Peter Coss
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199560004
- eISBN:
- 9780191723094
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560004.003.0008
- Subject:
- History, British and Irish Medieval History
Religious belief and practice are central to the understanding of any, or at least almost any, culture. As far as the gentry is concerned religious sensibility and religious observance immediately ...
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Religious belief and practice are central to the understanding of any, or at least almost any, culture. As far as the gentry is concerned religious sensibility and religious observance immediately raise issues around internal and external worlds and around the possibility of a fundamental dichotomy between private and public spheres. However unwittingly, the historian cannot help but have one eye on the Reformation and the debates it engenders. This chapter approaches the religion of the gentry in its formative period, initially though the uniquely revealing phenomenon of the private chapel. It examines belief and worship in their most intimate setting: in the curia itself. It focuses on a particularly significant development that would govern the role of the gentry within the church for many centuries — the shift in patronage and support from the religious orders to the parish church.Less
Religious belief and practice are central to the understanding of any, or at least almost any, culture. As far as the gentry is concerned religious sensibility and religious observance immediately raise issues around internal and external worlds and around the possibility of a fundamental dichotomy between private and public spheres. However unwittingly, the historian cannot help but have one eye on the Reformation and the debates it engenders. This chapter approaches the religion of the gentry in its formative period, initially though the uniquely revealing phenomenon of the private chapel. It examines belief and worship in their most intimate setting: in the curia itself. It focuses on a particularly significant development that would govern the role of the gentry within the church for many centuries — the shift in patronage and support from the religious orders to the parish church.
Christopher Smith
- Published in print:
- 2005
- Published Online:
- January 2012
- ISBN:
- 9780197263259
- eISBN:
- 9780191734618
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263259.003.0005
- Subject:
- Archaeology, Historical Archaeology
This chapter examines the urbanization process in Rome based on archaeological evidence. Archaeological attention has been refocused on Rome because the question of the reliability of our sources for ...
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This chapter examines the urbanization process in Rome based on archaeological evidence. Archaeological attention has been refocused on Rome because the question of the reliability of our sources for early Rome has been reopened and because recent and ancient sources have been found to cohere to a surprising degree. The chapter suggests that the curiae are interestingly urban in their interests and functions, and in the way they participate in conscious and unconscious dialectics across the whole urban landscape. It also discusses the distinction between proto-urban and urban.Less
This chapter examines the urbanization process in Rome based on archaeological evidence. Archaeological attention has been refocused on Rome because the question of the reliability of our sources for early Rome has been reopened and because recent and ancient sources have been found to cohere to a surprising degree. The chapter suggests that the curiae are interestingly urban in their interests and functions, and in the way they participate in conscious and unconscious dialectics across the whole urban landscape. It also discusses the distinction between proto-urban and urban.
Stefania Tutino
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199740536
- eISBN:
- 9780199894765
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199740536.003.0007
- Subject:
- Religion, Philosophy of Religion
The final chapter closes back on the Roman Curia, and it explains how, in Bellarmine’s view, the dynamics and mechanics of its power worked. The first section of this chapter illustrates the ...
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The final chapter closes back on the Roman Curia, and it explains how, in Bellarmine’s view, the dynamics and mechanics of its power worked. The first section of this chapter illustrates the implication of Bellarmine’s theory for the development of the political and administrative structure of the Roman Curia. The second section of this chapter focuses on Bellarmine’s position on Copernicanism and on the Galileo affair, and it argues that Bellarmine’s opinions on natural philosophy were consistent with his politico-theological view of the Pope as the spiritual and intellectual leader of Christianity. The third and final section of this chapter presents some concluding remarks on the significance of Bellarmine’s theory for our understanding of ‘modern’ notions of power and authority, and it proposes a theoretical reading of Bellarmine’s theory against Carl Schmitt’s notion of territorial sovereignty and Antonio Gramsci’s understanding of hegemony.Less
The final chapter closes back on the Roman Curia, and it explains how, in Bellarmine’s view, the dynamics and mechanics of its power worked. The first section of this chapter illustrates the implication of Bellarmine’s theory for the development of the political and administrative structure of the Roman Curia. The second section of this chapter focuses on Bellarmine’s position on Copernicanism and on the Galileo affair, and it argues that Bellarmine’s opinions on natural philosophy were consistent with his politico-theological view of the Pope as the spiritual and intellectual leader of Christianity. The third and final section of this chapter presents some concluding remarks on the significance of Bellarmine’s theory for our understanding of ‘modern’ notions of power and authority, and it proposes a theoretical reading of Bellarmine’s theory against Carl Schmitt’s notion of territorial sovereignty and Antonio Gramsci’s understanding of hegemony.
