medieval-religion: Scholarly discussions of medieval religion and culture
At 03:27 PM 2/16/2001 +0000, you wrote:
>medieval-religion: Scholarly discussions of medieval religion and culture
>
>Dear Lyn:
>
>I don't know about philosophical discussions, but consent is an
>important concept in canon law. It arises in a few specific
>contexts, namely in terms of collegial/institutional representation,
>marriage, etc.
For marital consent, see the works of Richard Helmholz, beginning with the
book Marriage Litigation in Medieval England (Cambridge, 1974).
>There was also an important precept in canon law (which I think is
>drawn from roman civil law) that silence means consent. Now that
>precept has undergone some severe challenges in recent years!
See the Regulae iuris at the end of the Liber sextus decretalium [VI
5.12.43]: Qui tacet consentire videtur. I believe Thomas More tried
(unsuccessfully) to use this as a defense strategy.
>The best person to contact about this is James Brundage (are you
>still on this list?), who is the great peritus of canon law, and
>someone who likes to share his wealth of knowledge on such
>topics.
This issue is addressed in the works of Brian Tierney (canon law) and
Gaines Post (Roman law), also in the literature on Nicholas of Cusa's De
concordantia catholica. On the latter, see the works of Morimichi Watanabe
and Paul Sigmund.
Tom Izbicki
>In terms of more specific philosophical ideals, you may want to
>look at commentaries on Aristotle's Politics. I suppose you could
>check out Anthony Black's survey of medieval political thought as
>well.
>
>Hope this helps.
>
>Cheers
>Jim
>
>=====================================================================
>
>Dr James R Ginther
>Dept. of Theology and Religious Studies
>University of Leeds
>Leeds LS2 9JT UK
>
>E-mail: [log in to unmask]
>Phone: +44.113.233.6749
>Fax: +44.113.233.3654
> -=*=-
>http://www.leeds.ac.uk/trs/ (Theology and Religious Studies, Leeds)
>http://www.leeds.ac.uk/cms/ (Centre for Medieval Studies, Leeds)
>http://www.grosseteste.com/ (The Electronic Grosseteste)
>====================================================================
>"First up ther wor nobbut God. An 'e said, "Ee, lad, turn th'bloody
>light on." -The Yorkshire Gensesis
>
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