This Article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests in light (...) of shifting values and changing circumstances. As a normative principle, technological neutrality in copyright law thus demands a nuanced and relational understanding of the rights at play, and the social values that they seek to foster as technologies evolve. (shrink)

Confessions of Love: The Ambiguities of Greek Eros and Latin Caritas, edited by Craig J. N. de Paulo, Senior Editor, et al. American University Studies Series, vol. 7: Theology and Religion. New York: Peter Lang Publishers, 2011. Details: Collection of scholarly essays on love. Distinguished contributors include Roland Teske, S.J., Phillip Cary, Leonid Rudntyzky, Bernhardt Blumenthal, et al.

Only a few of the many political treatises from the early 1300s have been made available to English readers, and Nederman (political science, Texas A&M U.) helps remedy the situation by translating from the Latin several important commentaries on the political scene in England during the early years.

During the Latin Middle Ages, as today, “tyranny” connotes the exercise of power arbitrarily, oppressively, and violently. Medieval thinkers generally followed in the footprints of early Christian theologians and ancient philosophers regarding the tyrant as the very embodiment of evil rulership and thus as the polar opposite of the king, who governed for the good of his people according to virtue and religion. However, examination of the writings of some well-known and influential authors from ca. 1150 to ca. 1400—including John (...) of Salisbury, Ptolemy of Lucca, William of Ockham, Bartolous of Sassoferrato, and Nicole Oresme—reveals three very diverse and distinct conceptions of tyranny, each of which justified the tyrant in one way or another. (shrink)

This article challenges two dominant views of religious and cultural toleration, namely, that it is modern and that it is Western. It claims instead that both medieval Latin thought and many non-Western traditions embraced a position that coherently defends tolerance beliefs and practices. Specifically, the article identifies four approaches that clearly favour toleration: scepticism, functionalism, nationalism and mysticism.

