Brian Tierney
Datos Biográficos
| ID | 325614 |
|---|---|
| NOMBRE | Brian Tierney |
| NOMBRES | Brian |
| APELLIDO | Tierney |
| FIRMA | TIERNEY B |
| AFILIACIONES | Cornell University |
| ORCID | 0000-0003-1607-2909 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 39 |
| TOTAL DE CITAS | 37 |
| TOTAL COMO AUTOR | 39 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 1953 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2011 |
| ÍNDICE H | 4 |
Response to S. Adam Seagrave’s “How Old Are Modern Rights
Response to S. Adam Seagrave’s “How Old Are Modern Rights? Lockean Roots of Contemporary Human Rights Discourse,” Journal of the History of Ideas, volume 72 (2011): 305–27
Author's Rejoinder
I find myself in a difficult situation, beleaguered on all sides. According to Finnis, Aquinas derived a doctrine of natural rights from his teaching on natural law. According to Kries, echoing Fr. Fortin, the two ideas, natural rights and natural law, are radically opposed to one another. This leaves me with a hope that some readers, faced by these extremely opposed assertions, may find a note of sweet reasonableness, a sort of golden mean, in m…
Natural Law and Natural Rights
Widely divergent views exist among modern scholars concerning the relationship between natural law and natural rights. Some hold that the two concepts are logically incompatible with one another. Others maintain that natural rights were derived from natural law in the work of Aquinas or, alternatively, that natural law was derived from natural right in the work of Hobbes. All these views seem open to criticism. An alternative approach is suggeste…
Kant on Property
In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental importance for understanding the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literat…
Permissive Natural Law and Property
In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he is free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to…
Scholastic Humanism and the Unification of Europe, 1
The idea of natural rights
Natural Rights in the Thirteenth Century
Marsilius on Rights
Modern accounts of the development of Western rights theories often trace the origin of such doctrines back to William of Ockham. Michel Villey, for instance, has argued that Ockham's nominalist philosophy led him to inaugurate semantic revolution when he explained the word ius in subjective sense as meaning an individual right, licit power. Then, the argument continues, Ockham's thought was developed by Gerson who defined ius as a power or facul…
Memoirs of Fellows and Corresponding Fellows of the Medieval Academy of America
Religion and Rights
In this paper I want to present some background material about the interplay of religious concepts and rights theories during the Christian middle ages. We may note at the outset that there always were elements in the Judeo-Christian tradition that could be conducive to the growth of a doctrine of rights, especially the fundamental command to respect the person and property of our neighbor. Ronald Dworkin pointed out that the necessary basis of a…
Hierarchy, Consent, and the “Western Tradition
SAMUEL BEER DESERVES OUR RESPECT and gratitude for his many distinguished studies on modern British and American history. But his venture into medieval thought, Rule of the Wise and Holy: Hierarchy in the Thomistic System,' calls for a Critical Response. Medievalists find their work amply rewarding on the whole; but they share one common frustration. No one pays the slightest attention to anything they write-except other medievalists. Yet everyon…
Religion, Law, & the Growth of Constitutional Thought 1150-1650
Journal Article Religion, Law, & the Growth of Constitutional Thought 1150–1650 Get access Tierney Brian, Religion, Law, & the Growth of Constitutional Thought 1150–1650. Cambridge: Cambridge University Press, 1982. xi, 114 pp. $19.95. Steven Horwitz Steven Horwitz University of California, Berkeley Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 28, Issue 1, January 1984, Pages 8…
Religion, Law and the Growth of Constitutional Thought, 1150-1650
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. He shows how ideas revived from the ancient past - Roman law, Aristotelian political philosophy, teachings of Church f…
Authority and Power
Journal Article Authority and Power: Studies on Medieval Law and Government Presented to Walter Ullmann on His Seventieth Birthday Get access Tierney Brian Linehan Peter, eds., Authority and Power: Studies on Medieval Law and Government Presented to Walter Ullmann on His Seventieth Birthday. Cambridge: Cambridge University Press, 1980. x, 274 pp. £ 25.00. James A. Brundage James A. Brundage University of Wisconsin, Milwaukee Search for other work…
