The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law, 1150-1625

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Wm. B. Eerdmans Publishing, 2001 - Law - 380 pages
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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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Pretty much the must have read, when studying rights.

Contents

Origins
11
Villey Ockham and the Origin of Individual Rights
13
Origins of Natural Rights Language Texts and Contexts 11501250
43
Rights and Duties A Quaestio of Henry of Ghent
78
Ockham and The Franciscans
91
The Beginning of the Dispute
93
Languages of Rights
104
Property Natural Right and the State of Nature
131
From Gerson to Grotius
205
Gerson Conciliarism Corporatism and Individualism
207
Almain Mair Summenhart
236
Aristotle and the American Indians
255
Rights Community and Soverignty
288
Grotius From Medieval to Modern
316
Conclusion
343
Bibliography
349

William of Ockham Rights and Some Problems of Political Thought
170
Postscript
195

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Page 42 - The doctrine of individual rights was not a late medieval aberration from an earlier tradition of objective right or of natural moral law. Still less was it a seventeenth-century invention of Grotius or Hobbes or Locke. Rather, ... it was a characteristic product of the great age of creative jurisprudence that, in the twelfth and thirteenth centuries, established the foundations of the Western legal tradition.

References to this book

The Idea of Public Law
Martin Loughlin
No preview available - 2003
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About the author (2001)

The Bowmar Professor in Humanistic Studies Emeritus at Cornell University. A world authority on Western history and canon law, he has published a dozen books including Foundations of the Conciliar Theory: The Contributions of the Medieval Canonists from Gratian to the Great Schism; Origins of Papal Infallibility, 1150-1350: A Study on the Concepts of Infallibility, Sovereignty and Tradition in the Middle Ages; Medieval Poor Law: A Sketch of Canonical Theory and Its Application in England; and Religion, Law and the Growth of Constitutional Thought, 1150-1650.

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