scholarly journals РОЗВИТОК ІДЕЇ НАРОДНОГО СУВЕРЕНІТЕТУ ЗА ДОБИ СЕРЕДНЬОВІЧЧЯ: ДЕРЖАВНИЙ І ЦЕРКОВНИЙ ВИМІРИ

Author(s):  
Владислав Сасін

У статті наводиться історико-політологічний аналіз розвитку категорії «народний суверенітет» в епоху європейського середньовіччя. Проаналізовано причини відродження інтересу політиків та юристів до ідеї народного суверенітету. Вказано на розвиток ідеї народного суверенітету крізь призму державного і церковного життя й основних віх державно-церковних відносин в епоху 128 середньовіччя. Визначено місце феодальних відносин (сюзерен-васал), рецепції римського права та аристотелевої теоретико-методологічної спадщини, звичаєвого права варварських племен у формуванні ідеї народного суверенітету. Також проведено аналіз творчого доробку правників (Джона Солсбері, Генрі Бректона) і філософів (Томи Аквінського, Марсилія Падуанського, Йоанна Паризького, Вільяма Оккама, Гілезія Римського та інших), охарактеризовано місце народовладдя в їхніх творах. Досліджено соціально-політичні феномени життя середньовічних європейських міста, держави й церкви, що спричинили вплив на дефініцію ідеї народного суверенітету в означену епоху. Зроблено загальний висновок про вплив середньовічних політичних підходів щодо народного суверенітету на формування новочасного і ранньомодерного розуміння суверенітету й демократії. Ключові слова: демократія, народний суверенітет, епоха середньовіччя, «теорія двох мечів», консиліаризм, римське право. THE DEVELOPMENT OF IDEA OF POPULAR SOVEREIGNTY IN THE MIDDLE AGES: STATE AND CHURCH VIEWS The article deals with the political and historical development of popular sovereignty in the Middle Ages. The reasons for a revival of interest were analyzed according to the idea of popular sovereignty. Also were analyzed the characters of feudalism relations between suzerain and vassal, reception of Roman law as well as the works of Aristotle, customary law of German tribes have been used in the understanding of the idea of popular sovereignty. A lot of works of medieval lawyers and philosophers (John of Salisbury, Henry de Bracton, Marsilius of Padua, William of Ockham, John of Paris, Thomas Aquinas) were analyzed in the article. Keywords: Democracy, Popular Sovereignty, Middle Ages, Two-Swords Theory, Conciliarism, Roman law. )

Lex Russica ◽  
2021 ◽  
pp. 101-111
Author(s):  
D. A. Kalinina

The paper presents a comparative legal and comparative historical analysis of one of the aspects of the institution of the arbitration, namely, the election of an arbitrator. The contractual, non-state nature of arbitration leaves the disputing parties with a wide freedom of expression, including in determining the personality of a mediator or intermediaries in resolving a dispute. The paper focuses on identifying the key features that the disputing parties should pay attention to when choosing an arbitrator (judges). The Roman jurists established comprehensive and justified set of personality traits that an arbitrator should possess in order to maintain the general idea of the conclusiveness of judicial decisions. According to the norms of Roman law, an arbitrator must be a free person, physically healthy, with a developed intellect, with life experience, not tainted by immoral acts, not involved in illegal activities, not interested in a certain outcome of the case. In the Middle Ages, the system of mandatory requirements for a mediator in a dispute was reduced due to the simplification of public relations regulated by customary law, which was reflected in legislative documents. Priority was given to the high social stratum, ethnic and religious conformity of the judge to the disputing persons. In modern times, the freedom of litigants to choose arbitrators is almost absolute, taking into account the tendency to individualize the interests of the parties to the conflict and the inability to take into account all the particular circumstances of various disputes that could affect the choice of an arbitrator. Only when resolving economic disputes, the parties were guided by the judge’s special knowledge, which makes it possible to understand the essence of the property dispute and make a fair decision. The analysis made it possible to identify the continuity of the provisions of Roman law and the requirements imposed on the arbitration intermediary in the Middle Ages and Modern times. Historical comparison revealed a tendency to reduce the number of mandatory features of the candidate for arbitration, which determined the growing importance of the freedom of the disputing parties as the most significant feature of the arbitration court.


1994 ◽  
Vol 3 ◽  
pp. 303-317 ◽  
Author(s):  
Tilman Struve

The comparison of the State with an animate organism was of outstanding importance in the political theories of the Middle Ages. Despite all its various forms of appearance this comparison always served to define the place and function of each individual in particular, as well as in relation to a superior whole. John of Salisbury deserves the credit for having helped this organological view of the State to breakthrough in writing the Policraticus.


2016 ◽  
Vol 23 ◽  
pp. 107
Author(s):  
Gregorio PIAIA

What contribution has Umberto Eco’s historical fiction made to knowledge of the history of medieval philosophy? His first and most famous novel, The Name of the Rose (1980), had the merit of drawing the attention of the common reader to mediaeval thought, which is usually neglected and still not widely known. However, this portrayal was characterized by a negative and deforming image of medieval monasticism and its philosophical conceptions. By contrast the scholastic Middle Ages (Roger Bacon, Marsilius of Padua, and especially William of Ockham) were looked upon by Eco with very modern —even “postmodern”— eyes, so that very little was left of the Middle Ages themselves.


2019 ◽  
Vol 12 (5) ◽  
pp. 83
Author(s):  
Evgueny Alexandrovich Chiglintsev ◽  
Natalya Yurievna Bikeyeva ◽  
Maxim Vadimovich Griger ◽  
Igor Vladimirovich Vostrikov ◽  
Farit Nafisovich Ahmadiev ◽  
...  

