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Isidore of Seville (†636) formulated a remarkable list of natural rights in his Etymologiae; some which do not seem to have had any precedents in Roman culture and law. Isidore defined property as the natural right of all human beings to... more
Isidore of Seville (†636) formulated a remarkable list of natural rights in his Etymologiae; some which do not seem to have had any precedents in Roman culture and law. Isidore defined property as the natural right of all human beings to hold all property in common. His definition of natural property rights and all human beings right to live free echoed in European jurisprudence for over a millennium.
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Rights may be the most important legal attribute people possess in society. Language, however, is crucial for shaping the way in which people understand words, and those words shape their thought. This reality is strikingly true in the... more
Rights may be the most important legal attribute people possess in society. Language, however, is crucial for shaping the way in which people understand words, and those words shape their thought. This reality is strikingly true in the Englishspeaking world when discussing the word "law." In English, jurists understand "law" as being separate from rights. There is no linguistic connection between rights and law. Consequently, in American and English common law systems, people's rights must have their origins in positive laws promulgated by legislatures, decided in court cases, or, in the modern era, embedded in constitutions or treaties.1 Ancient Roman law and the legal systems whose foundations are anchored on its jurisprudence could find personal rights in norms that transcended positive law.
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Examines the use of secular law in early medieval legal texts and manuscripts, especially in collections of canon law until thee early twelfth century. Grateful for any comments, large or small.
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Survey of the role that the ideas of peace and concord played in medieval society and intellectual life.
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Essay is intended for the general reader. Footnotes kept to a minimum and mainly English. Would be grateful to readers fo suggestions of topics not covered or not covered sufficiently. And of course corrections. Or any other comments.
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Sankt Gallen Stiftsbibliothek 673 is an early version of Gratian's Decretum that was used in the classroom to teach canon law. This essay discusses the evidence for that statement.