Memoirs of Fellows and Corresponding Fellows of the Medieval Academy of America
Memoirs of Fellows and Corresponding Fellows of the Mediaeval Academy of America
Cardinalato e collegialità
The Influence of Prophecy in the Later Middle Ages
Religion, Law, and the Growth of Consitutional Thought, 1150-1650
Augustine of Hippo
Preface To The New Edition Preface Part I - 354 -385 Chronological Table A Africa Monica Education 'Wisdom' Manichaeism Friends Success Part II - 386-395 Chronological Table B Ambrose The Platonists 'Philosophy' Christianae Vitae Otium: Cassiciacum Ostia Servus Dei: Thagaste Presbyter Ecclesiae Catholicae: Hippo The Lost Future The 'Confessions' Part III - 395-410 Chronological Table C Hippo Regius Saluberrima consilia Ubi Ecclesia? Instantia Dis…
Monastic Tithes from Their Origins to the Twelfth Century . Giles Constable
Unity and Reform
Scottish Churchment and the Council of Basle . J. H. Burns
Bracton on Government
Natural Law and Natural Rights
Widely divergent views exist among modern scholars concerning the relationship between natural law and natural rights. Some hold that the two concepts are logically incompatible with one another. Others maintain that natural rights were derived from natural law in the work of Aquinas or, alternatively, that natural law was derived from natural right in the work of Hobbes. All these views seem open to criticism. An alternative approach is suggeste…
The Decretists and the 'Deserving Poor
In spite of all the complex controversies concerning the interplay of religious ideas and economic forces at the end of the Middle Ages the investigation of the pre-existing medieval poor law has been rather neglected by modern scholars. Evidently enough attitudes toward the relief of poverty are as significant as attitudes toward the acquisition of wealth in gauging the climate of economic thought in any given age. Yet, apart from studies on hos…
The Canonists and the Mediaeval State
Maitland once observed that, in the Middle Ages, “Law was the point where life and logic met.” This aphorism of the master must serve as my apology for including in one essay two topics so diverse, according to some opinions, as abstract political theory and concrete constitutional problems. It may be that the mediaeval jurists can provide a link between the two spheres, for their reflections on mediaeval government were not mere philosophical ab…
Kant on Property
In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental importance for understanding the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literat…
Marsilius on Rights
Modern accounts of the development of Western rights theories often trace the origin of such doctrines back to William of Ockham. Michel Villey, for instance, has argued that Ockham's nominalist philosophy led him to inaugurate semantic revolution when he explained the word ius in subjective sense as meaning an individual right, licit power. Then, the argument continues, Ockham's thought was developed by Gerson who defined ius as a power or facul…
Hierarchy, Consent, and the “Western Tradition
SAMUEL BEER DESERVES OUR RESPECT and gratitude for his many distinguished studies on modern British and American history. But his venture into medieval thought, Rule of the Wise and Holy: Hierarchy in the Thomistic System,' calls for a Critical Response. Medievalists find their work amply rewarding on the whole; but they share one common frustration. No one pays the slightest attention to anything they write-except other medievalists. Yet everyon…
Response to S. Adam Seagrave’s “How Old Are Modern Rights
Response to S. Adam Seagrave’s “How Old Are Modern Rights? Lockean Roots of Contemporary Human Rights Discourse,” Journal of the History of Ideas, volume 72 (2011): 305–27
The Prince is Not Bound by the Laws.' Accursius and the Origins of the Modern State
It is just fifty years since the distinguished legal historian, Adhémar Esmein, addressing an international conference in London, discussed the interpretation of the Roman law maxim Princeps legibus solutus est by the medieval glossators, and the influence of their teachings on the growth of French government. Esmein thought that the glossators had perverted a doctrine of classical constitutional law, which had merely exempted the emperor from th…
Grosseteste and the Theory of Papal Sovereignty
‘Because of the obedience by which I am bound to the Apostolic See...filially and obediently, I do not obey, I oppose, I rebel.’ The more we learn of Robert Grosseteste's achievements as theologian and scientist the less likely does it seem that he will be remembered in the future—as he used to be in the past—principally for this letter of defiance concerning papal provisions in the diocese of Lincoln. Yet the letter itself remains something of a…
