By Brian Tierney
To appreciate the expansion of Western constitutional inspiration, we have to reflect on either ecclesiology and political conception, rules concerning the Church in addition to principles concerning the nation. during this publication Professor Tierney strains the interaction among ecclesiastical and secular theories of presidency from the 12th century to the 17th. He exhibits how rules revived from the traditional prior - Roman legislation, Aristotelian political philosophy, teachings of Church fathers - interacted with the realities of medieval society to supply distinctively new doctrines of constitutional govt in Church and nation. The examine strikes from the Roman and canon attorneys of the 12th century to numerous thirteenth-century theories of consent; later sections think of fifteenth-century conciliarism and points of seventeenth-century constitutional suggestion. clean techniques are recommended to the paintings of a number of figures of crucial value within the heritage of Western political idea. one of the authors thought of are Thomas Aquinas, Marsilius of Padua, Jean Gerson, Nicholas of Cues and Althusius, in addition to many lesser-known authors who contributed considerably to the expansion of the Western constitutional culture.
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Extra resources for Religion, Law and the Growth of Constitutional Thought, 1150-1650
Example text
Aristotle described a natural evolution from the family to the clan to the perfect society of the polis. Cicero offered an alternative Stoic version, a less naturalistic, more conventional account of the origin of the state, based on a coming together of people who had formerly lived solitary lives. Both accounts were well known in the Middle Ages. John of Paris began his treatise On Royal and Papal Power with Aristotle's version and followed it immediately with Cicero's. He seems to have regarded the two as complementary to one another.
But the Stoicism was always there, at least after the renewal of Roman law studies in the twelfth century. 36 Religion, law, and the growth of constitutional thought ness of analyzing how political man behaves or ought to behave, how constitutions work or ought to work. But from John of Paris to John Locke, and beyond to Rousseau, political theorists frequently began their works with hypotheses (sometimes very odd ones) about the origins of government, which determined the whole content of the argument that followed.
A. Watt, 'The Early Medieval Canonists and the Formation of Conciliar Theory3, Irish Theological Quarterly, 24(1957), 13-31 (p- 28). As James Whitelock put it, addressing the House of Commons in 1610, 'the power of the king in parliament is greater than his power out of parliament3. Gloss ad Dist. 6 (Watt, p. 30). Summa ad Dist. 6 ('Pope and Council3, p. 215). 18 Religion, law, and the growth of constitutional thought only the whole church was indefectible in faith he was reluctant to concede that the pope could have any superior in the order of jurisdiction.