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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), by Brian Tierney
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Review
A. S. McGrade "A superb scholarly synthesis of medieval into early modern legal, philosophical, and theological sources for an idea widely and not always favorably regarded as a product of the European Enlightenment. . . A scholarly gem with cutting-edge relevance for our present global condition."
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About the Author
The Bowmar Professor in Humanistic Studies Emeritus atCornell University. A world authority on Western historyand canon law, he has published a dozen books includingFoundations of the Conciliar Theory: The Contributionsof the Medieval Canonists from Gratian to the GreatSchism; Origins of Papal Infallibility, 1150-1350: AStudy on the Concepts of Infallibility, Sovereignty andTradition in the Middle Ages; Medieval Poor Law: ASketch of Canonical Theory and Its Application inEngland; and Religion, Law and the Growth ofConstitutional Thought, 1150-1650. "
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Product details
Series: Emory University Studies in Law and Religion
Paperback: 391 pages
Publisher: Eerdmans; 1st edition (January 1, 1997)
Language: English
ISBN-10: 0802848540
ISBN-13: 978-0802848543
Product Dimensions:
6 x 0.9 x 9 inches
Shipping Weight: 1.2 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
2 customer reviews
Amazon Best Sellers Rank:
#1,036,267 in Books (See Top 100 in Books)
I bought this book for a research paper for Law School. I LOVED this book. It does an excellent job of covering the idea of natural rights from the "medieval" period.
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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