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The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty
The Review of Politics 70 (2008), 370–399. Copyright # University of Notre Dame doi:10.1017/S0034670508000557 Printed in the USA Private Law Models for Public Law Concepts: The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty Daniel Lee Abstract: The essay traces the juridical origins of the modern doctrine of popular sovereignty as developed by the monarchomach jurists of the late sixteenth century. Particularly, the use of doctrines from the Roman law of property explains the sovereign right of the people to resist and reconstitute the commonwealth. Reviving the civilian concept of dominium during the French Wars of Religion and dynastic royal politics, these radical jurists articulated the claim that the people, not kings, have property rights over the commonwealth. By conceptualizing the people corporately as property-owners in this way, they were able to draw on legal arguments from Roman law to justify popular resistance as an assertion of a corporate property right. In doing so, the monarchomachs expressed an elaborate theory of state and sovereignty within the grammar of the Roman private law. Introduction William Barclay, the Franco-Scottish jurist whom John Locke once called “that Great Assertor of the Power and Sacredness of Kings” and “the great Champion of Absolute Monarchy,” introduced the term “mon- archomach” (or king-killers) into the political lexicon of early modern I would like to thank Philip Pettit, Alan Patten, and Anthony Grafton, as well as Edward Champlin, Kathleen Davis, Julian Franklin, William Chester Jordan, Nannerl Keohane, Stephen Macedo, Sankar Muthu, Evan Oxman, Mark Philp, and the anonymous reviewers of The Review of Politics. -
Jesuit Theology, Politics, and Identity: the Generalate of Acquaviva and the Years of Formation Franco Motta
chapter seventeen Jesuit Theology, Politics, and Identity: The Generalate of Acquaviva and the Years of Formation Franco Motta The Jesuit Archetype: A Long History What is a Jesuit? A priest; a member of a religious order, or rather of a regular congregation; a priest called to mission. Often, a teacher. Today, the list of defini- tions would more or less stop here. There is nothing specifically “Jesuit” about this description, as it could apply to the members of many other Catholic religious orders. It is one of the many consequences of secularization: in the collective perception, the differences that make up the complexity of the church are lost; the identities of the religious orders fade, and with them, the meaning of schools that at one time were recog- nizable in speech, modes of being, and their presence in the world. Before the mid-twentieth century, things were different. If we step back eighty years, we encounter signs and meanings that are connected to a far more distant past. In January 1932, the Spanish republic disbanded the Society of Jesus within its territories and forfeited its benefits on the grounds that the Jesuits were loyal to a foreign sovereign: the pope. At that time, a Jesuit’s identity was much clearer: an enemy of the state, an agent in service of a great power, an agitator, equipped with great influence over women, aristocrats, and elites; and, above all, a sworn enemy to civil and scientific progress.1 This was more or less the conceptual catalog that was then in use. Naturally, the prime minister of the -
Sacred Covenant and Huguenot Ideology of Resistance: the Biblical Image of the Contractual Monarchy in Vindiciae, Contra Tyrannos
religions Article Sacred Covenant and Huguenot Ideology of Resistance: The Biblical Image of the Contractual Monarchy in Vindiciae, Contra Tyrannos Andrei Constantin Sălăvăstru Social Sciences and Humanities Research Department, Institute for Interdisciplinary Research, “Alexandru Ioan Cuza” University of Iasi, 700506 Iasi, Romania; [email protected] Received: 8 October 2020; Accepted: 3 November 2020; Published: 6 November 2020 Abstract: The Bible had been a fundamental source of legitimacy for the French monarchy, with biblical imagery wielded as a powerful propaganda weapon in the ideological warfare which the kings of France often had to wage. All Christian monarchies tried to build around themselves a sacral aura, but the French kings had soon set themselves apart: they were the “most Christian”, anointed with holy oil brought from heaven, endowed with the power of healing, and the eldest sons of the Church. Biblical text was called upon to support this image of the monarchy, as the kings of France were depicted as following in the footsteps of the virtuous kings of the Old Testament and possessing the necessary biblical virtues. However, the Bible could prove a double-edged sword which could be turned against the monarchy, as the ideological battles unleashed by the Reformation were to prove. In search for a justification for their resistance against the French Crown, in particular after 1572, the Huguenots polemicists looked to the Bible in order to find examples of limited monarchies and overthrown tyrants. In putting forward the template of a proto-constitutional monarchy, one of the notions advanced by the Huguenots was the Biblical covenant between God, kings and the people, which imposed limits and obligations on the kings. -
