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• catalog abstract ""Power and rights: the power of the prince and the rights of his subjects. In the legal thought of the medieval and early modern periods, these two terms are in almost constant conflict. Now thanks to Kenneth Pennington's masterful account of the four-century struggle, we can watch as the outlines of Western jurisprudence take shape." "Pennington uses the writings of many jurists, from Bulgarus and Martinus in the twelfth century to Jean Bodin in the sixteenth, to bring into focus this basic tension underlying the entire history of law and government. His exploration of the ius commune, the common law of Europe with roots in Roman and canon law, permits us to follow the evolving ideas of monarchy and power as these became more and more "absolute." At the same time, we see that a formidable succession of legal theories and arguments advanced the rights of subjects or citizens, assuring that "absolute power" could never exist in fact. Pennington illuminates this paradox with elegance and erudition as he follows the changing conceptions of law." "The fact that the same legal minds that created the doctrine of absolute power of the prince also, and in the same period of time, fashioned the first doctrine of inalienable rights in the West is no more surprising than another of Pennington's conclusions. He finds that the concept of due process, so central to Western legal thought, did not have its origins in England as is generally believed. The first jurist to write "a man is innocent until proven guilty" was not a sturdy Anglo-Saxon but most probably a French jurist of the late thirteenth century." "This ground-breaking discussion of the concurrent development of two crucial themes in the Western legal tradition and their place in the foundations of contemporary thought will greatly interest students of political theory as well as legal historians."--BOOK JACKET.".
• catalog contributor b4042221.
• catalog created "c1993.".
• catalog date "1993".
• catalog date "c1993.".
• catalog dateCopyrighted "c1993.".
• catalog description ""Power and rights: the power of the prince and the rights of his subjects. In the legal thought of the medieval and early modern periods, these two terms are in almost constant conflict. Now thanks to Kenneth Pennington's masterful account of the four-century struggle, we can watch as the outlines of Western jurisprudence take shape." "Pennington uses the writings of many jurists, from Bulgarus and Martinus in the twelfth century to Jean Bodin in the sixteenth, to bring into focus this basic tension underlying the entire history of law and government. His exploration of the ius commune, the common law of Europe with roots in Roman and canon law, permits us to follow the evolving ideas of monarchy and power as these became more and more "absolute." At the same time, we see that a formidable succession of legal theories and arguments advanced the rights of subjects or citizens, assuring that "absolute power" could never exist in fact. Pennington illuminates this paradox with elegance and erudition as he follows the changing conceptions of law." "The fact that the same legal minds that created the doctrine of absolute power of the prince also, and in the same period of time, fashioned the first doctrine of inalienable rights in the West is no more surprising than another of Pennington's conclusions. He finds that the concept of due process, so central to Western legal thought, did not have its origins in England as is generally believed. The first jurist to write "a man is innocent until proven guilty" was not a sturdy Anglo-Saxon but most probably a French jurist of the late thirteenth century." "This ground-breaking discussion of the concurrent development of two crucial themes in the Western legal tradition and their place in the foundations of contemporary thought will greatly interest students of political theory as well as legal historians."--BOOK JACKET.".
• catalog description "Includes bibliographical references (p. 291-324) and index.".
• catalog description "The emperor is lord of the world: the Bolognese lawyers and imperial ideology -- The prince's power and authority 1150-1270: the contribution of the canonists -- The power of the prince in the Thirteenth and Fourteenth Centuries -- Natural law and positive law: due process and the prince -- Henry VII and Robert of Naples -- The authority of the prince in the late Middle Ages -- The Pazzi Conspiracy and the jurists -- Epilogue: The Sixteenth Century and beyond.".
• catalog extent "xiii, 335 p. ;".
• catalog identifier "0520079957 (alk. paper)".
• catalog issued "1993".
• catalog issued "c1993.".
• catalog language "eng".
• catalog publisher "Berkeley : University of California Press,".
• catalog subject "340/.11 20".
• catalog subject "K3334 .P46 1993".
• catalog subject "Kings and rulers History.".
• catalog subject "Law, Medieval.".
• catalog subject "Monarchy History.".
• catalog subject "Prerogative, Royal History.".
• catalog subject "Prerogatives, Royal History.".
• catalog subject "Roman law Influence.".
• catalog subject "Rule of law History.".
• catalog subject "Sovereignty History".
• catalog subject "Western Europe".
• catalog tableOfContents "The emperor is lord of the world: the Bolognese lawyers and imperial ideology -- The prince's power and authority 1150-1270: the contribution of the canonists -- The power of the prince in the Thirteenth and Fourteenth Centuries -- Natural law and positive law: due process and the prince -- Henry VII and Robert of Naples -- The authority of the prince in the late Middle Ages -- The Pazzi Conspiracy and the jurists -- Epilogue: The Sixteenth Century and beyond.".
• catalog title "The prince and the law, 1200-1600 : sovereignty and rights in the western legal tradition / Kenneth Pennington.".
• catalog type "text".