Natural Rights in the Thirteenth Century
The Canonists and the Mediaeval State
Maitland once observed that, in the Middle Ages, “Law was the point where life and logic met.” This aphorism of the master must serve as my apology for including in one essay two topics so diverse, according to some opinions, as abstract political theory and concrete constitutional problems. It may be that the mediaeval jurists can provide a link between the two spheres, for their reflections on mediaeval government were not mere philosophical ab…
Some Recent Works on the Political Theories of the Medieval Canonists
During the past decade there has been a significant shift of emphasis in work on the medieval canonists. The traditional studies on the literary history of canonistic sources and on problems of specifically ecclesiastical jurisprudence continue to flourish, and, indeed, have been stimulated by the plans for a new edition of Gratian's Decretum ; but alongside this work, and complementary to it, there has appeared a new trend, a lively interest in …
Ockham, the Conciliar Theory, and the Canonists
Grosseteste and the Theory of Papal Sovereignty
‘Because of the obedience by which I am bound to the Apostolic See...filially and obediently, I do not obey, I oppose, I rebel.’ The more we learn of Robert Grosseteste's achievements as theologian and scientist the less likely does it seem that he will be remembered in the future—as he used to be in the past—principally for this letter of defiance concerning papal provisions in the diocese of Lincoln. Yet the letter itself remains something of a…
Short Notices
Journal Article Short Notices Get access BRIAN TIERNEY BRIAN TIERNEY Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume LXXII, Issue CCLXXXV, October 1957, Pages 732–733, https://doi.org/10.1093/ehr/LXXII.CCLXXXV.732 Published: 01 October 1957
Inalienability of Sovereignty in Medieval Political Thought
Sacring and Crowning. The Development of the Latin Ritual for the Anointing of Kings and the Coronation of an Emperor before the Eleventh Century . C. A. Bouman
The Decretists and the 'Deserving Poor
In spite of all the complex controversies concerning the interplay of religious ideas and economic forces at the end of the Middle Ages the investigation of the pre-existing medieval poor law has been rather neglected by modern scholars. Evidently enough attitudes toward the relief of poverty are as significant as attitudes toward the acquisition of wealth in gauging the climate of economic thought in any given age. Yet, apart from studies on hos…
Early Franciscan Government . Rosalind B. Brooke
Gerson and the Great Schism . John B. Morrall
"Tria Quippe Distinguit Iudicia…" A Note on Innocent III's Decretal Per Venerabilem
Eugenius IV, Pope of Christian Union . Joseph Gill
Scottish Churchment and the Council of Basle . J. H. Burns
Bracton on Government
Natura Id Est Deus
The Prince is Not Bound by the Laws.' Accursius and the Origins of the Modern State
It is just fifty years since the distinguished legal historian, Adhémar Esmein, addressing an international conference in London, discussed the interpretation of the Roman law maxim Princeps legibus solutus est by the medieval glossators, and the influence of their teachings on the growth of French government. Esmein thought that the glossators had perverted a doctrine of classical constitutional law, which had merely exempted the emperor from th…
Unity and Reform
Monastic Tithes from Their Origins to the Twelfth Century . Giles Constable
Augustine of Hippo
Preface To The New Edition Preface Part I - 354 -385 Chronological Table A Africa Monica Education 'Wisdom' Manichaeism Friends Success Part II - 386-395 Chronological Table B Ambrose The Platonists 'Philosophy' Christianae Vitae Otium: Cassiciacum Ostia Servus Dei: Thagaste Presbyter Ecclesiae Catholicae: Hippo The Lost Future The 'Confessions' Part III - 395-410 Chronological Table C Hippo Regius Saluberrima consilia Ubi Ecclesia? Instantia Dis…
Religion, Law, and the Growth of Consitutional Thought, 1150-1650
The Influence of Prophecy in the Later Middle Ages
Cardinalato e collegialità
Memoirs of Fellows and Corresponding Fellows of the Mediaeval Academy of America
Memoirs of Fellows and Corresponding Fellows of the Medieval Academy of America
Religion, Law and the Growth of Constitutional Thought, 1150-1650
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. He shows how ideas revived from the ancient past - Roman law, Aristotelian political philosophy, teachings of Church f…
History (28 obras) · Philosophy (23 obras) · Political science (22 obras) · Classics (21 obras) · Law (20 obras) · History (18 obras) · Medieval Literature and History (16 obras) · Classics (15 obras) · Philosophy (14 obras) · Reformation and Early Modern Christianity (13 obras)