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Tragedy and the Ethics of Resistance Rights in Early Modern French Theater A Dissertation SUBMITTED TO THE FACULTY OF THE UNIVERSITY OF MINNESOTA BY Anna Rosensweig IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Juliette Cherbuliez July 2014 © Anna Rosensweig 2014 i Acknowledgements One of this dissertation’s arguments is that what may seem to be the work of a single individual is actually the work of many. A veritable multitude of faculty, colleagues, and friends contributed to the research and writing that has culminated in this document. Without their efforts, it would not be a thing in the world. My deepest thanks go to my adviser, Juliette Cherbuliez. In many ways, this dissertation project began in Juliette’s 2008 graduate seminar on theater and pain in early modern France. It was in this seminar that I first became interested in tragedy as a genre and in the early modern as a period of study. It was also in this seminar that I developed a fascination for Antigone, a fascination that has driven much of my subsequent research. I am grateful to Juliette not only for these introductions, but also for the numerous conversations that followed. Over the years she has very persistently, but very patiently, encouraged me to reframe my questions and to revise my arguments. Her counsel and support have been invaluable. For their intellectual generosity as individuals and as a group, I am thankful to the members of my dissertation committee: Daniel Brewer, Mária Brewer, Nancy Luxon, J.B. Shank, and Margaret Werry. -
Metamorphoses of the Right of Resistance in Constitutionalism: from Tyrannicyde to the Reaction Against Global Injustice
Metamorphoses of the Right of Resistance in Constitutionalism: From Tyrannicyde to the Reaction Against Global Injustice Daniela Bifulco* (10 aprile 2016) Michael Kohlhaas (...),einer der rechtschaffensten zugleich und entsetzlichsten Menschen seiner Zeit. (...)die Welt würde sein Andenken haben segnen müssen, wenn er in einer Tugend nicht ausgeschweift hätte. Das Rechtgefühl aber machte ihn zum Räuber und Mörder. Michael Kohlhaas (…), one of the most upright and at the same time one of the most terrible men of his day. (…) The world would have had every reason to bless his memory, if he had not carried one virtue to excess. But his sense of justice turned him into a brigand and a murderer. Heinrich von KLEIST, Michael Kohlhaas, 1808 SUMMARY Introduction. 1. Origin and evolution of the right of resistance. 1.1 The roots of the concept of resistance: ancient Greece and the transition from “genos” to “the polis”. Tyrannicide. 1.2 Right and duty of (passive and active) resistance in Christianity. The ecclesiastical resistance to the temporal power. 1.3 Right of resistance in the feudal system (feudal resistance). 1.4 The right of resistance in the absolute State and in revolutionary Constitutions. 2 Transformation of the right of resistance in the Rule-of- law State (and in the social Rule-of-law State).2.1 The (missed) constitutionalization of the right of resistance in Italy. The right of resistance in the German Basic Law (1949). 2.2 Defending democracies and human rights. New aspects and functions of the right of resistance in globalised economy and global injustice. INTRODUCTION The courageous and solitary resistance of Heinrich von Kleist’s hero did not have a happy ending; or maybe it did, if you consider death a price not too high to quench the thirst for justice. -
Jesuit Theology, Politics, and Identity: the Generalate of Acquaviva and the Years of Formation Franco Motta
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Institutional Research Information System University of... chapter seventeen Jesuit Theology, Politics, and Identity: The Generalate of Acquaviva and the Years of Formation Franco Motta The Jesuit Archetype: A Long History What is a Jesuit? A priest; a member of a religious order, or rather of a regular congregation; a priest called to mission. Often, a teacher. Today, the list of defini- tions would more or less stop here. There is nothing specifically “Jesuit” about this description, as it could apply to the members of many other Catholic religious orders. It is one of the many consequences of secularization: in the collective perception, the differences that make up the complexity of the church are lost; the identities of the religious orders fade, and, with them, the meaning of schools that at one time were recog- nizable in speech, modes of being, and their presence in the world. Before the mid-twentieth century, things were different. If we step back eighty years, we encounter signs and meanings that are connected to a far more distant past. In January 1932, the Spanish republic disbanded the Society of Jesus within its territories and forfeited its benefits on the grounds that the Jesuits were loyal to a foreign sovereign, the pope. At that time, a Jesuit’s identity was much clearer: an enemy of the state, an agent in service of a great power, an agitator, equipped with great influence over women, aristocrats, and elites; and, above all, a sworn enemy to civil and scientific progress.1 This was more or less the conceptual catalog that was then in use. -
Milton's Case for a Free Commonwealth
