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Philosophy of Law in the Later Middle Ages A History of the Philosophy of Law from the Ancient Greeks to the Scholastics

by: Anthony J. Lisska, Brian Tierney

edited by: Fred D. Miller

(2007), pp. 311-333, doi:10.1007/978-1-4020-4951-4_13  Key: citeulike:11488026

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Abstract

This chapter has a twofold purpose. First of all, it considers the development of natural law moral theory and jurisprudence in the work of certain philosophers who followed Thomas Aquinas (ca. 1226–1274), including Roger Bacon (1214–1294), John Duns Scotus (1274–1308), John of Paris (d. 1306), Marsilius of Padua (1280–1342), and William of Ockham (1280–1347). Second, there follows an elucidation of the development of natural human rights theory. This deals with recent work in the history of human rights theory, arguing that subjective human rights have an earlier appearance in Western jurisprudence than previous scholarship suggested.


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