Consent Coercion And Limit

The concepts of popular consent and limit as applied to the exercise of political authority are fundamental features of parliamentary democracy. Both these concepts played a role in medieval political theorizing, although the meaning and significance of political consent in this thought has not been well understood. In a careful, scholarly, and readable survey of the major political texts from Augustine to Ockham, Arthur Monahan analyses the contribution of medieval thought to the development of these two concepts and to the correlative concept of coercion. In addition, he deals with the development of these concepts in Roman and canon law and in the practices of the emerging states of France and England and the Italian city- states, as well as considering works in legal and administrative theory and constitutional documents. In each case his interpretations are placed in the wider context of developments in law, church, and administrative reforms. The result is the first complete study of these three crucial terms as used in the Middle Ages, as well as an excellent summary of work done in a number of specialized fields over the last twenty-five years.

This book explores the theory of political representation as articulated by the fourteenth-century Italian thinker, Marsilius. It combines historical research on Marsilius with an analysis of the contemporary theory of representative democracy. Modern theorization of political representation identifies the relation between the represented and the representative as a central theme. In order to assess how a representative system can reasonably be expected to operate for the benefit of the whole people, political representation must be understood through a comprehensive conception of the political process as a whole. To this end, Marsilius provides us with a perspective from which to examine the philosophical foundations of political representation and to reconsider the nature and significance of political representation - that is, an understanding of political representation in terms of the transfer of power. This book suggests that in modern democratic societies where the people effectively cease to be a political agent and their formal authority becomes increasingly notional, Marsilius' conception of political representation, which rejects the depoliticisation and deauthorisation of ordinary citizens, has much to offer. It can, in principle, offer a coherent alternative approach to building political representation as an effective scheme of public action for all.

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

The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.

This book disassembles the moral assessment of business practices into its constituent parts to identify and clarify the four key concepts that form the basis of important moral disagreements in business: ‘personhood,’ ‘ownership,’ ‘harm,’ and ‘consent.’ ‘Moral bottom lines’ are those fundamental concepts in business ethics that ultimately account for our most resilient moral claims and unsurpassable convictions, and exploring them provides essential insights into the grounds on which we disagree in business ethics. This analysis is useful for students in business school looking to understand fundamental moral disagreements in business and for practitioners interested in connecting practice with their own moral intuitions. The book also challenges scholars of business ethics by arguing that we can reduce business ethics disagreements to these four issues. "This is the most refreshing book on business ethics to appear in a long time. By focusing on 'personhood,' 'ownership,' 'harm,' and 'consent,' Eabrasu brings a new level of clarity and insight into disagreements on business ethic issues. Rather than reaching for an artificial utopian resolution, he embraces the challenge of explaining why we disagree. This is a must-read for serious business ethic scholars."Nicolas CapaldiLoyola University New OrleansLegendre-Soulé Distinguished Chair in Business Ethics

Throughout the history of human intellectual endeavor, sovereignty has cut across the diverse realms of theology, political thought, and psychology. From earliest Christian worship to the revolutionary ideas of Thomas Jefferson and Karl Marx, the debates about sovereignty—complete independence and self-government—have dominated our history. In this seminal work of political history and political theory, leading scholar and public intellectual Jean Bethke Elshtain examines the origins and meanings of “sovereignty” as it relates to all the ways we attempt to explain our world: God, state, and self. Examining the early modern ideas of God which formed the basis for the modern sovereign state, Elshtain carries her research from theology and philosophy into psychology, showing that political theories of state sovereignty fuel contemporary understandings of sovereignty of the self. As the basis of sovereign power shifts from God, to the state, to the self, Elshtain uncovers startling realities often hidden from view. Her thesis consists in nothing less than a thorough-going rethinking of our intellectual history through its keystone concept. The culmination of over thirty years of critically applauded work in feminism, international relations, political thought, and religion, Sovereignty opens new ground for our understanding of our own culture, its past, present, and future.

Part One examines the late medieval northern Italian city-state republics and the humanist depiction of their form of polity. Part Two reviews the legal (principally canonical) and political thought behind the development of a theory of popular consent and limited authority employed to resolve the Great Schism in the Western church. Part Three describes sixteenth-century Spanish neoscholastic political writings and their application to Reformation Europe and Spanish colonial expansion in the New World. Part Four examines the political thought of some of those who responded to new problems in church/state relations caused by the fracturing of medieval Christendom in the West: Luther, Calvin, and other Reformation writers; the Protestant resistance pamphleteers; and Richard Hooker. Featuring an extensive bibliography, From Personal Duties towards Personal Rights will be of specific interest to intellectual historians as well as historians of political ideas and political theories and students in history, political science, and religious studies.