William of Occam and the Higher Law

1932 ◽  
Vol 26 (6) ◽  
pp. 1005-1023 ◽  
Author(s):  
Max A. Shepard
Keyword(s):  
United States ◽  
Political Theory ◽  
Middle Ages ◽  
The United States ◽  
Thomas Aquinas ◽  
Present Writer ◽  
Political Ideas ◽  
Fundamental Law ◽  
Higher Law ◽  
The Middle Ages

William of Occam has fittingly been called the “most subtle doctor of the Middle Ages.” Despite this fact, or perhaps because of it, the vast political writings of this famous fourteenth-century scholastic have been surprisingly neglected by modern students, particularly in England and the United States. It is commonly agreed that among general philosophers of the Middle Ages this “second founder of nominalism” is surpassed by St. Thomas Aquinas alone. Surely, therefore, the presumption is reasonable that the encyclopedic mass of Occam's political writings conceals many “diamonds in the rough,” only awaiting discovery. The present writer hopes that he may throw some light on certain important problems discussed by Occam, especially that most significant one of a “higher” or fundamental law.An impression seems prevalent in many quarters that Occam obtained most of his political ideas from his famous contemporary, Marsiglio of Padua, who has established himself among modern students as the really great political genius of his times. Without detracting from Marsiglio's well-deserved fame, we are quite unable to accept this view. On the contrary, Occam, as might be expected of such a great general philosopher, can stand upon his own feet, and his political theory in many respects exhibits characteristics entirely independent of any Marsiglian influence.

BOOK REVIEWS

1937 ◽  
Vol 15 (43) ◽  
pp. 35-39
Keyword(s):  
United States ◽  
Middle Ages ◽  
The United States ◽  
Diplomatic History ◽  
Medieval History ◽  
History Of ◽  
The Middle Ages

Abstract Book reviewed in this article: ‘The Cambridge Medieval History.’ Vol. viii. ‘The Close of the Middle Ages’ ‘Guide to the Diplomatic History of the United States, 1775–1921’. By S. F. Bemis and Grace G. Griffin

The Missionary Syndrome: Crusader and Pacific Northwest Religious Expansionism

1988 ◽  
Vol 30 (2) ◽  
pp. 271-285 ◽  
Author(s):  
Robert I. Burns
Keyword(s):  
United States ◽  
Pacific Northwest ◽  
Middle Ages ◽  
New World ◽  
World History ◽  
Working Life ◽  
The United States ◽  
Social Structures ◽  
Medieval Technology ◽  
The Middle Ages

The search for medieval parallels and for medieval roots in New World history has become a fascinating genre. My own university has produced one of the major figures in this field, Lynn White, Jr., and has recently honored another, Luis Weckmann. With the Columbus centennial rushing toward us, we may expect more exercises in their spirit. Such an approach is not farfetched or whimsical. We are the heirs of medieval technology and mentalities. In both, as White has reminded us, the United States may be “closer to the Middle Ages than is Europe.“ And the great historian Shelomo Goitein, after spending most of his working life in pre-Nazi Germany and then in Israel, upon moving to the United States was startled to recognize the medieval flavor of our social structures and mentalities; as a lifelong student of the Middle Ages, he found that “one feels quite at home“ here.

Introduction

2018 ◽  
Author(s):  
Andrew Valls
Keyword(s):  
United States ◽  
Public Policy ◽  
Social Construction ◽  
Political Theory ◽  
Racial Inequality ◽  
The United States ◽  
Racial Justice ◽  
Color Blind ◽  
American Society ◽  
Liberal Political Theory

The persistence of racial inequality in the United States raises deep and complex questions of racial justice. Some observers argue that public policy must be “color-blind,” while others argue that policies that take race into account should be defended on grounds of diversity or integration. This chapter begins to sketch an alternative to both of these, one that supports strong efforts to address racial inequality but that focuses on the conditions necessary for the liberty and equality of all. It argues that while race is a social construction, it remains deeply embedded in American society. A conception of racial justice is needed, one that is grounded on the premises provided by liberal political theory.