This collective article is dedicated to the images of power in the ancient and medieval societies, their forming, functions and the ways of representation. Authors found the universal components of the images of power in the different pre-industrial societies of the East and Vest, such as procedures of obtaining power, coronation and anointment, ruler’s regalia and the forms of organizing space of power. The authors investigate the relationship between the secular and the sacred elements in the political mythology of power. This paper deals with the evolution of images of power, rituals and symbols of authority from Ancient Eastern to Medieval societies. The purpose of the article is to present the universal components of the images of power in Ancient and Medieval times. The identification of common and specific features in the representation of power and ritual practices will allow us to see the evolution of ideas about power in pre-industrial societies.


1980 ◽  
Vol 8 ◽  
pp. 129-149 ◽  
Author(s):  
Rosemary Jann

Critical attention to the dominant tradition of Victorian medievalism has stressed its essentially conservative tendencies. For representative proponents of this tradition – Carlyle, Ruskin, Young England – the imaginative value of the Middle Ages lay in their contrast with the political and social disorder of the present. The antidote to those modern poisons – laissez faire capitalism, Utilitarian ethics, Liberal individualism – lay in a resuscitation of medieval hierarchy, one which called on the Captains of Industry to form a new aristocracy, and the state to assume control over the economy and social welfare. For such thinkers, the spiritual health and organic order of medieval society depended upon its essentially undemocratic structure. The prominence of this analysis has unfortunately overshadowed the importance of two alternative treatments of Victorian medievalism, the Whig and the Socialist. While opposed in fundamental ways to one another, these interpretations are opposed in more significant ways to that dominant conservative tradition in that they created alternative myths of the Middle Ages to justify a more – not less – democratic society in the present and future. Such myths assisted the development of class consciousness by using the authority of history to sanction a social order which drew its moral and political strengths not from the ideals of the aristocracy, but from those of the middle and working classes, respectively. However, the following demonstration of the way similar historical points of departure can lead investigators to radically different conclusions ultimately reinforces the central characteristic of Victorian medievalism: that it represented less an attempt to recapture the past “as it really was” than a projection of current ideals back into time.


Author(s):  
Joel Biard

John Major was one of the last great logicians of the Middle Ages. Scottish in origin but Parisian by training, he continued the doctrines and the mode of thinking of fourteenth-century masters like John Buridan and William of Ockham. Using a resolutely nominalist approach, he developed a logic centred on the analysis of terms and their properties, and he applied this method of analysis to discourse in physics and theology. Although he came to oppose excessive dependence on logical subtlety in theology and maintained the authority of Holy Scripture, Major’s work was stubbornly independent of the growing influence of humanism in Europe. Later, he would be regarded as representative of the heavily criticized ‘scholastic spirit’, being referred to disparagingly by Rabelais as well as by later historians such as Villoslada (1938), but at the beginning of the sixteenth century, his teaching influenced an entire generation of students in the fields of logic, physics and theology.


Traditio ◽  
1977 ◽  
Vol 33 ◽  
pp. 65-100 ◽  
Author(s):  
Walter Goffart

The treatiseDe re militariby Flavius Vegetius Renatus was the bible of warfare throughout the Middle Ages — the soldier's equivalent of the Rule of St. Benedict. The surviving manuscripts exceed 140; there were five separate translations into French within the century following 1284, many more into other languages, and nine incunabula. In contrast to Byzantium, where a succession of authors since Urbicius (ca.500) strove to keep military literature up to date, the Latin civilization of the West was content with a single book. Vegetius, who explicitly omitted cavalry from his exposition, became the philosopher-schoolmaster of Western chivalry. Hrabanus Maurus, John of Salisbury, and Egidius Colonna copied large extracts into works of their own, and so did Machiavelli. Vegetius is among the authors whose popularity in the Renaissance more than equalled their medieval fame. The testimonials continued to mount up through the sixteenth and seventeenth centuries, an epoch that was perhaps the highest point of Vegetius‘ influence, and reached even to the Napoleonic age, when Marshall de Ligne (best remembered for a witticism about the Congress of Vienna) pronounced a memorable encomium: ‘A god, says Vegetius, inspired the legion, and I say that a god inspired Vegetius. It is he who by his seven orders of battle made us understand the warfare of the Ancients and taught the greatest generals of our time to imitate them.’ What other book without literary distinction was as prized in the Age of Enlightenment as it had been by Bede?


Arts ◽  
2019 ◽  
Vol 8 (4) ◽  
pp. 139
Author(s):  
Vagnoni

In recent decades, art historians have stressed the benefits of analysing medieval images and their contents within their specific context and, in particular, have underlined the importance of their visual impact on contemporary beholders to determine their functions and specific meanings. In other words, in the analysis of a medieval image, it has become fundamental to verify where it was collocated and whom it was aimed at, and which practical reasons it was made for (its visibility, fruition, and usability). As a result, new perspectives have been opened, creating an active historiographical debate about one of the most fascinating and studied iconographic themes of the Middle Ages: the royal divine coronation. Hence, there has been a complete rethinking of the function and meaning of this iconographic theme. For instance, the divine coronation of the king might not symbolically allude to his earthly power but to the devotional hope of receiving the crown of eternal life in the afterworld. Moreover, in the specific case of some Ottonian and Salian illuminations, historiographers have proposed that their function was not only celebrative (a manifesto of the political ideologies that legitimized power), but also liturgical and religious. This paper places this topic in a historiographical framework and provides some preliminary methodological considerations in order to stimulate new research.


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