medieval-religion: Scholarly discussions of medieval religion and culture
There is also Reg. xliv: Is, qui tacet, non fatetur; sed nec utique negare
videtur.
Cyprian
----- Original Message -----
From: Tom Izbicki <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 16, 2001 3:18 PM
Subject: Re: The role of consent
> 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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