A Prelude to a Preface to Walter Ullmann

In the middle of the summer of 2016, I was plowing through books on Marsilius of Padua (ca. A.D. 1275–ca. 1342) and the figures and the history leading up to him. One professor I spoke with suggested that I look into the history of Roman law –rather than to principles found in Benedictine monasticism— to explain some of the cultural features that would make sense out of some of the positions characteristic of Marsilius.

So I started to tear through books on Roman law. I read through Stein, and acquired many of the primary sources found in the end-of-chapter bibliographies; I bought Harries, and picked up Jolowicz. I began carefully to read my way through several sections of Justinian’s InstitutesStein I was reading together with CanningKing, and Black, among others; in Canning’s and King’s works, in some of the choicest footnoted section, I kept running across references to a work titled Law and Politics in the Middle Ages by Walter Ullmann. Ullmann taught several of the members of Monty Python, Nederman wrote, and several ideas of his (again, so I was told) are expressed in their movies, and in their radio and TV shows — so he must be fascinating and entertaining! Ergo, I picked up a copy of Ullmann’s Law and Politics, and started reading through it.  Continue reading

The Flags of the Dead and the Promise of the Future, Part 2 of 5

Continued from Part One.
Continue reading

A (Partial) Failure

I have been using several topoi  to investigate the trends from Benedict of Nursia to Marsilius of Padua (vi&., consent, participation, procedure, discernment, whether nature tends to any good, the application of law — i.e., judgment, the purpose of law, natural vs. positive law, and whether the ruler is under any law). By means of these topoi I have come to conclude that, although there are significant connections between Benedictine monasticism and the later forms of papal plenitude of power, my original thesis that extended this thread to Marsilius in fact overextended, and fails.

Continue reading

The Monastic and Ecclesio-political Origins of Some Elements of our Modern Polities, Part 1 (Revision 4)

Two important features of all modern polities are (1) an emphasis on proper procedure and (2) a systematic ensurance of popular consent. Contrary to common expectation, these do not come directly from ancient or Enlightenment conceptions of political life, but first take on their later forms by way of Late Antique and Medieval monastic and ecclesiastical environments. 

In this set of posts we shall look at a trajectory from roughly Benedict of Nursia to Marsilius of Padua, looking over our shoulder, later on, at Aristotle and Cicero. 

Continue reading