Authors from the twelfth to the sixteenth centuries defended recognizable principles of toleration. Some scholars have objected that ideas of tolerance originating during the European Middle Ages are irrelevant to modern theories of toleration. The present paper, building upon Michael Sandel’s concept of “judgmental toleration,” demonstrates the applicability of medieval tolerance in modern contexts. The essay initially surveys examples of the deployment of “judgmental toleration” during the Middle Ages in the writings of St. Thomas Aquinas, Nicole Oresme, St. Augustine, Christine (...) de Pizan, Francisco Suárez, and Bartolomé de Las Casas. Thereafter, the paper considers how “judgmental toleration” may prove useful in solving problems that arise in modern theories of tolerance, as reflected in the classical liberalism of John Stuart Mill and in deliberative democratic thought. Thus, medieval defenses of tolerance afford lessons from the past that are salient in the present. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Amazing Grace: Fortune, God, and Free Will in Machiavelli’s ThoughtCary J. Nederman*Machiavelli and ReligionSurely there is no political theorist about whom scholarly opinion is more divided than Niccolò Machiavelli. The subject of intense and continuous examination almost from the time of his death, Machiavelli has become if anything more enigmatic with the passage of time and the proliferation of interpretations. Although one might argue that this fact reflects the (...) highly unsystematic and context-bound nature of his thought, the now well-established consistencies in his linguistic usage and narrative style suggest that certain principles inform his writings across genre and circumstance. 1One of the most contentious aspects of Machiavelli’s writing has been his attitude towards religion, in particular, Christianity. 2 To be sure, Machiavelli [End Page 617] was no friend of the institutionalized Christian Church as he knew it. The Discourses makes clear that conventional Christianity saps from human beings the vigor required for active civil life. 3 And the Prince speaks with equal parts disdain and admiration about the contemporary condition of the Church and its Pope. 4 Many scholars have taken such evidence to indicate that Machiavelli was himself profoundly anti-Christian, preferring the pagan civil religions of ancient societies such as Rome, which he regarded to be more suitable for a city endowed with virtù. 5 At best Machiavelli has been described as a man of conventional, if unenthusiastic, piety, prepared to bow to the externalities of worship but not deeply devoted in either soul or mind to the tenets of Christian faith. 6In recent times, the only dissenting voice of note has been Sebastian de Grazia, whose Pulitzer Prize-winning intellectual biography, Machiavelli in Hell, attempts to rescue Machiavelli’s reputation from those who view him as deeply hostile to Christianity. 7 De Grazia argues that not only do central biblical themes run throughout Machiavelli’s writings but that these works reveal a coherent conception of a divinely-centered and ordered cosmos in which other forces (“the heavens,” “fortune,” and the like) are subsumed under a divine will and plan. Machiavelli in Hell points to evidence from throughout the Machiavellian corpus supporting an idea of divine ordination of earthly events, especially in the case of the accomplishments of extraordinary individuals. For de Grazia’s Machiavelli success in human affairs depends primarily upon the friendship of God.De Grazia’s interpretation of Machiavelli’s religious faith has, of course, proven controversial, not least because he introduces his case in a fairly unsystematic and speculative way. 8 But while de Grazia’s presentation may be somewhat haphazard, the general reading he defends has important merits that ought [End Page 618] not to be overlooked. Machiavelli does make reference to a monotheistic divinity, as well as to central elements of Christianity theology, rather more often in his corpus than most scholarship might lead one to believe. Moreover, the passages in which these references occur are often among the most important and troubling sections of his work. De Grazia would seem, then, to be correct in asserting that we must grasp Machiavelli’s idea of God and the divine role in earthly affairs if we are to understand the basic principles of Machiavellian political theory.If de Grazia’s basic observation is indeed persuasive, why have Machiavelli’s religious ideas been so widely overlooked (or indeed dismissed) by recent scholars? To explain this we have to take into account Machiavelli’s own exaggerated statements regarding the originality of his teachings, as well as his already mentioned antipathy towards the institutions and officials of the Roman Church. But perhaps more important has been the reluctance to read Machiavelli in conjunction with many central cultural and intellectual features of his time, especially in terms of persisting patterns and traditions of medieval Latin thought. One of the most striking developments in the study of Western intellectual history in recent years has been the recognition of important continuities between the ideas of the late medieval and the early modern periods. Scholars have come to realize that many of the supposed innovations of the Renaissance, the Reformation, and even the early Enlightenment had clear roots or antecedents in... (shrink)

Recent research has emphasized the continuities in European republican political thought from the late Middle Ages until well into the Renaissance and even beyond. Two of the central figures in the story of the persistence of republicanism are Ptolemy of Lucca, who is commonly viewed as the quintessential late medieval republican, and Niccolò Machiavelli, whose work is generally regarded as the classic statement of early modern republicanism. We argue that these two remain conceptually at considerable remove from one another, a (...) claim we illustrate by analyzing the impact of the reception, Latin translation and transmission of the Histories of Polybius, and especially the theory of constitutional change proposed in Book 6. The unavailability of the Histories to Ptolemy and its rather ample use by Machiavelli at the beginning of the Discourses signal an important divergence in the theoretical principles underlying the defense of republican institutions. In turn, this variation captures one facet of the distinct qualities of republican thought that separated the intellectual terrain of the early fourteenth century from that of the sixteenth century. (shrink)

This volume deals with the development of moral and political philosophy in the medieval West. Professor Nederman is concerned to trace the continuing influence of classical ideas, but emphasises that the very diversity and diffuseness of medieval thought shows that there is no single scheme that can account for the way these ideas were received, disseminated and reformulated by medieval ethical and political theorists.