Owen Chadwick
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198269229
- eISBN:
- 9780191600456
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198269226.001.0001
- Subject:
- Religion, Church History
This history of the ninteenth‐century popes covers the papacies of Gregory XVI, Pius IX, Leo XIII and Pius X in their religious and political aspects. The period was dominated by the question of ...
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This history of the ninteenth‐century popes covers the papacies of Gregory XVI, Pius IX, Leo XIII and Pius X in their religious and political aspects. The period was dominated by the question of whether the pope could hold political power and the relations of the papacy with the Catholic states of Europe. The major themes of the book are therefore the causes and consequences of the end of the Papal State as an independent power in Italy and the conflicts between the popes and the forces of the Risorgimento, fighting for the unification of Italy under the Piedmontese monarchy. At the same time it discusses the connected challenge of liberal movements in France, Spain and Portugal, and the separate question of the oppression of Catholic Poland by the Russian Empire. It shows how the popes opposed liberalism, democracy, socialism and ’the modern world’ in general, but how this intransigence served to strengthen papal authority among Catholic believers, with mostly unfortunate political consequences. The nuances in the attitude of each individual pope are traced through such major events as the revolutions of 1848, the First Vatican Council, the taking of Rome by Italian nationalists, the Kulturkampf in Germany, and the separation of Church and State in France. Catholic authority became more centralized, demonstrated by the Syllabus of Errors and the doctrine of papal infallibility and the moral demands made by the papacy over such issues as labour relations, marriage and divorce, and religious toleration. Separate chapters discuss the question of religion and national identity in Poland, Spain and Portugal; the fortunes of the religious orders; Catholic universities; the idea of reunion of the Churches; and the making of saints.Less
This history of the ninteenth‐century popes covers the papacies of Gregory XVI, Pius IX, Leo XIII and Pius X in their religious and political aspects. The period was dominated by the question of whether the pope could hold political power and the relations of the papacy with the Catholic states of Europe. The major themes of the book are therefore the causes and consequences of the end of the Papal State as an independent power in Italy and the conflicts between the popes and the forces of the Risorgimento, fighting for the unification of Italy under the Piedmontese monarchy. At the same time it discusses the connected challenge of liberal movements in France, Spain and Portugal, and the separate question of the oppression of Catholic Poland by the Russian Empire. It shows how the popes opposed liberalism, democracy, socialism and ’the modern world’ in general, but how this intransigence served to strengthen papal authority among Catholic believers, with mostly unfortunate political consequences. The nuances in the attitude of each individual pope are traced through such major events as the revolutions of 1848, the First Vatican Council, the taking of Rome by Italian nationalists, the Kulturkampf in Germany, and the separation of Church and State in France. Catholic authority became more centralized, demonstrated by the Syllabus of Errors and the doctrine of papal infallibility and the moral demands made by the papacy over such issues as labour relations, marriage and divorce, and religious toleration. Separate chapters discuss the question of religion and national identity in Poland, Spain and Portugal; the fortunes of the religious orders; Catholic universities; the idea of reunion of the Churches; and the making of saints.
Colin Morris
- Published in print:
- 1991
- Published Online:
- November 2003
- ISBN:
- 9780198269250
- eISBN:
- 9780191600708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198269250.003.0008
- Subject:
- Religion, Church History
The conflict continued, but narrowed to a more specific issue over the lay investiture of bishops. Compromise was negotiated in the Concordat of Worms. The period saw a transformation in the ...
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The conflict continued, but narrowed to a more specific issue over the lay investiture of bishops. Compromise was negotiated in the Concordat of Worms. The period saw a transformation in the administrative structure of the Roman church, with an organized body of cardinals, a chamberlain with financial authority and a chancery within the newly named ‘curia’. The whole period since 1050 had created a heritage of hostility between empire and papacy in place of ancient ideals of co‐operation.Less
The conflict continued, but narrowed to a more specific issue over the lay investiture of bishops. Compromise was negotiated in the Concordat of Worms. The period saw a transformation in the administrative structure of the Roman church, with an organized body of cardinals, a chamberlain with financial authority and a chancery within the newly named ‘curia’. The whole period since 1050 had created a heritage of hostility between empire and papacy in place of ancient ideals of co‐operation.