Milton’s Case for a Free Commonwealth Frank Lovett Washington University in St. Louis This article will examine the development of John Milton’s arguments for democracy as against monarchy and other sorts of autocratic rule. These arguments are interesting both in their own right and insofar as they shed light on historiographical debates concerning the classical republican tradition. Milton is shown to hold a negative conception of liberty, as opposed to a positive or participatory conception, which lends support to the neo-roman interpretation of that tradition, associated with QuentinSkinnerandPhilipPettit.However,itisfurthershownthatSinnerandPettitmisunderstandtheclassicalrepublicans’ case for democracy, attributing to them a conceptual argument in place of an empirical one. A better understanding of Milton’s political theory contributes to a better understanding of this dilemma, and perhaps suggests a solution. his article will examine the development of “justly and magnanimously abolished” (VII, 409).3 This John Milton’s arguments for a “self-governing shift is particularly striking given the obvious inevitability Tdemocratie or Commonwealth” (VII, 427)1 as of restoration when the latter tract was written, and the against monarchy and other sorts of autocratic rule. These possibility that publishing such a vehemently antimonar- arguments are interesting both in their own right (Milton chical tract might therefore expose Milton to personal is often underestimated as a political thinker),2 and also danger. Would not a more suitable time to express such insofar as they shed light on continuing historiographical sentiments have been during his tenure as Secretary of debates concerning the classical republican tradition to Foreign Tongues for the Commonwealth government in which hebelongs. -
Revolution and Propaganda
REVOLUTION AND PROPAGANDA Bernard Quaritch Ltd List 2017/11 BERNARD QUARITCH LTD 40 SOUTH AUDLEY STREET, LONDON W1K 2PR Tel: +44 (0)20 7297 4888 Fax: +44 (0)20 7297 4866 e-mail: [email protected] web site: www.quaritch.com Bankers: Barclays Bank PLC, 1 Churchill Place, London E14 5HP Sort code: 20-65-82 Swift code: BARCGB22 Sterling account: IBAN: GB98 BARC 206582 10511722 Euro account: IBAN: GB30 BARC 206582 45447011 U.S. Dollar account: IBAN: GB46 BARC 206582 63992444 VAT number: GB 840 1358 54 Mastercard, Visa, and American Express accepted Recent Catalogues: 1435 Music 1434 Medieval & Renaissance Manuscripts 1433 English Books & Manuscripts Recent Lists: 2017/10 Bertrand Russell 2017/9 English Books 1550-1850 2017/8 Medicine, Sexology, Gastronomy no. 6 Cover image taken from no. 37. N.B. Prices marked with an asterisk are subject to VAT within the EU. 1. ALBERTI, Rafael. 13 Bandas y 48 estrellas. Poema del Mar Caribe. Madrid, Manuel Altolaguirre, 1936. Large 8vo, pp. 39, [1]; a very good copy in recent light blue quarter morocco, spine gilt, the original illustrated wrappers bound in, blank leaves bound at end. £650 First edition. ‘The thirteen poems collected in 13 bandas y 48 estrellas, first published in 1936 and later recollected in part 3 of De un momento a otro, are songs of protest against, and critical evaluations of, the role of “el imperialismo yanki”, “la diplomacia del horror”, and “la intervención armada” in the Americas, their effects on the people, and the limitations they place on freedom’ (Judith Nantell, Rafael Alberti’s poetry of the Thirties, University of Georgia Press, 1986, p. -
Renaissance, Reformation and Reason of State : Political Thought from Machiavelli to Locke
Année universitaire 2014/2015 Collège universitaire Semestre de printemps Renaissance, Reformation and Reason of State : political thought from Machiavelli to Locke Ronan SHARKEY Syllabus 1. The Renaissance and the decline of Aristotelianism a. Introduction to early-modern political thought b. Pre-modern politics: Aristotelian moral psychology and political community c. Pre-modern politics: Aquinas d. The breakdown of the Aristotelian synthesis e. Ciceronian virtues and the realities of politics Reading: Aristotle, Nicomachean Ethics, Politics; Aquinas, Political Writings; Cicero, On duties 2. Humanism and politics I: Erasmus and More a. Erasmus on the education of Princes b. More’s Utopia and the modern state Reading: More, Utopia; Erasmus, On the education of a Christian prince 3. Humanism and politics II: Machiavelli a. The rise of the Italian city-republics b. Florence, the Medici and the tragedy of Savonarola c. Guicciardini and Machiavelli on Florentine history d. Machiavelli the diplomat e. Vice and virtù: Machiavelli’s subversion of humanist morality f. Armies and mercenaries g. Political leadership h. Corruption and political liberty in the Discorsi i. Machiavelli and modernity Reading: Machiavelli, The Prince; Discourses; Black 2013 4. Reformed politics I: Luther and after a. Luther’s theological development b. Luther’s conservatism c. Luther on secular power 27, rue Saint-Guillaume 75007 Paris France T/ +33 (0)1 45 49 50 51 - F/ +33 (0)1 42 22 39 64 www.sciences-po.fr d. Luther on education, authority and the church e. The Radical Reformation Reading: Luther, On Secular Authority; Cargill-Thompson 1984; The Radical Reformation, ed. Baylor, Cambridge, 1991 5. -
Extended Notes for Toward Democracy