As Cary J. Nederman writes in the foreword to this new edition, "Marsilius continues to speak to many of the salient issues of modern political life, expressing his doctrines in a language that has resonance and relevance. Whether in addressing the role of citizenship as a buffer between individual and community, or in explicating the foundations of religious toleration, the _Defensor pacis_ (and Marsilius' other writings) affords a distinctive theoretical perspective that rivals that of any of the great thinkers of (...) the Western political tradition.". (shrink)

In recent years, scholars have begun to give greater attention to the 14th-century political writer, Ptolemy of Lucca, mostly on account of his avid defense of republican government in the treatise, De regimine principum. Educated in the scholastic curriculum at the University of Paris, Ptolemy has typically been identified by scholars as one of the most thoroughly Aristotelian medieval thinkers. Ptolemy, like many of his contemporaries, peppered his writing with citations from Aristotle's major works. This article, however, examines the sources (...) employed in Ptolemy's republican arguments, finding that the legacy of Republican Rome played a far more critical role in shaping his republicanism than could be attributed to Aristotle's moral or political works. Though conversing fluently in an Aristotelian language system, Ptolemy's arguments in De regimine principum are derived, at their core, from his reading of Roman Republican sources, not from Aristotelian influence. This discovery reveals Ptolemy to be an even more artful and original writer than was previously assumed, and should add to, rather than detract from, his place as a key figure in the development of western political thought. (shrink)

Machiavelli’s antipathy toward institutionalized Christianity has been very well documented, but less attention has been afforded to whether there might be some version of Christianity of which he would have approved. In the present paper, we investigate Machiavelli’s misgivings about Christianity by inquiring into the role that he assigned to prayer, through which Christian “ideology” was operationalized. To our knowledge, nowhere in the large body of Machiavelli literature has anyone investigated systematically one such device for transmitting doctrinal principles into everyday (...) practices. We contend that Machiavelli’s formulation of prayer is consistently transactional and in line with pagan worship, especially as it was practised by Roman religion. We conclude that Machiavelli was not un-Christian, but that his formulation of prayer reveals one element of his criticism of the earthly church that he believed was complicit in twisting Christianity’s potential for promoting commitment to love of country and civic liberty. (shrink)

Within the political lexicon of the European Middle Ages, tyranny (along with related terms such as tyrant and tyrannical) constituted one of its most ubiquitous and flexibly applied discursive fields. Moreover, once Aristotle’s Ethics and Politics began to circulate in the West after their translation into Latin in the mid-1200s, a closely related term for tyranny emerged: despotism. Yet when we turn to Marsiglio of Padua, the fourteenth-century political theorist who is often regarded to be the quintessential medieval exponent of (...) Aristotelian political ideas, we find remarkably few references to either tyranny or despotism. The present article examines how Marsiglio deploys the languages of tyranny and despotism in his major work, the Defensor pacis (completed in 1324). Three intertwined theses are proposed. First, the occasions on which Marsiglio invokes tyranny and despotism reveal a great deal about his intellectual connection to his supposed source, Aristotle. Second, unacknowledged dimensions of Marsiglio’s highly critical attitude toward the papacy, especially the doctrine of the papal plenitude of power (plenitudo potestatas), may be illuminated. Third, examination of the languages of tyranny and despotism reveals additional insights into Marsiglio’s signature theory of political consent espoused in the first discourse of the Defensor pacis. (shrink)

Life and career -- Early life and education (1115/1120-1147) -- In the service of Canterbury (1148-1156) -- Author and administrator (1157-1161) -- The Becket dispute (1162-1170) -- Final years (1171-1180) -- Writings -- Entheticus de dogmate philosophorum -- Policraticus -- Metalogicon -- Historia pontificalis -- Miscellaneous and spurious writings.