Owen Chadwick
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198269229
- eISBN:
- 9780191600456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198269226.003.0008
- Subject:
- Religion, Church History
The election of Giuseppe Sarto, archbishop of Venice, as Pius X in 1903 was a surprise in that he had little political or diplomatic experience and knew nothing of the workings of the Curia. He did ...
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The election of Giuseppe Sarto, archbishop of Venice, as Pius X in 1903 was a surprise in that he had little political or diplomatic experience and knew nothing of the workings of the Curia. He did not understand modern thought in science and religious scholarship, and his papacy was marked by a conservatism condemning the modern world and appealing to a loyalty involving the practice of the whole faith of the traditional Church. Pius X's papacy saw the codification of canon law and encouragement of frequent communion, but his reforms of the Curia did not go very far. In France the Dreyfus case and the separation of Church and State caused vehement, sometimes violent, conflict between Catholics and anti‐clericals. The division, which would take years to overcome, was caused by the papacy's earlier condemnation of democracy and socialism, the belief of the French Right that Catholicism was its political strength, the prejudices of some left‐wing politicians, and the centralization of authority which made it impossible for French bishops to ignore the pope's decisions. In Italy the old fight between the pope and the Italian government was now obsolete. It continued on the level of words, but by 1913 Catholics were participating wholeheartedly in Italian politics.Less
The election of Giuseppe Sarto, archbishop of Venice, as Pius X in 1903 was a surprise in that he had little political or diplomatic experience and knew nothing of the workings of the Curia. He did not understand modern thought in science and religious scholarship, and his papacy was marked by a conservatism condemning the modern world and appealing to a loyalty involving the practice of the whole faith of the traditional Church. Pius X's papacy saw the codification of canon law and encouragement of frequent communion, but his reforms of the Curia did not go very far. In France the Dreyfus case and the separation of Church and State caused vehement, sometimes violent, conflict between Catholics and anti‐clericals. The division, which would take years to overcome, was caused by the papacy's earlier condemnation of democracy and socialism, the belief of the French Right that Catholicism was its political strength, the prejudices of some left‐wing politicians, and the centralization of authority which made it impossible for French bishops to ignore the pope's decisions. In Italy the old fight between the pope and the Italian government was now obsolete. It continued on the level of words, but by 1913 Catholics were participating wholeheartedly in Italian politics.
Richard A. Schoenherr
David Yamane (ed.)
- Published in print:
- 2002
- Published Online:
- April 2004
- ISBN:
- 9780195082593
- eISBN:
- 9780199834952
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195082591.003.0011
- Subject:
- Religion, Religion and Society
This chapter continues the discussion on coalitions in the Catholic Church by describing the conservative or priestly coalition. The strength of the conservative coalition is structurally determined ...
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This chapter continues the discussion on coalitions in the Catholic Church by describing the conservative or priestly coalition. The strength of the conservative coalition is structurally determined by the centralized papacy, and to bolster its own structurally (hierarchically) based power, the current papacy is closely allied with the Roman curia, certain conservative segments of national hierarchies, and key theologians. In addition, organized lay groups such as Opus Dei, Comunione e Liberazione, and the Knights of Malta play an important role in the papal coalition. Thus, as the new millennium dawns, the papal coalition is dominant, priestly, conservative – and formidable. The chapter exemplifies this power by accounts of the aborted reforms of the Roman curia, the growing pains of the newly established Synod of Bishops, retrenchment in the appointment and promotion of bishops, and constraints on the autonomy of bishops, scholars, lower clergy, and nuns.Less
This chapter continues the discussion on coalitions in the Catholic Church by describing the conservative or priestly coalition. The strength of the conservative coalition is structurally determined by the centralized papacy, and to bolster its own structurally (hierarchically) based power, the current papacy is closely allied with the Roman curia, certain conservative segments of national hierarchies, and key theologians. In addition, organized lay groups such as Opus Dei, Comunione e Liberazione, and the Knights of Malta play an important role in the papal coalition. Thus, as the new millennium dawns, the papal coalition is dominant, priestly, conservative – and formidable. The chapter exemplifies this power by accounts of the aborted reforms of the Roman curia, the growing pains of the newly established Synod of Bishops, retrenchment in the appointment and promotion of bishops, and constraints on the autonomy of bishops, scholars, lower clergy, and nuns.
