Against the Backdrop of Sovereignty and Absolutism
ISBN: 9789004503700
Platform/Publisher: BRILL / BRILL
Digital rights: Users: Unlimited; Printing: Unlimited; Download: Unlimited
Subjects: Demonstrations; Political persecution; Trials; Human rights movements; Americans;

With a foreword by Diego Quaglioni



This book attempts to determine the degree to which the modern fate of the Western legal tradition depends on one of the most long-standing debates of the Middle Ages, the distinction between potentia Dei absoluta and ordinata (God's absolute and ordered power). The mediaeval investigation into God's attributes was originally concerned with the problem of divine almightiness. It underwent a slow but steady displacement from the territory of theology to the freshly emerging proceedings of legal analysis. Here, based on the distinction, late-mediaeval lawyers worked out a new terminology to define the extent of the power-holder's authority. This effort would give rise, during the early modern era, to the gradual establishment of the legal-political framework represented by the concepts of the prince and sovereignty.


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