A State Like Any Other? The Fourteenth-Century Papal Patrimony Through The Eyes of Roman Law Jurists

1991 ◽  
Vol 9 ◽  
pp. 245-260
Author(s):  
Joseph Canning
Keyword(s):  
Early Modern ◽  
Fourteenth Century ◽  
State Power ◽  
Uneven Development ◽  
The State ◽  
Roman Law ◽  
Modern State ◽  
True Nature ◽  
Early Stages ◽  
Human Institution

In the fourteenth century, and notably under Cardinal Albornoz, the papal patrimony began its uneven development into a form of early modern state. As Paolo Prodi has pointed out, these early stages, although interrupted by retrogression caused by the Great Schism, served as the foundations for the construction of the state of the Renaissance papacy. In reality, the popes exercised sovereignty in a state whose origin and nature were essentially temporal: to this extent their regnum was no different from those of secular monarchs. There was, however, a problem impeding the perception of the true nature of the growth of papal state power: a certain ambiguity hung over the papal lands in that the papacy justified its rule both by hierocratic arguments and by reference to grants of jurisdiction from emperors and kings. The spiritual office of the popes could obscure the fact of the kind of state of which they were the sovereign. In the works of the fourteenth-century Commentators on the Roman law, however, there gradually emerged a clear recognition of the direction which the papacy was taking: that the Patrimony of St Peter was no more and no less than a state created by human institution.

The Archive as a “Collective Project”

2017 ◽  
Vol 49 (3) ◽  
pp. 529-533
Author(s):  
Nilay Özok-Gündoğan
Keyword(s):  
19Th Century ◽  
State Government ◽  
State Power ◽  
The State ◽  
Modern State ◽  
Late 19Th Century ◽  
Governmental Body ◽  
National Memory ◽  
History Of ◽  
A Site

The history of the archive is the history of the state. Or so say conventional approaches to the archives. Until recently, the archive has been seen solely as a site, or rather a repository, of modern state power and governmentality, and a crucial medium for the making and preservation of national memory in the late 19th century. There is a truth to this state-centric perspective: the archive was conceived as a place where governments keep their records; they usually contain a term such as “state,” “government,” or “national” in their names; and they are often funded by and connected to a governmental body.

Introduction

2019 ◽  
pp. 1-25
Author(s):  
Igor Fedyukin
Keyword(s):  
Early Modern ◽  
The State ◽  
The Self ◽  
Modern State ◽  
Modes Of Operation ◽  
Modern Politics ◽  
Traditional Image

The Introduction defines the notion of “administrative entrepreneurship” and outlines the role the “administrative entrepreneurs” played in building the infrastructure of the early modern state, including schools. Recent historiography has tended to question the traditional image of the “absolutist” state as a powerful unified actor, stressing instead the limits of the rulers’ actual power, the role of social compromises, and the pervasiveness of unofficial clans and patronage networks that structured early modern politics in Europe and elsewhere. Scholars also emphasize the premodern, patrimonial character of bureaucracy in that era. Against this backdrop, the Introduction argues that it might have been the self-seeking projectors who drove the invention and expansion of the state as they strove to invent jobs for themselves and to promote their agendas. The chapter introduces three types of “administrative entrepreneurs”—the “experts,” the “ministers,” and the “functionaries”—and outlines their respective modes of operation.

scholarly journals The Volatile State in Southeast Asia: Evidence from Sumatra, 1600–1800

2003 ◽  
Vol 62 (2) ◽  
pp. 497-529 ◽  
Author(s):  
Freek Colombijn
Keyword(s):  
Southeast Asia ◽  
Early Modern ◽  
State Formation ◽  
State Power ◽  
Southeast Asian ◽  
The State ◽  
Central State ◽  
Seminal Work ◽  
Clifford Geertz ◽  
State Capital

The communis opinio of historians is that early modern, or precolonial, states in Southeast Asia tended to lead precarious existences. The states were volatile in the sense that the size of individual states changed quickly, a ruler forced by circumstances moved his state capital, the death of a ruler was followed by a dynastic struggle, or a local subordinate head either ignored or took over the central state power; in short, states went through short cycles of rise and decline. Perhaps nobody has helped establish this opinion more than Clifford Geertz (1980) with his powerful metaphor of the “theatre state.” Many scholars have preceded and followed him in their assessment of the shakiness of the state (see, for example, Andaya 1992, 419; Bentley 1986, 292; Bronson 1977, 51; Hagesteijn 1986, 106; Milner 1982, 7; Nagtegaal 1996, 35, 51; Reid 1993, 202; Ricklefs 1991, 17; Schulte Nordholt 1996, 143–48). The instability itself was an enduring phenomenon. Most polities existed in a state of flux, oscillating between integration and disintegration, a phenomenon which was first analyzed for mainland Southeast Asia by Edmund Leach (1954) in his seminal work on the Kachin chiefdoms. This alternation of state formation and the breaking up of kingdoms has been called the “ebb and flow of power” and the “rhythm” of Malay history (Andaya and Andaya 1982, 35). In this article, I will probe into the causes of the volatility of the Southeast Asian states, using material from Sumatra to make my case.

