Bartolus of Sassoferrato (or Saxoferrato) (1313/14–57)

Author(s):  
William M. Gordon

The Bartolist school of civil lawyers or ‘commentators’ dominated university law teaching from the fourteenth century. Challenged by the humanists in the sixteenth century, they remained influential in practice. Bartolus excelled among them in the ability to devise solutions to practical problems and provide clear and workable doctrines applying the civil law texts to legal and political problems.

2017 ◽  
Vol 11 (2) ◽  
pp. 281-292
Author(s):  
Manuel Méndez Alonzo

In this paper I present the theory of natural rights and liberty of Bartolomé de Las Casas. I hold that the theoretical foundation of Las Casas is found in juridical texts, only complemented by Thomist authorities. I show that the apparent inconsistencies were a means to make his discourse more effective against those who defended the enslavement of Native Americans. Finally, this eclecticism enabled Las Casas to create an original theory of civil power and liberty by using Canon law texts and terms.


2017 ◽  
Vol 11 (2) ◽  
pp. 281-292
Author(s):  
Manuel Méndez Alonzo

In this paper I present the theory of natural rights and liberty of Bartolomé de Las Casas. I hold that the theoretical foundation of Las Casas is found in juridical texts, only complemented by Thomist authorities. I show that the apparent inconsistencies were a means to make his discourse more effective against those who defended the enslavement of Native Americans. Finally, this eclecticism enabled Las Casas to create an original theory of civil power and liberty by using Canon law texts and terms.


1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.


Author(s):  
Detlef Liebs

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.


1942 ◽  
Vol 22 (2) ◽  
pp. 113-122 ◽  
Author(s):  
James G. Mann

The two gauntlets which were exhibited to the Society by kind permission of the Archdeacon of Richmond, on 26th November 1941, form part of the funeral achievement of Sir Edward Blackett (died 1718), hanging above his monument in the north transept of Ripon Cathedral. The achievement consists of a close-helmet of the sixteenth century with a wooden funeral crest of a falcon (for Blackett); a tabard; a cruciform sword in its scabbard, of the heraldic pattern of the early eighteenth century; and two iron gauntlets. The wooden escutcheon and pair of spurs which must once have completed the group are now missing.


Author(s):  
Stephen Cory

Although the fourteenth century Marīnids openly acknowledged their Berber identity, by the end of the sixteenth century, sharīfian descent had become a requirement for Moroccan rule. This chapter examines the political propaganda of the Marīnid sultan Abū’l-Ḥasan ʿAlī (r. 731–752/1331–1351) and the Saʿdī sultan Aḥmad al-Manṣūr al-Dhahabī (r. 986–1012/1578–1603). It considers similarities and differences between their political propaganda in light of their differing historical circumstances, particularly the relative power of sharīfian movements during their respective reigns, as well as the importance of holy lineages, monarchical treatment of the shurafāʾ, and the role of ceremonies in political legitimation. It argues that the Saʿdī ability to convince Moroccans of their sharīfian lineage connected with a larger trend to equate political power with descent from the Prophet and reinforced their authority. In contrast, the Marīnids contributed to their own downfall through their inconsistent policies towards honouring the shurafāʾ.


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.


2010 ◽  
Vol 41 ◽  
pp. 15-29 ◽  
Author(s):  
David C. Mengel

The idea of reform still supplies the guiding principle for most accounts of late medieval religion in Bohemia. Like a brightly colored thread, reform marks a trail leading forward from Jan Hus (d. 1415) to the leaders of the sixteenth-century Reformation, as well as backward to a series of precursors in the fourteenth century. This essay takes a different path through the religious culture of fourteenth-century Bohemia and of Prague, in particular. Rather than following the traditional historiography in identifying a handful of fourteenth-century Prague preachers as revolutionary forerunners of Jan Hus, this essay situates these and other figures within a more complicated and multivalent local religious culture, a culture that was carefully molded by Central Europe's most powerful authority. No one shaped Prague's local religion more dramatically than the Holy Roman Emperor, Charles IV (r. 1346–1378), as three examples offered here will illustrate. Like an architect, Charles IV designed much of Prague's vibrant local religion. Nevertheless, neither he nor anyone else completely controlled it.


2014 ◽  
Vol 31 (1) ◽  
pp. 73-97 ◽  
Author(s):  
Benjamin Anderson

The fourteenth-century complex of Elvan Çelebi is often cited as an example of the survival of local Christian saints’ cults in later medieval Anatolia. The reuse of Byzan­tine materials in the complex’s buildings and the stories told by its sixteenth-century residents about the exploits of Khidr have been used to argue that the local cult of St. Theodore of Euchaita was maintained by Muslims. Furthermore, portions of the complex have been identified as the remnants of a Christian church. However, there is no evidence that the complex incorporates parts of, or was built on the site of, an earlier Byzantine structure. The most prominent displays of reused material date to the later sixteenth century, and the der­vishes’ stories are best understood as an example of the widespread Anatolian identification of Khidr with St. George. However, the complex still has much to tell us about the patronage of architecture by family networks in the absence of state intervention in fourteenth-century Anatolia. Local stories according to which the spolia in the building were donated by Elvan Çelebi’s father are more telling indicators of the complex’s significance than speculations about the survival of cult.



2020 ◽  
Vol 24 (2) ◽  
pp. 357-368
Author(s):  
Thora Ilin Bayer ◽  

In the study of the history of philosophy, there is a long-standing question as to whether works produced between the mid-fourteenth century and the end of the sixteenth century, the Renaissance, can be rightly understood as philosophy or as primarily literary and rhetorical in character. The latter view is prominently held by Paul Oskar Kristeller but has precedent in Hegel’s treatment of this period in his History of Philosophy. That the works of major figures of this period are essentially philosophical is a view held, in quite different ways, by Ernst Cassirer and Ernesto Grassi. This essay examines the origin and nature of these views and advances a general perspective through which they may be brought together.


Sign in / Sign up

Export Citation Format

Share Document