The Western Middle Ages witnessed the emergence of a wide array of economic theories of public life and the common good that emphasized the worthiness (indeed priority) of ensuring a satisfactory arrangement of economic goods primarily for the sake of meeting the physical, temporal needs of individuals from all classes and orders. The chapter surveys a plethora of texts, dating from the middle of the twelfth century up to the end of the fifteenth, that considered pragmatic issues related to how (...) the material self-interest of human beings coincided with the augmentation of public wealth within a community, and especially how governmental policies promoted or hampered the goal of personal economic improvement. Despite the diversity of and occasional discordance among these writings, all of them fundamentally agree on two interrelated points: (1) the pursuit of material self-interest, rather than conflicting with or detracting from the common good, actually supports and enhances it; (2) the responsibility of government to promote the public welfare requires paying careful attention to the protection and promotion of private advantage. (shrink)

Machiavelli's Virtue. By Harvey C. Mansfield xvi + 372 pp. $15.00, £11.95 paper. From Poliziano to Machiavelli: Florentine Humanism in the High Renaissance. By Peter Godman xviii + 366. $49.50, £33.50 cloth.

This innovative collection points to the need for a reevaluation of the origins of toleration theory. Philosophers, intellectual historians, and political theorists have assumed that the development of the theory of toleration has been a product of the modern world, and John Locke is usually regarded as the first theorist of toleration. The contributors to Difference and Dissent, however, discuss a range of conceptual positions that were employed by medieval and early modern thinkers to support a theory of toleration, and (...) question the claim that Locke's theory of toleration was as original or philosophically adequate as his adherents have asserted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Meaning of “Aristotelianism” in Medieval Moral and Political ThoughtCary J. NedermanI. “Aristotelian” and “Aristotelianism” are words that students of medieval ideas use constantly and almost inescapably. 1 The widespread usage of these terms by scholars in turn reflects the popularity of Aristotle’s thought itself during the Latin Middle Ages: Aristotle provided many of the raw materials with which educated Christians of the Middle Ages built up the edifice (...) of medieval thought. From 1100 it was difficult to receive a good education in Europe without reading at least some Aristotle, along with authors such as Boethius and Cicero who were heavily indebted to the Philosopher’s teachings. After 1200 no university-trained cleric was likely to be wholly unfamiliar with the essential characteristics of the Aristotelian world-view. 2 Thus, Aristotelianism constituted an indispensable common currency of intellectual intercourse during the Middle Ages.Yet at the same time medieval Aristotelianism could never be all-embracing or complete. Given the centrality of Christian religion to medieval Latin thought, it was effectively impossible for Western thinkers to accept basic tenets of Aristotle’s philosophy, such as the nature of the soul, the powers of God, and the source of ultimate human happiness. 3 In view of the [End Page 563] incompatibility of primary Aristotelian and Christian doctrines, no author in medieval Europe could faithfully or safely espouse an unalloyed Aristotelianism.The “Aristotelianism” of the Middle Ages thus possesses something of a paradoxical quality: it is everywhere and yet nowhere. Such uncertainty about the precise meaning and appropriate application of the ascriptions “Aristotelian” and “Aristotelianism” has led some intellectual historians to raise fundamental questions about the validity of these classifications. In a provocative article on the interpretation of “Aristotelianism” in medieval and Renaissance natural philosophy, Edward Grant poses this problem quite pointedly: “What criteria have to be met for one to be considered, say an Aristotelian...? Can such criteria even be formulated? Is there an essence of Aristotelianism... that might provide a means of determining who is, and who is not, a legitimate member of [this group?]” 4 Grant’s own attempts to solve this problem are geared to the particular circumstances of medieval cosmology and physics, fields in which the Aristotelian paradigm entered Latin thought rapidly and reigned unchallenged for three centuries. 5 Consequently, his solutions do not generalize well to other areas of philosophical discourse, such as moral and political philosophy, which experienced rather different processes of Aristotelian transmission and reception.It may therefore be fruitful to examine more carefully the meaning of Aristotelianism as applied specifically to the fields of ethics and politics, and indeed to question whether (or in what ways) the ascription of an Aristotelian outlook to medieval moral and political thought is warranted. In particular I propose to consider the two standard definitions of “Aristotelianism” that have emerged from the literature on the moral and political ideas of the Latin Middle Ages: a strict, essentialist account which holds that Aristotelianism requires endorsement of some salient core of Aristotelian writing or doctrine; and a looser approach which maintains that mere citation of Aristotle’s work or adoption of his language is sufficient to earn the label “Aristotelian” for a medieval text or thinker. While both of these conceptions of Aristotelianism enjoy certain distinct merits, each ultimately proves inadequate to cope with the complexities of the use of Aristotle’s moral and political ideas and texts during the Middle Ages.Does the failure of attempts to define “Aristotelianism” coherently mean that the term itself is a spurious or irrelevant category for the analysis of medieval ethics and political philosophy? I shall ultimately argue that it is possible to identify a coherent meaning of Aristotelianism in the political and moral realms that avoids the shortcomings associated with previous interpretations. Specifically, I claim that the medieval “Aristotelian” tradition is [End Page 564] held together by a particular organization of and orientation towards the kind of knowledge necessary for achieving human good in its moral and political dimensions. Stated succinctly, Aristotelianism posits the practical quality of the study of ethics and politics and hence the value of such knowledge insofar as it guides action. In my view the Aristotelianism... (shrink)

