Search Results

The Church as Cultural Space

Peter Coss

in The Foundations of Gentry Life: The Multons of Frampton and their World 1270-1370

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 ... More

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

The Beginnings of Urbanization in Rome

Christopher Smith

in Mediterranean Urbanization 800-600 BC

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 ... More

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

Robert Bellarmine and the Catholic Church: Questions of Power and Authority

Stefania Tutino

in Empire of Souls: Robert Bellarmine and the Christian Commonwealth

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 ... More

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

Pope Pius X (1903–1914)

Owen Chadwick

in A History of the Popes 1830-1914

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 ... More

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

Priestly Coalition

Richard A. Schoenherr

David Yamane (ed.)

in Goodbye Father: The Celibate Male Priesthood and the Future of the Catholic Church

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 ... More

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

Conclusion

Andrew Greeley and Paul Wink

in The Catholic Revolution: New Wine, Old Wineskins, and the Second Vatican Council

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 ... More

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

Transparency and Representation of the Public Interest in Investment Treaty Arbitration

Alessandra Asteriti and Christian J. Tams

in International Investment Law and Comparative Public 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. ... More

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

A Contribution of Human Rights Monitoring Bodies?

Elisa Morgera

in Corporate Accountability in International Environmental 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 ... More

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

Corpus Domini and the Creation of Adam and Eve

Carol Lansing

in Power & Purity: Cathar Heresy in Medieval Italy

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 ... More

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

Introduction

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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 ... More

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

Interest Group Litigation

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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 ... More

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

Amicus Curiae Participation in the Supreme Court

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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 ... More

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

Amici Curiae and Judicial Decision Making

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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 ... More

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

Amici Curiae and the Consistency

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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, ... More

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

Amici Curiae and Dissensus on the Supreme Court

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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 ... More

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

Conclusions and Implications

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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 ... More

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