The Political Thought of Baldus de Ubaldis. Cambridge Studies in Medieval Life and Thought: Fourth Series, 6.

Ein sehr gutes und sauberes Exemplar, lediglich leicht papierbedingt gebr�te Seiten / A very good and clean copy, only slightly paper browned pages. - This book is concerned with the political thought of the Italian jurist, Baldus de Ubaldis (1327-1400). In the history of European thought Baldus is of the first importance because he shared with his teacher and colleague, Bartolus of Sassoferrato, the greatest fame and influence amongst the Commentators, the school of jurists which originating in the late thirteenth century dominated Roman law studies in the late Middle Ages and remained highly influential into the seventeenth century. Baldus was also a canonist of renown. Yet whereas Bartolus has attracted great attention from modern scholars, Baldus, despite being his juristic peer, has been seriously neglected. Dr Canning has in this book produced the first full-scale study of Baldus� political thought. Dr Canning has placed Baldus� political ideas in the context both of the historical conditions in which they were produced and of the intellectual traditions to which Baldus was heir. Particular attention has been given to comparing Baldus� ideas with those of other jurists. The main themes are Baldus� treatment of universal and territorial sovereignty; his contribution to the development of the idea of the state notably through his employment of juristic corporational ideas and Aristotelian concepts; his theory of the sovereignty of independent city-republics; his ideas of citizenship; and his discussion of kingship and signorie. Baldus� political ideas form part of the juristic mainstream of late medieval, Renaissance and early modern political thought, and his direct influence in this area can be traced into the sixteenth and seventeenth centuries in, for instance, the works of Bodin and Suarez. / CONTENTS Preface Abbreviations INTRODUCTION I UNIVERSAL AND TERRITORIAL POWERS: THE FUNDAMENTAL STRUCTURE OF BALDUS� POLITICAL THOUGHT The universal sovereignty of the emperor The relationship between the emperor and the pope The temporal power of the pope The lex regia The de iure�de facto distinction The Neapolitan solution 2 THE NATURE AND LIMITATIONS OF THE EMPEROR�S POWER The absolute power of the emperor The emperor and the positive law The emperor and higher norms Private property Feudal relationships The emperor�s office The emperor and the common good 3 THE SOVEREIGNTY OF INDEPENDENT CITY-REPUBLICS I: Baldus� de facto argument for territorial sovereignty The civilian background to Baldus� theory Autonomy and sovereignty The role of consent Non-confirmation by a superior: Baldus� commentary on I. Omnes populi (D.l.1.9) Non-recognition of a superior and the replacement of the emperor Territorial sovereignty II: The limitations on territorial sovereignty Ecclesiastical jurisdiction and the position of the clergy The Roman law, guilds and Guelph and Ghibelline parties Higher norms III: Summary 4 MEMBERSHIP OF THE CITY-COMMUNITY: POLITICAL MAN AND CITIZENSHIP Political man Created citizenship 5 THE CITY- 'POPULUS' AS A SELF-GOVERNING CORPORATION The populus as a corporate legal person The government of the populus Baldus and the idea of the state 6 KINGSHIP AND �SIGNORIE� The rule of kings The rule of signori: the case of Giangaleazzo Visconti, Duke of Milan CONCLUSION APPENDIX I Latin text of passages translated into English and of part of Baldus� commentary on D.1.1.9 APPENDIX II Notes on civilians and canonists mentioned in the text Bibliography Index. ISBN 9780521325219