For episode 10 see here
The Theory of the Universal Community
XI. The Folk and Its Law
A. Between 6th and 9th Centuries, Roman Empire (and antiquity) broke.
Europe came under Germanic invaders
B. Repeated invasions in 10th and 11th Centuries, little philosophical or
theoretical activity
C. Authority of Fathers Cicero unbounded
D. Early Middle Ages political thought
1. Germanics saw Law as belonging to the folk as if it were an
attribute of the group
2. there was great diversity of laws
3. Law seen to be externally valid and to some degree sacred, pervaded
all of life
4. Law seen to be discovered not made
"The belief that law belongs to the people and is applied or modified with their
approval and consent was therefore universally accepted.... Historically the
apparatus was later than the idea that the people was a corporate body which
expressed its corporate mind through its magistrates and natural leaders."(206)
5. King bound to follow Law as it could be ascertained by consulting
immemorial practice
6. each enjoyed protection of Law according to rank and order as his fathers
had
7. limits on the king were therefore vague
F. Three sorts of claims to royal power were combined
1. Kings inherited throne
2. Election by the people
3. Ruled by grace of God
4. first two became more distinguished as constitutional practices became
regularized and clearly defined
5. Monarchy and Papacy became elective (in the Empire)
G. Feudal relations and ideas
1. large political and economic units not practical
2. agricultural practices and conditions made the village community and
farm lands almost self-sufficient
3. System of land tenure and vested rights
i. land was wealth
ii. obligations were contractual, mutually binding
4. King was titular representative of the public interest, his rule stood on
res publica as a continuation of the commonwealth tradition with king
as chief magistrate
5. King was not absolute, acted through his court or council
6. John of Salisbury recognized the ancient tradition
Next week: The Investiture Controversy
The Theory of the Universal Community
XI. The Folk and Its Law
A. Between 6th and 9th Centuries, Roman Empire (and antiquity) broke.
Europe came under Germanic invaders
B. Repeated invasions in 10th and 11th Centuries, little philosophical or
theoretical activity
C. Authority of Fathers Cicero unbounded
D. Early Middle Ages political thought
1. Germanics saw Law as belonging to the folk as if it were an
attribute of the group
2. there was great diversity of laws
3. Law seen to be externally valid and to some degree sacred, pervaded
all of life
4. Law seen to be discovered not made
"The belief that law belongs to the people and is applied or modified with their
approval and consent was therefore universally accepted.... Historically the
apparatus was later than the idea that the people was a corporate body which
expressed its corporate mind through its magistrates and natural leaders."(206)
5. King bound to follow Law as it could be ascertained by consulting
immemorial practice
6. each enjoyed protection of Law according to rank and order as his fathers
had
7. limits on the king were therefore vague
F. Three sorts of claims to royal power were combined
1. Kings inherited throne
2. Election by the people
3. Ruled by grace of God
4. first two became more distinguished as constitutional practices became
regularized and clearly defined
5. Monarchy and Papacy became elective (in the Empire)
G. Feudal relations and ideas
1. large political and economic units not practical
2. agricultural practices and conditions made the village community and
farm lands almost self-sufficient
3. System of land tenure and vested rights
i. land was wealth
ii. obligations were contractual, mutually binding
4. King was titular representative of the public interest, his rule stood on
res publica as a continuation of the commonwealth tradition with king
as chief magistrate
5. King was not absolute, acted through his court or council
6. John of Salisbury recognized the ancient tradition
Next week: The Investiture Controversy
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