Andrew Greeley and Paul Wink
- Published in print:
- 2004
- Published Online:
- May 2012
- ISBN:
- 9780520238176
- eISBN:
- 9780520938779
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520238176.003.0016
- Subject:
- Religion, History of Christianity
The Catholic Revolution began on October 13, 1962. After the free vote for the Members of the Commissions, the Council Fathers began to realize that they could overcome the entrenched power of the ...
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The Catholic Revolution began on October 13, 1962. After the free vote for the Members of the Commissions, the Council Fathers began to realize that they could overcome the entrenched power of the Roman Curia and that they could change the Church in certain important areas like liturgy, ecumenism, the interpretation of scripture, attitudes towards Jews, and religious freedom. With the realization that they had the power to remake the Church, the bishops were swept by ecstasy, effervescence, and an extended moment of collective behavior. They challenged not the authority of the Pope but the power of the Roman Curia because they did not intend to intrude into fundamental doctrines of God, Jesus, Trinity, Eucharist, and life after death. They also did not make any judgments about matters such as birth control, divorce, or masturbation and said nothing of marriage of priests or ordination of women. Yet in fact they did destabilize many of the structures of nineteenth-century Catholicism. In the three decades since the Revolution, the conflict has continued between the leadership which orders, and lower clergy and the laity, which do not in general accept the right of the leadership to give orders on certain issues.Less
The Catholic Revolution began on October 13, 1962. After the free vote for the Members of the Commissions, the Council Fathers began to realize that they could overcome the entrenched power of the Roman Curia and that they could change the Church in certain important areas like liturgy, ecumenism, the interpretation of scripture, attitudes towards Jews, and religious freedom. With the realization that they had the power to remake the Church, the bishops were swept by ecstasy, effervescence, and an extended moment of collective behavior. They challenged not the authority of the Pope but the power of the Roman Curia because they did not intend to intrude into fundamental doctrines of God, Jesus, Trinity, Eucharist, and life after death. They also did not make any judgments about matters such as birth control, divorce, or masturbation and said nothing of marriage of priests or ordination of women. Yet in fact they did destabilize many of the structures of nineteenth-century Catholicism. In the three decades since the Revolution, the conflict has continued between the leadership which orders, and lower clergy and the laity, which do not in general accept the right of the leadership to give orders on certain issues.
Alessandra Asteriti and Christian J. Tams
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0025
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. ...
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This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.Less
This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.
Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.003.0006
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter provides an analysis of the growing case law on the environmentally irresponsible conduct of private companies. It first concentrates on national courts facing claims of international ...
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This chapter provides an analysis of the growing case law on the environmentally irresponsible conduct of private companies. It first concentrates on national courts facing claims of international environmental NGOs and victim groups calling for the direct application of international environmental rules upon private corporations. It then turns to the international level, assessing the extent and the basis upon which human rights monitoring bodies consider the conduct of private companies. The chapter also analyses the legal arguments put forward in the pleadings before national and international courts, and concludes with an assessment of the contribution of this practice to the definition of corporate environmental accountability.Less
This chapter provides an analysis of the growing case law on the environmentally irresponsible conduct of private companies. It first concentrates on national courts facing claims of international environmental NGOs and victim groups calling for the direct application of international environmental rules upon private corporations. It then turns to the international level, assessing the extent and the basis upon which human rights monitoring bodies consider the conduct of private companies. The chapter also analyses the legal arguments put forward in the pleadings before national and international courts, and concludes with an assessment of the contribution of this practice to the definition of corporate environmental accountability.
Peter Partner
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198219958
- eISBN:
- 9780191678394
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198219958.003.0002
- Subject:
- History, European Early Modern History, History of Religion
This chapter discusses the Roman court, which is the household of a bishop, the ceremonial court of a ruler, and the centre of government of the universal church and papal state. The discussion ...