This paper focuses on the first iteration of Thrasymachus’ claim as reported in Book I of Plato’s Republic that ‘justice is the interest of the stronger’, namely, a ‘political’ interpretation, according to which ‘justice is the interest of the stronger party in each polis as established in the law’. The author contends that this argument is logically and rhetorically distinct from Thrasymachus’ subsequent restatements of his position in Republic I. The ‘political’ version of the Thrasymachean position enjoyed currency after the (...) composition of the Republic — and in a way that was not entirely negative. The current paper examines two cases of this reception: the first, in Plato’s own late work, the Laws, where he reengages with the Thrasymachean doctrine; the second, in the De republica Anglorum of Sir Thomas Smith, an early modern theorist who self-consciously defended Thrasymachus’ theory of justice. The paper’s immediate purpose is to suggest that Thrasymachus’ conception of ‘political’ justice, in particular, has far more coherence and power than the supposed ‘refutation’ of it in the Republic might leads us to believe. (shrink)

A reprint of the Routledge edition of Medieval Political Theory, a Reader: The Quest for the Body Politic, 1100-1400. This anthology includes writings of both well-known theorists such as Thomas Aquinas and John of Salisbury as well as those lesser known, including Christine de Pisan and Marie de France, and will be of value to students of the history of political theory as well as those of medieval intellectual history.

In this essay I think about the ways in which orientation towards the future plays a central role in constituting meaningful lives. Much intellectual work on the nature of persons takes our existence as something given and static, and much of it treats persons as either isolated individuals, or as completely subsumed within a social identity. However, we are both, and neither; we are always individuals, and we are always social creatures, and yet we are never fully either of these. (...) Understanding who and what we are in each of these ways reveals something important, but each understanding also reduces us and limits our self-comprehension in dangerous ways. In response I suggest that we refashion the notion of "hope " as an act of subjective faith and self-creation, and as anorientation only possible within free and loving human communities. Perhaps this is willfully naive, but without hope it seems we will drift, or be driven, and our lives will fail to be ours. (shrink)

(1998). The mirror crack'd: The speculum principum as political and social criticism in the late middle ages. The European Legacy: Vol. 3, No. 3, pp. 18-38.

As one might expect of an author of the complexity of John of Salisbury, there is little scholarly agreement regarding the proper interpretation of the major features of his social and political thought. The twelfth-century church-man has always been a controversial figure. Since the late Middle Ages, the ideas contained in his main contribution to political theory, the Policraticus , have been widely analyzed and interpreted. In more recent years, controversy has raged about the nature and significance of many of (...) his main doctrines , his source materials, and his attitudes towards contemporary events and people. (shrink)