Sovereignty

Author(s):  
Luke Sunderland

This chapter argues that political thinkers across Europe in the twelfth to fourteenth centuries were negotiating the paradoxes of sovereignty when they elaborated distinctions between kingship and tyranny. New concepts of the just war, necessity, and treason conspired to allow sovereigns to crush opposition or abrogate full powers, suspending the laws. Any king, then, was a tyrant in waiting—hence the fears of political thinkers such as John of Salisbury, Aquinas, and Marsilius of Padua, who attempted to rein in sovereigns by articulating ideals such as the body politic and the common good, which argued for royal responsibilities towards society as a whole. Politics was drifting away from morality, but these writers attempted to recouple them.

Author(s):  
Annabel S. Brett

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.


2012 ◽  
Vol 14 (3) ◽  
pp. 400-407
Author(s):  
Christopher Hill

In the Archbishop of Canterbury's Foreword to the findings of the Anglican Communion Legal Advisers' Network, Rowan Williams argues that law is a way of securing two things for the common good: equity and responsibility. Law is against arbitrariness and for knowing who is responsible for this or that. Law in the Church is also about equitable life in the communion of the Body of Christ and the mutual obligations of our interdependence. As Convenor of the Legal Advisers' Network, Canon John Rees observes that their work, which emerged as The Principles of Canon Law Common to the Churches of the Anglican Communion, is not a quick fix to the contemporary problems of the Anglican Communion. Nor is it a covert device for the introduction of a universal canon law for the whole Anglican Communion with an aim to impose covenantal sanctions for churches which do not toe the line.


Worldview ◽  
1967 ◽  
Vol 10 (9) ◽  
pp. 8-11
Author(s):  
Edmund J. Egan

In the current wave of conscientious objection, draft refusal, pacifism, crypto-pacifism and simple concern with war and morality, it is noteworthy that informed discussion of “just war” theory has been at a minimum, Tiiis fact is worth examining within a somewhat wider philosophical dimension than is perhaps customary.The notion of “just war” represents an aspect of classical, even Hellenic ethical theory. In it the emphasis is macrocosmic, taking as its starting point the community considered as an organic whole, and seeking the “common good” of that community. This search for “common good” necessarily entails a balancing of claims, rights and needs. Historically, such a calculus has for its goal a benevolent reasonableness in the society, a quality that has generally been termed justice.


2017 ◽  
Vol 11 (3) ◽  
pp. 277-289
Author(s):  
Elaine Graham

Abstract Accounts of secularization, decline and marginalization in relation to the public position of religion in western society have failed to account for the continued vitality and relevance of religion in the global public square. It is important, however, to challenge simplistic accounts and think of the new visibility of religion (not least in Europe) in terms of complexity and multi-dimensionality. This article will ask how public theology might contribute constructively to repairing our fractured body politic and promoting new models of citizenship and civic engagement around visions of the common good.


2016 ◽  
Vol 3 (1) ◽  
pp. 50-69 ◽  
Author(s):  
Takashi Shogimen

The metaphor of the body politic is diverse in the history of European political discourse yet it remains unclear why such diachronic variations occurred. Drawing on Zoltán Kövecses’s idea of “the pressure of coherence,” the present paper argues that diachronic reconfigurations of metaphorical discourses occur due to differential contextual experiences; more specifically, metaphorical discourses on the body politic, which consist of mapping between the domain of the POLITICAL COMMUNITY and that of natural BODY, are reconfigured diachronically in accordance with not only the ideological but also the medical context. In order to demonstrate this, the paper examines the texts of three key medieval political thinkers — John of Salisbury, Marsilius of Padua and Nicholas of Cusa — and the medical knowledge that was influential in their respective era. Thus this paper constitutes a contribution to the historical cognitive linguistic study of metaphorical discourse.


2017 ◽  
Vol 28 (1) ◽  
pp. 41-65
Author(s):  
Tomasz Sienkiewicz

When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).


Daedalus ◽  
2013 ◽  
Vol 142 (2) ◽  
pp. 9-14 ◽  
Author(s):  
William A. Galston

Despite skepticism about the common good, the idea has both theoretical content and practical utility. It rests on important features of human life, such as inherently social goods, social linkages, and joint occupation of various commons. It reflects the outcome for bargaining for mutual advantage, subject to a fairness test. And it is particularized through a community's adherence to certain goods as objects of joint endeavor. In the context of the United States, these goods are set forth in the Preamble to the Constitution – in general language, subject to political contestation, for a people who have agreed to live together in a united political community. While the Preamble states the ends of the union, the body of the Constitution establishes the institutional means for achieving them. So these institutions are part of the common good as well. These are the enduring commonalities – the elements of a shared good – that ceaseless democratic conflict often obscures but that reemerge in times of crisis and civic ritual.


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