Showing posts with label Theories of Government. Show all posts
Showing posts with label Theories of Government. Show all posts

December 15, 2016

McDougall on Royal Bastards: The Birth of Illegitimacy, 800-1230 (Oxford University Press, 2016) @JohnJayCollege @OxUniPress

Sara McDougall, John Jay College of Criminal Justice, has published Royal Bastards: The Birth of Illegitimacy, 800-1230 (Oxford University Press, 2016) (Oxford Studies in Medieval European History). Here from the publisher's website is a description of the book's contents.
The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.


 Cover

June 4, 2015

Machiavelli, Guicciardini, Democracy, and the Rule of Law

Cesare Pinelli, Sapienza University of Rome, has published Machiavelli, Guicciardini and the 'Governo Largo' at 28 Ratio Juris 267 (2015). Here is the abstract.
Niccolò Machiavelli's support for what he calls governo largo, or popular government, is usually contrasted with the diffidence towards it of Francesco Guicciardini, the Florentine aristocrat. The article argues that both these authors grounded their vision on Polybius' theory of “mixed government,” though adapting it in different directions. In examining this difference, the article reaches the conclusion that it concerns far less the degree of popular participation in political decision‐making and government than the value that Machiavelli and Guicciardini respectively ascribe to it in comparison with that of safety‐liberty (or legal certainty). In this respect, their theories may be viewed as anticipating the tensions between democracy and the rule of law, the co‐presence of which provides the essential foundation of the structure of present‐day constitutional democracies.
The full text is not available from SSRN.