with the likes of Hobbes and Locke. Other claimants for the title include Grotius in the 17th century, the theologian Jean Gerson in the 15th century, earlier still Ockham, and Aquinas. Tierney argues that in fact it is in the thinking of the canon lawyers of the 12th and 13th centuries that one can discern the beginnings of modern natural rights thinking.
This history of natural rights thinking between 1150 and 1625 is relevant to the important contemporary questions of whether natural rights is a "western" or more universal notion; of the scope or content of the idea of natural rights; of how the earlier classical and medieval ideas of natural rights relate to the modern notions; and of how natural law, the laws of nature, and natural rights, relate if at all.
Because much of the discussion is about the meaning and understanding of medieval latin terms one regrets not paying more attention in high school latin class. That said Tierney makes it as easy as it can be with his lucid analytic style. Working ones way through this classic is well worth the effort.
Natural rights have an origin in medieval thought. Dec 15, 1998
Natural rights historians and scholars have expressed numerous opinions regarding the origins of the western notion of natural rights. Tierney argues that the development of natural rights form the basis of the whole western natural rights tradition, and that scholastic philosophers employed concepts of natural rights in their reasoning as early as the thirteenth century. Citing the Franciscan poverty dispute, Tierney demonstrates that it had a lasting impact on the development of western notions of rights. Finally, Tierney's account of the ways in which the concept of natural rights--a medieval notion--made its way to the modern world is original and insightful. Future scholarly work on the origins of the western natural rights tradition must build on Tierney's findings.
Table of Contents Mar 10, 1998
ACKNOWLDGEMENTS/ CITATIONS/ INTRODUCTION/ Modern Problems and Historical Approaches/ CHAPTER I/ Villey, Ockham and the Origin of/ Individual Rights/ Classical Roman Law/ Individual Rights and Roman Law/ Aquinas and the Canoninsts: Ius and Lex/ Ockham's "Revolution"/ Objections to Villey/ Alternative Approaches/ CHAPTER II/ Origins of Natural Rights Language: Texts and Contexts, 1150-1250/ The Question of Origins/ Sources of Modern Rights Language/ Canonistic Rights Language-Contexts/ Canonistic Rights Language-Texts/ Need and Natural Right/ Conclusion/ CHAPTER III/ Rights and Duties: A Quaestio of Henry of Ghent/ A Prisoner's Dilema/ Ownership of Self/ CHAPTER IV/ The Beginning of Dispute/ From Francis to Ockham/ Approaches to Ockham/ CHAPTER V/ Languages of Rights/ Hervaeus Natalis. Ius and Potestas/ Marsiliuis of Padua/ William of Ockham, Ius Poli and Lex/ Conclusion/ CHAPTER VI/ Property, Natural Right and the State of Nature/ Problems of First Acquisition/ Civilians, Canonists, and Theologians/ Bonagratia of Bergamo and John XXII/ Ockham on Property/ CHAPTER VII/ William of Ockham, Rights and Some Problems of Political Thought/ Origins of Jurisdiction/ Varieties of Natural Law/ Absolutism and Natural Rights/ A Rights-Based Political Theory?/ CHAPTER VIII/ Postscript/ CHAPTER IX/ Gerson, Conciliarism, Corporatism, and Individualism/ Individual and Community/ Tuck on Gerson/ Rights and Reform/ Ius and Dominium/ Chapter X/ Almain, Mair, Summenhart/ Medieval Survivals/ Mair, Rights and Needs/ Summenhart, Varieties of Dominion/ CHAPTER XI/ Aristotle and the American Indians/ Vitoria, Acquinas and Natural Rights/ Vitoria, Rights and Indians/ Las Casas, Indians and Rights/ CHAPTER XII/ Rights, Community, and Sovereign/ Vitoria. Sovereignty and Divine Right/ Saurez, Sovereignty and Natural Rights/ CHAPTER XIII/ Grotius. From Medieval to Modern/ The Question of Modernity/ Natural Law and Natural Rights/ The Right to Property/ Individuals, Society,and Sovereignty/ CONCLUSION/ BIBLIOGRAPHY/