Ruler and state, state and society in Ottoman political thought

2013 ◽  
Vol 4 (1) ◽  
pp. 83-117 ◽  
Author(s):  
Marinos Sariyannis
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
Political Thought ◽  
The State ◽  
Modern State ◽  
State Apparatus ◽  
State And Society

It can be argued that the late seventeenth century marks the transition of the Ottoman entity into an early modern state, with one of its main features identified as the distinction between the ruler and the state apparatus. The paper aims to explore whether, when and how such a process reflected in contemporary political thought. It analyzes the ways Ottoman elite authors represented society vis-à-vis the sultan; also, the development of the notion of “state” in the same authors and how it came to be considered different from that of the “ruler”.

scholarly journals The State in a Globalization: The Context of Transformation

2020 ◽  
Vol 11 (11) ◽  
pp. 84-90
Author(s):  
Balaklytskyi A.
Keyword(s):  
State Government ◽  
Rapid Development ◽  
State Power ◽  
Specific Model ◽  
The State ◽  
Political Regime ◽  
The Political ◽  
Practical Implementation ◽  
Modern State ◽  
Public Authorities

The article on the theoretical level explores the peculiarities of the transformation of the nation state in conditions of globalization in the context of contemporary realities. It is emphasized that globalization with varying strengths and intensities, that is, has uneven effects on the state and its components. In particular, if we take the form of the state, which includes the form of government, the form of state administrative-and-territorial system and political regime, then, given the empirical material of recent decades, we can conclude that globalization has a significant impact primarily on a political regime that is increasingly transformed towards the democratization and liberalization of public life. At the same time, globalization exerts less influence on such constituent forms of the state as the form of state government and the form of state administrative-and-territorial system, which is conditioned, among other things, by the specific nature of the latter. In particular, in the conditions of globalization, the form of state government of a modern state is transformed primarily in the context of the dynamics of the functioning of the system of higher power institutions in the state, and not in the context of a specific way of existence and expression of the system of supreme bodies of state power. At the same time, globalization affects on the development of democratic foundations of the organization and functioning of the system of public authorities, contributing to ensuring the practical implementation of the rule of law, regardless of the specific model of government (monarchy or republic), whose presence in the state is associated with a certain historical tradition of its development and level of its perception in the mass consciousness in society. Influencing on the form of state administrative-and-territorial system, globalization facilitates processes of regionalization as a complex process of redistribution of administrative powers between the state and its administrative-territorial units, as a result of which new governmental and institutional forms are gradually being formed, corresponding to the new role of regional state formations in the decision-making process at national and supranational levels. In addition, in the context of globalization, the democratic model of the political regime acquires special features related to the formation and functioning of supranational institutions and associations, within which the political domination of nation-states gradually moves to a new level, the ultimate stage of which is global governance. Also, globalization not only causes the corresponding transformations of the content of the traditional functions of the state, in particular, economic, political, social, etc., but also creates the appropriate prerequisites for the rapid development of new functions, the content of which previously had no independent meaning and was considered mainly as an integral part of some other function of the state (for example, the environmental and information functions of the modern state). Thus, it is concluded that the transformation of the state in the conditions of globalization is systemic and, at the same time, contradictory, because, on the one hand, it manifests itself both at the level of all its constituent elements of its form and at the level of the dynamics of its concrete activity within certain temporal and spatial limits (functions of the state), and on the other – it intensifies the multi-vector processes and even the tendencies of development of both individual constituents of the form of the state (for example, the form of the state administrative-and-territorial system) and the functions of the state, in particular, economic and social. Keywords: state, globalization, form of the state, functions of the state, political regime, democracy, state power

Chattel Property Rules and the Construction of Englishness, 1660–1800

1994 ◽  
Vol 12 (1) ◽  
pp. 123-153 ◽  
Author(s):  
Susan Staves
Keyword(s):  
Early Modern ◽  
Joint Venture ◽  
Private Property ◽  
Early Modern England ◽  
The State ◽  
Modern State ◽  
Property Law ◽  
Property Ownership ◽  
Rule Changes ◽  
Ownership Rights

To think of property as “things” owned by “persons” may be to miss a more interesting relation in which personhood itself can be constructed out of ownership rights, especially out of what a particular person is privileged or forbidden to own. Moreover, what is sometimes thought of as “private property” might more accurately be understood as the product of a joint venture engaged in by both individuals and the state. Now, instead of personhood and property existing outside of and independent of the state, both are significantly creatures of the modern state. In early modern England we can see the extent to which “England” and “Englishness” were themselves invented through rules of ownership and through the state's use of rules of ownership to project and to enforce certain ideas of desirable Englishness. A wide variety of statutory changes in the rules of property ownership conferred ownership rights on some persons previously lacking them and took away ownership rights from other persons previously possessing them; these rule changes were intended to promote certain kinds of personhood judged desirable by the legislature and to stigmatize and limit other kinds. Since early modern politicians and social theorists were quite self-conscious about the relations between property law and social structure, it is often possible to discern in the rule changes and in the debates about them what contemporaries supposed the ideological implications of the legal changes they advocated or resisted were.

