History of Philosophy Without Any Gaps HoP 246 - What Pleases the Prince - The Rule of Law
Jan 31, 2016
Explore the impact of Magna Carta on due process and medieval views of kings as the source of law. Investigate the development and interpretation of law in medieval times, including the authority of the prince and the power of the pope. Dive into Aquinas' treatment of law, discussing natural law, divine law, and human law. Delve into changing laws, true rulers, and Aquinas' views on politics and natural law. Examine the concept of natural law and the medieval perspective on violence and warfare.
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Magna Carta As A Constraint
- The Magna Carta (1215) famously tried to constrain King John by requiring the king to submit to law.
- Peter Adamson highlights its symbolic power and long influence on notions of due process.
Reinterpreting Roman Law
- Medievals relied on Justinian's Digest which says "what pleases the prince has the force of law" and that the prince is not bound by law.
- Legal commentators (like Acursius) reinterpreted this to allow rulers freedom to legislate while being bound by existing law.
Limits On Medieval Kingship
- Medieval kings faced practical and intellectual limits on power because nobles provided military and fiscal support.
- Legal thinkers argued the king's legitimacy depends on pursuing the common good and consulting nobles.