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'Ghost of the Empire' : = Church, Law, and the Public Sphere, 1350-1650.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	'Ghost of the Empire' :/
Reminder of title:	Church, Law, and the Public Sphere, 1350-1650.
Author:	Freed, Joshua Alan.
Description:	1 online resource (326 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 85-03, Section: A.
Contained By:	Dissertations Abstracts International85-03A.
Subject:	Political science. -
Online resource:	click for full text (PQDT)
ISBN:	9798380369480

'Ghost of the Empire' : = Church, Law, and the Public Sphere, 1350-1650.
Freed, Joshua Alan.

'Ghost of the Empire' :Church, Law, and the Public Sphere, 1350-1650. - 1 online resource (326 pages)

Source: Dissertations Abstracts International, Volume: 85-03, Section: A.

Thesis (Ph.D.)--University of California, Berkeley, 2023.

Includes bibliographical references

This dissertation examines how lawyers wrote about the Church as a legal and political actor in their commentaries on the Spanish Siete Partidas, the feudal law, canon law, Roman civil law, and city statutes. I show that lawyers strategically rejected the vocabulary of 'statehood' and 'sovereignty' for the Church, but equally allowed it to claim many of the rights and powers of 'states' or 'sovereigns'. The project argues that the Church occupied a middle political space between temporal and ecclesiastical authorities, in which they could take advantage of their influence and exercise power and jurisdiction without the responsibilities of temporal sovereignty. However, this project also argues that the current frameworks for analyzing this peculiar role of the Church-one that approaches the Church from the standpoint of the State and the secular-is insufficient. While acting, administrating, litigating, and even governing, the Church (and jurists) created models for arguments and institutions which would be adapted, adopted, and implemented by other corporate bodies, including the "Modern State". It was the Church itself which often developed the bureaucratic machinery which would be adopted and copied by late renaissance and early modern states. There is, in other words, a latent medievalism within Early Modern thought and the development of democracy: ghosts abound. Only by returning to the Church and its legal self-understanding of its actions can we hope to understand both medieval and modern politics.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2024

Mode of access: World Wide Web

ISBN: 9798380369480Subjects--Topical Terms:

558774
Political science.
Subjects--Index Terms:

DemocracyIndex Terms--Genre/Form:

554714
Electronic books.

'Ghost of the Empire' : = Church, Law, and the Public Sphere, 1350-1650.
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504 $a Includes bibliographical references
520 $a This dissertation examines how lawyers wrote about the Church as a legal and political actor in their commentaries on the Spanish Siete Partidas, the feudal law, canon law, Roman civil law, and city statutes. I show that lawyers strategically rejected the vocabulary of 'statehood' and 'sovereignty' for the Church, but equally allowed it to claim many of the rights and powers of 'states' or 'sovereigns'. The project argues that the Church occupied a middle political space between temporal and ecclesiastical authorities, in which they could take advantage of their influence and exercise power and jurisdiction without the responsibilities of temporal sovereignty. However, this project also argues that the current frameworks for analyzing this peculiar role of the Church-one that approaches the Church from the standpoint of the State and the secular-is insufficient. While acting, administrating, litigating, and even governing, the Church (and jurists) created models for arguments and institutions which would be adapted, adopted, and implemented by other corporate bodies, including the "Modern State". It was the Church itself which often developed the bureaucratic machinery which would be adopted and copied by late renaissance and early modern states. There is, in other words, a latent medievalism within Early Modern thought and the development of democracy: ghosts abound. Only by returning to the Church and its legal self-understanding of its actions can we hope to understand both medieval and modern politics.
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538 $a Mode of access: World Wide Web
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650 4 $a Law. $3 671705
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653 $a Legal history
653 $a Public law
653 $a Sovereigns
653 $a Ecclesiastical authorities
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