Agents beyond the State

2020 ◽  
Author(s):  
Mark Netzloff
Keyword(s):  
Early Modern ◽  
Social Relations ◽  
Early Modern Period ◽  
Theoretical Models ◽  
The State ◽  
Modern State ◽  
Professional Lives ◽  
Dutch Revolt ◽  
The Social

The early modern period is often seen as a pivotal stage in the emergence of a recognizably modern form of the state. In Agents Beyond the State, Mark Netzloff returns to this context in order to examine the literary and social practices through which the early modern state was constituted. The state was defined not through the elaboration of theoretical models of sovereignty but rather as an effect of the literary and professional lives of its extraterritorial representatives. Netzloff focuses on the textual networks and literary production of three groups of extraterritorial agents: travelers and intelligence agents, mercenaries, and diplomats. These figures reveal the extent to which the administration of the English state as well as definitions of national culture were shaped by England’s military, commercial, and diplomatic relations in Europe and other regions across the globe. Agents Beyond the State emphasizes these transnational contexts of early modern state formation, from the Dutch Revolt and relations with Venice to the role of Catholic exiles and nonstate agents in diplomacy and international law. These global histories of travel, service, and labor additionally transformed definitions of domestic culture, from the social relations of classes and regions to the private sphere of households and families. Literary writing and state service were interconnected in the careers of Fynes Moryson, George Gascoigne, and Sir Henry Wotton, among others. As they entered the realm of print and addressed a reading public, they introduced the practices of governance to an emerging public sphere.

Police Functions and Public Order

2016 ◽  
Author(s):  
Christopher J. Fuhrmann
Keyword(s):  
Roman Empire ◽  
Law Enforcement ◽  
Social Order ◽  
Early Republic ◽  
State Power ◽  
The State ◽  
Roman Law ◽  
Public Order ◽  
State Institutions ◽  
Self Help

This chapter surveys and analyses major trends in Roman law enforcement and approaches to public order. Chronological coverage runs from the early Republic through later Antiquity, but especially concentrates on the late Republic and early Principate. The overall focus is on society’s responses to perceived challenges to public order, and the state institutions which engaged in policing in Rome, Italy and the provinces of the Roman Empire. While non-institutional self-help was important, emperors, governors, city magistrates, and other power-holders frequently turned to institutional policing to counter crime and threats to social order or state power. Scrutinizing Roman attempts to reinforce public order highlights often overlooked ambitions of the Roman state.

scholarly journals Fungsi Falsafah Negara Dalam Penerapan Konsep Negara Hukum

2014 ◽  
Vol 2 (1) ◽  
Author(s):  
Ibnu Sina Chandranegara
Keyword(s):  
Critical Analysis ◽  
State Power ◽  
The State ◽  
The Other ◽  
Modern State ◽  
State Law ◽  
State Laws ◽  
Other Hand ◽  
Basic Law

Abstract: The function of Philosophy State; The application Concept in State laws. One form of the modern state is a state law that is considered more modern and humane in comparison with ancient conception of the state power. However, not all countries have expressed and declared its country as having a basic law of the state or country state philosophy. Preferred the birth of Pancasila as the state, on the other hand the whole constitution in force ever and always include Pancasila and state law as the concept of the Indonesian state. This paper focuses on a critical analysis of the functioning of the state philosophy in the application of state law in the Indonesian context. Abstrak: Fungsi Falsafah Negara Dalam Penerapan Konsep Negara hukum. Salah satu bentuk negara modern adalah negara hukum yang dianggap lebih modern dan manusiawi dibandingkan dengan konsepsi kuno mengenai negara kekuasaan. Namun tidak semua negara yang menyatakan dan mendeklarasikan dirinya sebagai negara hukum mempuntai dasar negara atau falsafah negara. Pancasila kelahirannya sudah dikehendaki sebagai dasar negara, disisi lain seluruh konstitusi yang pernah dan sedang berlaku selalu mencantumkan pancasila dan negara hukum sebagai konsep negara Indonesia. Tulisan ini menfokuskan terhadap analisis kritis tentang fungsi falsafah negara dalam penerapan negara hukum dalam konteks Indonesia. DOI: 10.15408/jch.v1i1.1448

scholarly journals Challenging the Sovereign: Three Types of Early Modern Federal Theory

Politik ◽  
2016 ◽  
Vol 19 (3) ◽  
Author(s):  
Jan Smolenski
Keyword(s):  
Early Modern ◽  
The State ◽  
Modern State ◽  
Bottom Up ◽  
Ideal Types ◽  
Political Effect ◽  
Compare And Contrast ◽  
Normative Implications

In this paper, I develop three ideal types of early modern federal theories: sovereignty relativizing federalism, sovereignty pooling federalism, and bottom-up federalism. Each of these types respond to a different political effect of the development of the modern state: organ sovereignty, hostile geopolitical environment, and disempowerment of the society as a corollary to organ sovereignty, respectively. Each of these types conceives of the federation as an alternative to the state. I compare and contrast these types along the lines of implementation of the federal principle of self- and shared rule, the criteria of evaluation of federal arrangements, and the normative implications.

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