Property Rights in the Late Medieval Discussion on Franciscan Poverty contributes to our understanding of the history of the concept of individual natural rights by tracing the controversies surrounding the Franciscan ideal of absolute poverty from the 1250s to the 1320s. Virpi Makinen, Th.D., analyzes the complex legal, moral, and theological arguments for and against the Franciscan ideal of giving up all rights over property - an ideal that the Franciscans argued was in perfect imitation of Christ and the Apostles. Makinen pays particular attention to the concepts of rights, especially to the distinctions between dominion (dominium), right (ius) and factual use (usus facti). She discusses the arguments made by both the defenders of the Franciscan claim of apostolic poverty (Bonaventure and Bonagratia of Bergamo) and the attackers, most of whom were secular clerics (such as William of Saint-Amour, Gerard of Abbeville, Henry of Ghent, and Godfrey of Fontaines). Makinen then analyzes the support the Order received from the papacy, and how this support was undermined by Pope John XXII's vehement attack on the Franciscans in the 1320s. The book shows how the debate concerning Franciscan poverty gave rise to a new language of rights, which paved the way to the idea of individual natural rights.

Through a focused and systematic examination of late medieval scholastic writers - theologians, philosophers and jurists - Joseph Canning explores how ideas about power and legitimate authority were developed over the 'long fourteenth century'. The author provides a new model for understanding late medieval political thought, taking full account of the intensive engagement with political reality characteristic of writers in this period. He argues that they used Aristotelian and Augustinian ideas to develop radically new approaches to power and authority, especially in response to political and religious crises. The book examines the disputes between King Philip IV of France and Pope Boniface VIII and draws upon the writings of Dante Alighieri, Marsilius of Padua, William of Ockham, Bartolus, Baldus and John Wyclif to demonstrate the variety of forms of discourse used in the period. It focuses on the most fundamental problem in the history of political thought - where does legitimate authority lie?

This book analyzes William of Ockham's early theory of property rights alongside those of his fellow dissident Franciscans, paying careful attention to each friar's use of Roman and civil law, which provided the conceptual building blocks of the poverty controversy.

William of Ockham's (ca. 1288-1347) Opus nonaginta dierum has long been of interest to historians for his theory of rights. Yet the results of this interest has been uneven because most studies do not take sufficient account of the defences of Franciscan poverty already articulated by his fellow Franciscans, Bonagratia of Bergamo, Michael of Cesena, and Francis of Marchia. This book therefore presents and analyzes Ockham's account of property rights alongside those of his confreres. This contextualization of Ockham’s theory corrects many misconceptions about his theory of property, natural law, and natural rights, and therefore also provides a new foundation for studies of his political oeuvre, intellectual development, and significance as a political theorist.

The study based on interdisciplinary research by theologians and legal historians investigating the legal, philosophical and theological aspects of the Lutheran Reformation in the church and society, and the impact of the Reformation on law in the Nordic countries.

Political theory professor Stuart Elden explores the history of land ownership and control from the ancient to the modern world in The Birth of Territory. Territory is one of the central political concepts of the modern world and, indeed, functions as the primary way the world is divided and controlled politically. Yet territory has not received the critical attention afforded to other crucial concepts such as sovereignty, rights, and justice. While territory continues to matter politically, and territorial disputes and arrangements are studied in detail, the concept of territory itself is often neglected today. Where did the idea of exclusive ownership of a portion of the earth’s surface come from, and what kinds of complexities are hidden behind that seemingly straightforward definition? The Birth of Territory provides a detailed account of the emergence of territory within Western political thought. Looking at ancient, medieval, Renaissance, and early modern thought, Stuart Elden examines the evolution of the concept of territory from ancient Greece to the seventeenth century to determine how we arrived at our contemporary understanding. Elden addresses a range of historical, political, and literary texts and practices, as well as a number of key players—historians, poets, philosophers, theologians, and secular political theorists—and in doing so sheds new light on the way the world came to be ordered and how the earth’s surface is divided, controlled, and administered. “The Birth of Territory is an outstanding scholarly achievement . . . a book that already promises to become a ‘classic’ in geography, together with very few others published in the past decades.” —Political Geography “An impressive feat of erudition.” —American Historical Review

Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? This book brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.