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DOMINIUM AS FOUNDATION OF WYCLIF’S POLITICAL AND ECCLESIOLOGICAL VISION

Stephen E. Lahey

in John Wyclif

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195183313
eISBN:
9780199870349
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183313.003.0007
Subject:
Religion, History of Christianity

The resolution of the problems threatening Christianity and the church lay, Wyclif argued, in the hands of the civil lord, who ought take absolute control of all temporal affairs of the church, ... More


Natural liberty

Annabel S. Brett

in Changes of State: Nature and the Limits of the City in Early Modern Natural Law

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141930
eISBN:
9781400838622
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141930.003.0005
Subject:
History, American History: early to 18th Century

This chapter examines the juridical status of natural liberty within legal humanist and Aristotelian thinking. Within the broadly Aristotelian political literature, there are two places where the ... More


Lordship: The Problem of Dominium

J. H. Burns

in Lordship, Kingship, and Empire: The Idea of Monarchy 1400-1525 (The Carlyle Lectures 1988)

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198202066
eISBN:
9780191675133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202066.003.0002
Subject:
History, European Medieval History

The origins and development of dominium in the 15th century was devoid of political connotation and application. In the 15th century, the concepts of lordship and dominium were nothing but ... More


Lordship and Kingship: France and England

J. H. Burns

in Lordship, Kingship, and Empire: The Idea of Monarchy 1400-1525 (The Carlyle Lectures 1988)

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198202066
eISBN:
9780191675133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202066.003.0003
Subject:
History, European Medieval History

This chapter discusses theories of monarchy and kingship from 15th-century France and England within the context of crisis and dominium. In this chapter, the Tractatus and the Contra rebelles suorum ... More


Theology and Politics

John Ireland and John Mair

in The True Law of Kingship: Concepts of Monarchy in Early-Modern Scotland

Published in print:
1996
Published Online:
October 2011
ISBN:
9780198203841
eISBN:
9780191676017
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198203841.003.0002
Subject:
History, British and Irish Early Modern History

John Ireland was the most distinguished theologian in Scotland since Duns Scotus. For the last dozen years of his life, Ireland turned away from the academic world, but not from theology. Two ... More


The Life of Virtue—Giles of Rome, James of Viterbo, and John of Paris

M. S. KEMPSHALL

in The Common Good in Late Medieval Political Thought

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198207160
eISBN:
9780191677526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198207160.003.0011
Subject:
History, European Medieval History, History of Ideas

This chapter discusses the disputations between Philip IV and Boniface VIII when the latter prohibited all taxation of the church which did not have his prior consent, and, more seriously, when the ... More


The Political Theology of Trade Law: The Scholastic Contribution

Martti Koskenniemi

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0009
Subject:
Law, Public International Law

In his massive opus on legal and political theory, the Jesuit Francisco Suárez (1548–1617) addresses at great length the distinction between natural law and the jus gentium (law of nations). The ... More


The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile

Thomas Rüfner

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0015
Subject:
Law, Legal History

This chapter analyses Bartolus de Saxoferrato's definition of ownership in context, showing the anachronism of many modern interpretations of it. It argues that, properly understood, Bartolus' ... More


Accession by Building

C. G. Van Der Merwe

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

The Scots concept of accession by building has its roots in Roman law. Unfortunately, the sources on inaedificatio as an original mode of acquisition of property deal primarily with remedies and ... More


Justifications and Discussions

Susan Reynolds

in Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good

Published in print:
2010
Published Online:
July 2014
ISBN:
9780807833537
eISBN:
9781469604282
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895863_reynolds.7
Subject:
Law, Legal History

This chapter examines justifications and arguments on the principle of expropriation of land for the common good in Europe and North America between the twelfth and eighteenth centuries. It discusses ... More


The Value of History: Languages, Records, and Laws

Robert K. Batchelor

in London: The Selden Map and the Making of a Global City, 1549-1689

Published in print:
2014
Published Online:
May 2014
ISBN:
9780226080659
eISBN:
9780226080796
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226080796.003.0004
Subject:
History, European Early Modern History

John Selden’s Mare Clausum (ca 1618 / 1635) and his London collection of manuscripts, including the Selden Map (ca. 1619) mark important shifts in attempts by those in the circles of London’s Inns of ... More


Popular Sovereignty in Early Modern Constitutional Thought

Daniel Lee

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198745167
eISBN:
9780191806094
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198745167.001.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

Popular sovereignty—the doctrine that the public powers of the state originate in a concessive grant of power from ‘the people’—is perhaps the cardinal doctrine of modern constitutional theory. Its ... More


Gold: A Problematic Standard

in New World Gold: Cultural Anxiety and Monetary Disorder in Early Modern Spain

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226856186
eISBN:
9780226856193
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226856193.003.0004
Subject:
History, European Early Modern History

This chapter examines the practices and discourses of value generated by the quest for gold. It discusses the organization of ethnographic discourse in relation to the Canary Islands and the ... More


International Law and Religion: No Stable Ground

Martti Koskenniemi

in International Law and Religion: Historical and Contemporary Perspectives

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.003.0001
Subject:
Law, Public International Law, Legal History

This chapter introduces the themes and the chapters of the book. It points out that there has been no clear tradition of research on the relations of ‘international law’ and ‘religion’. Hence, for ... More


Popular Resistance and Popular Sovereignty: Roman Law and the Monarchomach Doctrine of Popular Sovereignty

Daniel Lee

in Popular Sovereignty in Early Modern Constitutional Thought

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198745167
eISBN:
9780191806094
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198745167.003.0005
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

The chapter examines the Huguenot theory of popular sovereignty in two of the major Monarchomach tracts of the 1570s: François Hotman’s Francogallia and Philippe Du Plessis-Mornay’s Vindiciae Contra ... More


Restraint of Trade and Freedom

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0007
Subject:
Law, Company and Commercial Law

This chapter argues that on the republican view of contract law, freedom resides not in absence of interference per se (the liberal position), but rather in the absence of arbitrary interference or ... More


Property in Land in Roman Provinces

Georgy Kantor

in Legalism: Property and Ownership

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198813415
eISBN:
9780191851704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198813415.003.0003
Subject:
Law, Legal History

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and ... More


Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times

Kirstin Bunge

in System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198768586
eISBN:
9780191821974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198768586.003.0003
Subject:
Law, Public International Law

This chapter argues that on the threshold of modernity, Vitoria’s jus gentium created a general framework for a legal order between people and nations. It shows how under the changing conditions of ... More


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