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Eighteen articles, concerned with the origin and early development of the idea of natural rights, aspects of medieval law and political thought with an overview of modern work on medieval canon law, and the history of papal infallibility with reference to the tradition of Franciscan ecclesiology.
Examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings.
This book explores the canonistic theories especially with conciliar theory, of Church government formulated between Gratian's Decretum (c. 1140) and the Great Schism (1378). It is concerned with the juristic development of the fundamental conciliar doctrine, the assertion that the universal Church was superior to the Church of Rome, with a consequent denial of the Pope's supreme authority.
To understand the growth of Western constitutional thought, we need to consider both ecclesiology and political theory, ideas about the Church as well as ideas about the state. In this book Professor Tierney traces the interplay between ecclesiastical and secular theories of government from the twelfth century to the seventeenth.
A clear narrative that presents and interprets the major documents of the centuries-long struggle between kings and popes of medieval Europe over the separation of church and state.
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