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The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law 1150 � 1625 (Emory University Studies in Law and Religion) (Paperback)

~ (Author) "In a long series of studies, published over the period of forty years, Michel Villey has made notable contributions to our understanding of legal history..." (more)
Key Phrases: permissive natural law, droit naturel classique, conditional natural law, William of Ockham, Pope John, Henry of Ghent (more...)

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Editorial Reviews

Review

". . . a compelling historical account of natural rights. . . .That Tierney brings to his historical task a thorough acquaintance with major contemporary theories of moral and legal rights gives his work additional value for ethicists." -- Religious Studies Review Vol. 24 No. 2, April 1998

". . . a tour de force of integration and learning. . . . It is a synthesis that will become the required starting point in all future efforts to write about the history of rights." -- Studia canonica 32, 1998 --This text refers to an alternate Paperback edition.

Product Description

Series: Emory University Studies in Law and Religion

This series,originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

Product Details

Paperback: 391 pages
Publisher: Wm. B. Eerdmans Publishing Company; 1st edition (January 1, 1997)
Language: English
ISBN-10: 0802848540
ISBN-13: 978-0802848543
Product Dimensions: 8.8 x 6 x 1 inches
Shipping Weight: 1.2 pounds (View shipping rates and policies)

Average Customer Review: 5.0 out of 5 stars See all reviews (3 customer reviews)

Amazon.com Sales Rank: #346,208 in Books (See Bestsellers in Books)
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#17 in Books > Nonfiction > Law > Perspectives on Law > Natural Law
#17 in Books > Professional & Technical > Law > Perspectives on Law > Natural Law

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Inside This Book (learn more)

First Sentence:
In a long series of studies, published over the period of forty years, Michel Villey has made notable contributions to our understanding of legal history. Read the first page

Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
permissive natural law, droit naturel classique, conditional natural law, medieval rights theories, term ius naturale, canonistic jurisprudence, natural ius, habere ius, modern rights theories, licit power, ius poli, omnium una libertas, subjective natural rights, word ius, canonistic texts, canonistic sources, omnia sunt communia, poverty dispute, habet ius, usus facti, juste partage, vir reprobus, ius fori, ius utendi, vita spirituali animae

Key Phrases - Capitalized Phrases (CAPs): (learn more)
William of Ockham, Pope John, Henry of Ghent, Middle Ages, Hervaeus Natalis, Gratian's Decretum, Francisco de Vitoria, Marsilius of Padua, American Indians, Michel Villey, Thomas Aquinas, Johannes Monachus, New York, Richard Tuck, John of Paris, Journal of the History of Ideas, Michael of Cesena, Franciscan Studies, Johannes Andreae, Leo Strauss, Bonagratia of Bergamo, Franciscan Order, Guido de Baisio, Hugo Grotius, Isidore of Seville

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Citations (learn more)

This book cites 83 books:

Natural Right and History (Walgreen Foundation Lectures) by Leo Strauss on 5 pages
Defensor pacis by Marsilius of Padua on 5 pages
The Spanish Struggle for Justice in the Conquest of America by Lewis Hanke on 5 pages
Marsilius of Padua (Two Volumes in One) by Alan Gewirth on 4 pages
The Human Rights Reader (Meridian) by Walter Laqueur on 4 pages

See all 83 books this book cites

27 books cite this book:

Natural Law and Modern Moral Philosophy, Vol. 18, Pt. 1: Social Philosophy and Policy by Ellen Frankel Paul on 4 pages
Covenantal Rights by David Novak in Front Matter, page 199, and Back Matter
The Oxford Handbook of Jurisprudence and Philosophy of Law (Oxford Handbooks Series) by Jules Coleman on page 69, page 74, and page 103
Natural and Divine Law: Reclaiming the Tradition for Christian Ethics (Saint Paul University Series in Ethics) by Mr. Jean Porter on page 179, page 298, and Back Matter
Civil Society and Government. by Nancy L. Rosenblum on page 72, and page 215

See all 27 books citing this book

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5.0 out of 5 stars Natural rights have an origin in medieval thought., December 15, 1998

By A Customer

This review is from: The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law 1150-1625 (Emory University Studies in Law and Religion, No. 5) (Paperback)

Natural rights historians and scholars have expressed numerous opinions regarding the origins of the western notion of natural rights. Tierney argues that the development of natural rights form the basis of the whole western natural rights tradition, and that scholastic philosophers employed concepts of natural rights in their reasoning as early as the thirteenth century. Citing the Franciscan poverty dispute, Tierney demonstrates that it had a lasting impact on the development of western notions of rights. Finally, Tierney's account of the ways in which the concept of natural rights--a medieval notion--made its way to the modern world is original and insightful. Future scholarly work on the origins of the western natural rights tradition must build on Tierney's findings.