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This chapter discusses the Roman court, which is the household of a bishop, the ceremonial court of a ruler, and the centre of government of the universal church and papal state. The discussion focuses on the prevailing papal civil service in the Roman courts, wherein the lines and boundaries of the functions and duties of the court officials tended to be undefined and indeterminate. The chapter begins by discussing the diplomatic and ecclesiastical functions of the papal consistory, and also discusses the physical number and figures that worked for the Roman curia. It also tackles the modern, as well as the traditional, features of the papal bureaucracy, wherein the ideological basis was traditional, but the methods conformed to contemporary forms of governance.Less
This chapter discusses the Roman court, which is the household of a bishop, the ceremonial court of a ruler, and the centre of government of the universal church and papal state. The discussion focuses on the prevailing papal civil service in the Roman courts, wherein the lines and boundaries of the functions and duties of the court officials tended to be undefined and indeterminate. The chapter begins by discussing the diplomatic and ecclesiastical functions of the papal consistory, and also discusses the physical number and figures that worked for the Roman curia. It also tackles the modern, as well as the traditional, features of the papal bureaucracy, wherein the ideological basis was traditional, but the methods conformed to contemporary forms of governance.
Paul M. Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ...
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The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae (“friend of the court”) briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores the influence of organized interests on the justices' decision making, including their votes in cases and their decisions to author concurrences and dissents. The author develops novel theories to explain how interest groups might shape judicial choice, building on intuitions derived from disciplines as diverse as law, marketing, political science, and social psychology. Utilizing rigorous empirical analyses, Collins provides unequivocal evidence that interest groups play a significant role in shaping the choices justices make, although not necessarily in a manner that is consistent with prevailing views of how the justices render their decisions. The result is a theoretically rich and empirically rigorous treatment of decision making on the nation's highest Court that informs our understanding of interest group litigation, as well as the legal and attitudinal models of judicial choice.Less
The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae (“friend of the court”) briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores the influence of organized interests on the justices' decision making, including their votes in cases and their decisions to author concurrences and dissents. The author develops novel theories to explain how interest groups might shape judicial choice, building on intuitions derived from disciplines as diverse as law, marketing, political science, and social psychology. Utilizing rigorous empirical analyses, Collins provides unequivocal evidence that interest groups play a significant role in shaping the choices justices make, although not necessarily in a manner that is consistent with prevailing views of how the justices render their decisions. The result is a theoretically rich and empirically rigorous treatment of decision making on the nation's highest Court that informs our understanding of interest group litigation, as well as the legal and attitudinal models of judicial choice.
Carol Lansing
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780195149807
- eISBN:
- 9780199849079
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195149807.003.0008
- Subject:
- History, European Medieval History
This chapter examines the ways in which the Orvietan commune, from the mid-1260s on, became identified with the papal curia and the celebration of the Corpus Domini feast. Ecclesiastical and civic ...
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This chapter examines the ways in which the Orvietan commune, from the mid-1260s on, became identified with the papal curia and the celebration of the Corpus Domini feast. Ecclesiastical and civic authority became closely linked: men in high popular office were now more apt to be papal appointees than former Cathars. The town's ceremonies and processions in the late duecento and early trecento linked hierarchy and orthodoxy: in the Corpus Domini play, the town's popular executives, the Seven, accompanied by the clergy, carried the bloody altar cloths that constituted proof of transubstantiation to the pope. On the façade of the new cathedral, Lorenzo Maitani's workshop carved one of the masterpieces of early-14th-century sculpture, reliefs that portrayed in detail the sanctity of physical creation.Less
This chapter examines the ways in which the Orvietan commune, from the mid-1260s on, became identified with the papal curia and the celebration of the Corpus Domini feast. Ecclesiastical and civic authority became closely linked: men in high popular office were now more apt to be papal appointees than former Cathars. The town's ceremonies and processions in the late duecento and early trecento linked hierarchy and orthodoxy: in the Corpus Domini play, the town's popular executives, the Seven, accompanied by the clergy, carried the bloody altar cloths that constituted proof of transubstantiation to the pope. On the façade of the new cathedral, Lorenzo Maitani's workshop carved one of the masterpieces of early-14th-century sculpture, reliefs that portrayed in detail the sanctity of physical creation.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This introductory chapter provides an outline of the book. It begins with a meticulous overview of existing studies of amici curiae, concluding that previous research has failed to establish whether ...