Kritische Bemerkungen zur Geschichte der religiösen Toleranz und zur Tradition der Lessing'schen Ringparabel

Numen ◽  
2008 ◽  
Vol 55 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Peter Dinzelbacher
Keyword(s):  
Middle Ages ◽  
Present Writer ◽  
Religious Tolerance ◽  
Wolfram Von Eschenbach ◽  
Original Stories ◽  
Age Of Enlightenment ◽  
Ramon Llull ◽  
The Middle Ages

AbstractAlthough the medieval tradition of the famous parable which stands in the centre of Lessing's Nathan der Weise is quite well known, the present writer holds that the older versions of this motive are usually misinterpreted, being habitually read in the light of the German poet's text written during the age of enlightenment. An analysis, however, of the original stories of Etienne de Bourbon, Busone, Boccaccio et al., shows that their real aim was to illustrate an aporia and the shrewdness necessary to escape from it, not to call for religious tolerance. Indeed, the latter idea grew out of the disasters of the Thirty Years' War only, and was nearly completely alien to the Middle Ages. The few exceptions (Wolfram von Eschenbach, Ramon Llull, Nicolaus Cusanus) — and their limitations — are briefly discussed.

WHAT ARE CONSTITUTIONS, AND WHAT SHOULD (AND CAN) THEY DO?

2010 ◽  
Vol 28 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Larry Alexander
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
United States Constitution ◽  
Moral Rights ◽  
Constitutional Change ◽  
Principal Function ◽  
Fundamental Law

AbstractA constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander proceeds as follows: In section I he takes up law's principal function of settling controversies over what we are morally obligated to do. In section II he then relate law's settlement function to the role of constitutional law. In particular, he discusses how constitutional law is distinguished from ordinary law, and he also discusses the role of constitutions in establishing basic governmental structures and enforcing certain moral rights. In section III he addresses the topic of constitutional interpretation, and in section IV the topic of judicial review. Finally, in section V, he discusses constitutional change, both change that occurs through a constitution's own rules for amendments and change that is the product of constitutional misinterpretations and revolutions.

The Origins of Western Dermatology

2010 ◽  
Vol 14 (6) ◽  
pp. 255-266
Author(s):  
J. Barrie Ross
Keyword(s):  
United States ◽  
Eighteenth Century ◽  
Middle Ages ◽  
The United States ◽  
Historical Background ◽  
Eastern United States ◽  
The West ◽  
Defining Moments ◽  
Late Eighteenth Century ◽  
Late Eighteenth

Objective: On the premise that historical background makes the present more understandable, this review covers the origins of Western dermatology from its Greek and Roman origins through the Middle Ages to the defining moments in the late eighteenth century. Background and Conclusion: The development of major European centers at this time became the background for future centers in the eastern United States in the midnineteenth century and, finally, to the West Coast of the United States and Canada by the midtwentieth century.

Overcoming the “Trump Trap”: How Thucydides Can Be Better Applied to US Policy on China

2021 ◽  
Vol 13 (02) ◽  
pp. 80-92
Author(s):  
Leif-Eric EASLEY
Keyword(s):  
United States ◽  
Human Capital ◽  
Political Theory ◽  
Good Governance ◽  
The United States ◽  
International Agreements ◽  
Ancient History ◽  
Methodological Problems ◽  
Thucydides Trap ◽  
Rising Power

Analogies to the Peloponnesian War have been misapplied in studies of US–China relations, especially regarding the so-called “Thucydides trap” of inevitable conflict between an established power and a rising power. This article addresses methodological problems with deriving policy lessons from political theory and ancient history. It then argues that Thucydides is more applicable to overcoming a pattern of leadership mistakes reminiscent of Athens’ populist politics, erosion of international agreements and mismanagement of alliances. To meet the China challenge, the United States must renew its national strength with good governance, productive interdependence, and sustained investment in human capital.

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