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The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.
The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.
Nicole Oresme, a mathematician, philosopher, and theologian, stood as one of the most original and influential thinkers of the Late Middle Ages. This volume presents the critical edition of Oresme's earliest work, his first cycle of lectures on Aristotle's Meteorology (1346). Transcribed directly by one of his students at Paris Arts Faculty, this text explores problems of physics, cosmology, geology, and optics, providing invaluable insights into late medieval philosophy of nature.
Nicole Oresme, a mathematician, philosopher, and theologian, stood as one of the most original and influential thinkers of the Late Middle Ages. This volume presents the critical edition of Oresme's earliest work, his first cycle of lectures on Aristotle's Meteorology (1346). Transcribed directly by one of his students at Paris Arts Faculty, this text explores problems of physics, cosmology, geology, and optics, providing invaluable insights into late medieval philosophy of nature.
Abstract
Over the past twenty years historians have observed that early modern chartered companies exhibited many of the characteristics of the state such that the term “company-state” has become a common trope of analysis. One of the features of statehood, however, that was absent from representations of these companies was any claim to sovereignty. One reason for this absence was that the companies were often perceived to be created by sovereign states. This was not, however, always the case – they were also frequently understood by their own members to have an existence independent of any state and deriving, rather, from natural sociability and compacts. They were also understood to be political communities which raises the question of whether sovereignty was necessary for a community to function like a state: that is, with constitutions, armies, laws, currencies, offices, and diplomacy. At the same time, one might ask what work sovereignty does and why the language of sovereignty was absent from discussions of these corporations. The concept of sovereignty was employed in the early modern period by authors such as Jean Bodin and Thomas Hobbes in reference to the necessity for the state to exercise supreme power over rival authorities, notably the church. Early modern corporations, on the other hand, were not engaged in a contest with the political authority of the church, or any other authority, other than sometimes with the states that claimed to have created them, so the concept of sovereignty did no work for them or might raise questions they wished to avoid.
Abstract
This chapter argues that Edmond Richer (1560–1631), a theologian of Sorbonne, at one time syndic of the Faculty of Theology of Paris and a staunch proponent of conciliarism, borrowed from Jean Bodin’s theory of sovereignty in his discussion of the relationship between ecclesiastical and political power. As early as 1600 he quoted Bodin in one of his early treatises and he used the term sovereignty in the French translation of De ecclesiastica et political potestate, his most famous work (1611), as well as in the Traité des appellations comme d’abus (between 1623 and 1626). What makes Richer significant in the history of the reception of Bodin’s work is his attempt to apply the notion of sovereignty not only to the body politic, as the author of Les Six Livres de la Republique and the jurists and political writers who were inspired by him had done, but to the Church. Richer’s familiarity with the Angevin’s work is evidenced by the fact that he used a clearly Bodinian language in the fifth article of De ecclesiastica et politica potestate, that his colleague André Duval noted that his distinction between state and government was unheard of and that Michel Mauclerc, another theologian of Sorbonne, linked this distinction, which he knew had been used by Richer, to Bodin.
Abstract
Chapter 29 of Hobbes’s Leviathan is devoted to ‘Of those things that Weaken, or tend to the dissolution of a Common-Wealth’. It contains a set of instructions to the would-be ‘Architect’ of a state as to how avoid erecting a ‘crasie building’, such as hardly lasting out their own time, must assuredly fall upon the heads of their posterity’. This chapter is a crucial moment of transition in the overall argument. It tells us that sovereignty is best understood along a continuum at one end of which there is the healthy sovereign, the artificial person of the Common-wealth or state. On Hobbes’s view, the state is an idea that can be made material only through being represented by a human individual or group of such individuals, who staff the office of sovereignty. It must follow that as the state sickens with the disorders he identifies, so the sovereign weakens, moving further along the continuum until the point where it ceases to be sovereign at all. Hobbes’s conception of sovereignty turns out to be not only much more nuanced than orthodox interpretations allow, but also of surprising contemporary relevance.
Abstract
Beyond presenting and introducing the subsequent chapters, the introduction seeks to reduce the subject of sovereignty into its most abstract form, namely, that a ruler or decision-maker has the power to rule over others concerning all problems or, the very least, a particular set of problems within a given social context. Challenging this position raises the issue of navigating the relationship between two (or more) powers – in dual relationships this results either in the subordination of one to the other or in coordination. Such dual or multiple power relationships can be studied not only in both Western and global politico-theological contexts, but also with regard to gender power relationships or the relationship between functional spheres (economics, science, politics, etc.). Drawing on the current state of research in the classical field of European juridico-political theory and the evolution of the political concept of ‘sovereignty’ beginning in thirteenth-century Europe, the chapter addresses several methodological problems within the field of global history such as how to deal with distinctions in the modern Western language of analysis, different source languages, and varying global forms of political order when attempting to historicize an object so ephemeral as ‘sovereignties’. Examples illustrating the interaction between the British East India Company and the Mughal Court around 1700 serve as a prolepsis to the subsequent chapters in the latter part of the volume, which is devoted mostly to Eurasian case studies.
Abstract
The chapter sheds new light on the 1619 treatise by Giulio Pace, De dominio maris Hadriatici. In modern scholarship, despite of the date of publication, Pace’s work is usually thought to reflect a pre-Grotian Bartolist tradition of reasoning, recognizing Venetian rule over the Adriatic Sea in complete continuity with the tradition developed in the fifteenth-century legal commentary literature on the Digest concerning the division and occupation of property. By contrast Freed suggests that Pace, probably consciously bypassing Grotius’ 1608 Mare liberum, by concentrating, like Grotius, on the status of the sea as res, yet by introducing an innovative three-fold distinction, arguing that the sea was res nullius as a matter of property, res communis as a matter of use, and capable of someone’s dominium. The legal significance of Pace’s decision to classify the Adriatic as res nullius can be seen in the subsequent claims of occupatio that can be made over res nullius: The first occupant over unclaimed res nullius is entitled to a new title of dominium. In theory, Venice could own the Adriatic, either by occupation or by prescription of time, and exercise its jurisdiction. Pace could serve as Venetian answer to Grotius and as functional equivalent to John Selden’s Mare clausum option just by elegantly refining the old mos-italicus tradition.