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This introductory chapter provides an outline of the book. It begins with a meticulous overview of existing studies of amici curiae, concluding that previous research has failed to establish whether amicus curiae briefs influence decision making on the Supreme Court. It then describes how the current interdisciplinary scholarship seeks to rectify the confusion regarding amicus influence by scientifically analyzing interest group influence on the Supreme Court in terms of: 1) the ideological direction of the individual justices' voting behavior; 2) the consistency of that voting behavior; and 3) the justices' decisions to author or join concurring and dissenting opinions.Less
This introductory chapter provides an outline of the book. It begins with a meticulous overview of existing studies of amici curiae, concluding that previous research has failed to establish whether amicus curiae briefs influence decision making on the Supreme Court. It then describes how the current interdisciplinary scholarship seeks to rectify the confusion regarding amicus influence by scientifically analyzing interest group influence on the Supreme Court in terms of: 1) the ideological direction of the individual justices' voting behavior; 2) the consistency of that voting behavior; and 3) the justices' decisions to author or join concurring and dissenting opinions.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter presents an overview of interest group litigation. It discusses interest groups' decisions to litigate, the various methods of interest group litigation, and the goals of interest groups ...
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This chapter presents an overview of interest group litigation. It discusses interest groups' decisions to litigate, the various methods of interest group litigation, and the goals of interest groups using the judiciary as an outlet for social change.Less
This chapter presents an overview of interest group litigation. It discusses interest groups' decisions to litigate, the various methods of interest group litigation, and the goals of interest groups using the judiciary as an outlet for social change.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter contains a detailed discussion of amicus curiae participation in the courts. It discusses the genesis of the amicus curiae in Roman law, to its current incarnation in the American legal ...
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This chapter contains a detailed discussion of amicus curiae participation in the courts. It discusses the genesis of the amicus curiae in Roman law, to its current incarnation in the American legal system. It provides a treatment of the rules and norms governing amicus participation, presents empirical evidence regarding the frequency of amicus participation and the wide array of groups that file amicus curiae briefs, and analyzes the types of information interest groups provide Supreme Court justices. The chapter also discusses whether interest group participation in the Supreme Court is most consistent with pluralist or elitist theories of interest groups.Less
This chapter contains a detailed discussion of amicus curiae participation in the courts. It discusses the genesis of the amicus curiae in Roman law, to its current incarnation in the American legal system. It provides a treatment of the rules and norms governing amicus participation, presents empirical evidence regarding the frequency of amicus participation and the wide array of groups that file amicus curiae briefs, and analyzes the types of information interest groups provide Supreme Court justices. The chapter also discusses whether interest group participation in the Supreme Court is most consistent with pluralist or elitist theories of interest groups.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court. It expands ...
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This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court. It expands on our conceptions of both of the legal and attitudinal models by illustrating how the influence of amicus briefs fits squarely in-line with these divergent views of the choices justices make, in addition to constructing two general and competing theories as to how political actors process persuasive communication. The chapter considers amicus briefs as sources of legal and political information and examines whether their influence is mediated by judicial ideology (that is, dependent upon the congruence of the information in the briefs with the policy preferences of the justices), building on the cognitive response model developed in social psychology. The hypotheses are subjected to empirical scrutiny using data on the ideological direction of the individual justices' votes from 1946-2001.Less
This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court. It expands on our conceptions of both of the legal and attitudinal models by illustrating how the influence of amicus briefs fits squarely in-line with these divergent views of the choices justices make, in addition to constructing two general and competing theories as to how political actors process persuasive communication. The chapter considers amicus briefs as sources of legal and political information and examines whether their influence is mediated by judicial ideology (that is, dependent upon the congruence of the information in the briefs with the policy preferences of the justices), building on the cognitive response model developed in social psychology. The hypotheses are subjected to empirical scrutiny using data on the ideological direction of the individual justices' votes from 1946-2001.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the influence of amicus curiae briefs on the variability in judicial decision making. It begins by explaining the importance of understanding the consistency of judicial choice, ...