NOTES TO INTRODUCTION 1 EXTENDED NOTES FOR TOWARD DEMOCRACY Note to Readers The following notes, prepared with the help of Abigail Modaff of Harvard University, contain fuller documentation for James T. Kloppenberg, Toward Democracy: The Struggle for Self-Rule in European and American Thought, published by Oxford University Press in June, 2016. Page references within these notes refer to the print version of the book. As is indicated on p. 711 of that edition, many of the notes in this document contain a greater range of references and commentary than are available in the book. Readers will, however, find that a few of the notes that are followed by an asterisk in the print version do not differ from the notes in this document; those asterisks will be removed, and typographical errors corrected, in later printings of Toward Democracy. Introduction 1. See the UNESCO report edited by Richard McKeon, Democracy in a World of Tensions (Chicago, 1951), 522. Influential assessments of the universality of democracy at the turn of the twenty-first century include Amartya Sen, “Democracy as a Universal Value,” Journal of Democracy 10 (1999): 3–17; and the widely circulated report by Freedom House, Democracy’s Century: A Survey of Political Change in the Twentieth Century (New York, 1999), which reported that the number of democratic nations had mushroomed from a mere handful in 1900 to over 60 percent by the end of the century. Although those nations contained less than 40 percent of the world’s population, the report confidently predicted that the further expansion of democracy, now praised if not NOTES TO INTRODUCTION 2 yet practiced everywhere, was only a matter of time. -
LECTURE II Grotius, Hobbes and Pufendorf
LECTURE II Grotius, Hobbes and Pufendorf 2 Bodin’s analysis of sovereignty was - contrary to what one would have expected on the “absolutist” interpretation of his work - quickly welcomed by readers uneasy about contemporary monarchical power. The first response that we know of came from Simon Goulart, the Calvinist minister of Geneva, who arranged for an edition of the Six Livres to be produced at Geneva in 1577, a project which he would not have undertaken had he not fundamentally approved of the work1. Goulart added a preface praising Bodin as a “man who is right in very many places”,2 but correcting Bodin’s view of the Genevan constitution and - more interestingly - observing that Bodin had been mistaken in saying (as he did in the first edition) that both Luther and Calvin had been opposed to rebellion against a tyrannical monarch; Goulart quoted in extenso Calvin’s famous remarks about Ephors to show that he had supported constitutional resistance of this kind against tyrants. In a preface to the 1578 Paris edition of the Six Livres Bodin responded to this in hurt tones, stressing that he had opposed “the opinions of those who write on enlarging the rights of the treasury and the royal prerogative” and was simply hostile to the more radical claims that sovereign kings must be elected and can be deposed by their people;3 he also added a discussion of Calvin to the relevant passage in later editions of the Six livres, saying that Calvin in his observations about ephors 1 He said that “pour autant qu’en ces discours de Bodin il y a beaucoup de choses dites librement & qui peuvent servir, on a pense faire plaisir aux François de les leur communiquer en petit volume, tant pour soulager leur main & leur bourse, que dautant qu’ils eussent estre frustrez de la lecture d’iceux, á cause qu’apres la premiere edition mise en lumiere lon avoit defendu au libraire de la faire imprimer” (sig *5r - *5v) 2 “homme qui a beaucoup leu á la verité”. -
The Political Economy of Juan De Mariana
THE POLITICAL ECONOMY OF JUAN DE MARIANA 3Jmprimi tlottS't. E J KELLY S.J., . LAWRENC.. York Pro11lnce. PrOVincUll Maryland-New . CANLAN S.T.D., ARTHUR J. S, Censor LibrorUln. 3Jmprimatur. INAL HAYES. • PATRICK CARD Archbishop, New York. NEW YORK, April 19, 1928. THE POLITICAL ECONOMY of JUAN DE MARIANA BY JOHN LAURES, S.J., PH.D. Professor designate·of Economics Jochi University, Tokyo, Japan With a Foreword By EDWIN R. A. SELIGMAN MeVickar Professor of Political Economy Columhia University NEW YORK FORDHAM UNIVERSITY PRESS 1928 Copyright, 1928, by Fordham University Pres. FOREWORD I N the field of the history of Economics there are still vast tracts untilled and even uncleared. Among the more im portant of these unreclaimed stretches is the economic lit erature of Spain. We forget that Spain was at one time the foremost European country in both wealth and politics and it would be surprising if there had not been an active dis cussion at the time of the many important problems which arose out of its economic life. This economic literature is almost wholly unknown in foreign countries. For many years I have been interested in this Spanish literature, and have been eager to find some one who might be competent to, and disposed for, the undertaking of its study. In Father Laures I finally discovered a scholar who was exceptionally well qualified, with his careful training in mediaeval lore, his unusual linguistic accomplishments, and his thorough command of Economics. I accordingly urged and abetted him in the present treatise, rather regretfully, I must now admit, for Mariana and his times from an economic standpoint have always greatly attracted my interest.