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8 of 8 people found the following review helpful:

5.0 out of 5 stars human rights theory before Locke, November 10, 2006

By	jerry kendall (brooklyn) - See all my reviews

Brian Tierney, Professor Emeritus at Cornell has written the book on the genesis of modern natural rights thinking that all future scholars and students of the subject will have to digest. It is a common understanding that modern natural rights thinking began in the Enlightenment with the likes of Hobbes and Locke. Other claimants for the title include Grotius in the 17th century, the theologian Jean Gerson in the 15th century, earlier still Ockham, and Aquinas. Tierney argues that in fact it is in the thinking of the canon lawyers of the 12th and 13th centuries that one can discern the beginnings of modern natural rights thinking.

This history of natural rights thinking between 1150 and 1625 is relevant to the important contemporary questions of whether natural rights is a "western" or more universal notion; of the scope or content of the idea of natural rights; of how the earlier classical and medieval ideas of natural rights relate to the modern notions; and of how natural law, the laws of nature, and natural rights, relate if at all.

Because much of the discussion is about the meaning and understanding of medieval latin terms one regrets not paying more attention in high school latin class. That said Tierney makes it as easy as it can be with his lucid analytic style. Working ones way through this classic is well worth the effort.

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9 of 17 people found the following review helpful:

5.0 out of 5 stars Table of Contents, March 9, 1998

By A Customer

This review is from: The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law 1150-1625 (Emory University Studies in Law and Religion, No. 5) (Paperback)

ACKNOWLDGEMENTS/ CITATIONS/ INTRODUCTION/ Modern Problems and Historical Approaches/ CHAPTER I/ Villey, Ockham and the Origin of/ Individual Rights/ Classical Roman Law/ Individual Rights and Roman Law/ Aquinas and the Canoninsts: Ius and Lex/ Ockham's "Revolution"/ Objections to Villey/ Alternative Approaches/ CHAPTER II/ Origins of Natural Rights Language: Texts and Contexts, 1150-1250/ The Question of Origins/ Sources of Modern Rights Language/ Canonistic Rights Language-Contexts/ Canonistic Rights Language-Texts/ Need and Natural Right/ Conclusion/ CHAPTER III/ Rights and Duties: A Quaestio of Henry of Ghent/ A Prisoner's Dilema/ Ownership of Self/ CHAPTER IV/ The Beginning of Dispute/ From Francis to Ockham/ Approaches to Ockham/ CHAPTER V/ Languages of Rights/ Hervaeus Natalis. Ius and Potestas/ Marsiliuis of Padua/ William of Ockham, Ius Poli and Lex/ Conclusion/ CHAPTER VI/ Property, Natural Right and the State of Nature/ Problems of First Acquisition/ Civilians, Canonists, and Theologians/ Bonagratia of Bergamo and John XXII/ Ockham on Property/ CHAPTER VII/ William of Ockham, Rights and Some Problems of Political Thought/ Origins of Jurisdiction/ Varieties of Natural Law/ Absolutism and Natural Rights/ A Rights-Based Political Theory?/ CHAPTER VIII/ Postscript/ CHAPTER IX/ Gerson, Conciliarism, Corporatism, and Individualism/ Individual and Community/ Tuck on Gerson/ Rights and Reform/ Ius and Dominium/ Chapter X/ Almain, Mair, Summenhart/ Medieval Survivals/ Mair, Rights and Needs/ Summenhart, Varieties of Dominion/ CHAPTER XI/ Aristotle and the American Indians/ Vitoria, Acquinas and Natural Rights/ Vitoria, Rights and Indians/ Las Casas, Indians and Rights/ CHAPTER XII/ Rights, Community, and Sovereign/ Vitoria. Sovereignty and Divine Right/ Saurez, Sovereignty and Natural Rights/ CHAPTER XIII/ Grotius. From Medieval to Modern/ The Question of Modernity/ Natural Law and Natural Rights/ The Right to Property/ Individuals, Society,and Sovereignty/ CONCLUSION/ BIBLIOGRAPHY/

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