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This chapter examines the influence of amicus curiae briefs on the variability in judicial decision making. It begins by explaining the importance of understanding the consistency of judicial choice, both normatively and empirically. It argues that amicus briefs serve to attenuate the justices' reliance on their attitudes, thus increasing the ambiguity in the justices' already uncertain decision making, leading to more variable behavior. That is, by raising new issues in the Court and persuading the justices to adopt positions that are attitudinally-incongruent, amicus briefs confound the certainty surrounding the justices' perspectives as to the correct application of the law in a case. This hypothesis is subjected to empirical testing using data on the ideological direction of the individual justices' votes from 1946-2001.Less
This chapter examines the influence of amicus curiae briefs on the variability in judicial decision making. It begins by explaining the importance of understanding the consistency of judicial choice, both normatively and empirically. It argues that amicus briefs serve to attenuate the justices' reliance on their attitudes, thus increasing the ambiguity in the justices' already uncertain decision making, leading to more variable behavior. That is, by raising new issues in the Court and persuading the justices to adopt positions that are attitudinally-incongruent, amicus briefs confound the certainty surrounding the justices' perspectives as to the correct application of the law in a case. This hypothesis is subjected to empirical testing using data on the ideological direction of the individual justices' votes from 1946-2001.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter investigates whether amicus curiae briefs contribute to a justice's decision to write or join a regular concurring, special concurring, or dissenting opinion. It begins with a discussion ...
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This chapter investigates whether amicus curiae briefs contribute to a justice's decision to write or join a regular concurring, special concurring, or dissenting opinion. It begins with a discussion of the importance of understanding separate opinion writing, focusing specifically on how this type of dissensus serves to highlight weaknesses in the majority opinion, presents avenues to distinguish the majority opinion for future litigation, in addition to softening disappointment with the Court's majority opinion by illustrating to members of the thwarted public that their position is supported by at least a minority of the Court. It then argues that, by providing the justices with myriad information regarding the potential legal and policy ramifications of a decision, amicus briefs create ambiguity in the justices' already uncertain decision making. This hypothesis is empirically tested by examining justices' decisions to author or join regular concurring, special concurring, and dissenting opinions during the 1946-2001 terms.Less
This chapter investigates whether amicus curiae briefs contribute to a justice's decision to write or join a regular concurring, special concurring, or dissenting opinion. It begins with a discussion of the importance of understanding separate opinion writing, focusing specifically on how this type of dissensus serves to highlight weaknesses in the majority opinion, presents avenues to distinguish the majority opinion for future litigation, in addition to softening disappointment with the Court's majority opinion by illustrating to members of the thwarted public that their position is supported by at least a minority of the Court. It then argues that, by providing the justices with myriad information regarding the potential legal and policy ramifications of a decision, amicus briefs create ambiguity in the justices' already uncertain decision making. This hypothesis is empirically tested by examining justices' decisions to author or join regular concurring, special concurring, and dissenting opinions during the 1946-2001 terms.
Paul M Collins
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372144
- eISBN:
- 9780199870813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372144.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This concluding chapter reviews the key findings presented throughout the book. It first discusses the empirical findings regarding interest group participation in the Supreme Court and their ...
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This concluding chapter reviews the key findings presented throughout the book. It first discusses the empirical findings regarding interest group participation in the Supreme Court and their normative implications. Next, the main results of the models of amicus influence are reviewed, paying careful attention to their implications for our empirical and normative understanding of judicial decision making. It is argued that the results be interpreted to imply that the law matters to Supreme Court justices in that the legal persuasion presented to the justices in the form of amicus curiae briefs is capable of inducing the justices to cast votes against their attitudinal predispositions. The chapter then reviews alternative interpretations of the empirical findings presented throughout the book and offers suggestions for future research.Less
This concluding chapter reviews the key findings presented throughout the book. It first discusses the empirical findings regarding interest group participation in the Supreme Court and their normative implications. Next, the main results of the models of amicus influence are reviewed, paying careful attention to their implications for our empirical and normative understanding of judicial decision making. It is argued that the results be interpreted to imply that the law matters to Supreme Court justices in that the legal persuasion presented to the justices in the form of amicus curiae briefs is capable of inducing the justices to cast votes against their attitudinal predispositions. The chapter then reviews alternative interpretations of the empirical findings presented throughout the book and offers suggestions for future research.