Conrad Summenhart's theory of individual rights and its medieval background

This study focuses on the theory of individual rights that the German theologian Conrad Summenhart (1455-1502) explicated in his massive work Opus septipartitum de contractibus pro foro conscientiae et theologico. The central question to be studied is: How does Summenhart understand the concept of an individual right and its immediate implications? The basic premiss of this study is that in Opus septipartitum Summenhart composed a comprehensive theory of individual rights as a contribution to the on-going medieval discourse on rights. With this rationale, the first part of the study concentrates on earlier discussions on rights as the background for Summenhart s theory. Special attention is paid to language in which right was defined in terms of power . In the fourteenth century writers like Hervaeus Natalis and William Ockham maintained that right signifies power by which the right-holder can to use material things licitly. It will also be shown how the attempts to describe what is meant by the term right became more specified and cultivated. Gerson followed the implications that the term power had in natural philosophy and attributed rights to animals and other creatures. To secure right as a normative concept, Gerson utilized the ancient ius suum cuique-principle of justice and introduced a definition in which right was seen as derived from justice. The latter part of this study makes effort to reconstructing Summenhart s theory of individual rights in three sections. The first section clarifies Summenhart s discussion of the right of the individual or the concept of an individual right. Summenhart specified Gerson s description of right as power, taking further use of the language of natural philosophy. In this respect, Summenhart s theory managed to bring an end to a particular continuity of thought that was centered upon a view in which right was understood to signify power to licit action. Perhaps the most significant feature of Summenhart s discussion was the way he explicated the implication of liberty that was present in Gerson s language of rights. Summenhart assimilated libertas with the self-mastery or dominion that in the economic context of discussion took the form of (a moderate) self-ownership. Summenhart discussion also introduced two apparent extensions to Gerson s terminology. First, Summenhart classified right as relation, and second, he equated right with dominion. It is distinctive of Summenhart s view that he took action as the primary determinant of right: Everyone has as much rights or dominion in regard to a thing, as much actions it is licit for him to exercise in regard to the thing. The second section elaborates Summenhart s discussion of the species dominion, which delivered an answer to the question of what kind of rights exist, and clarified thereby the implications of the concept of an individual right. The central feature in Summenhart s discussion was his conscious effort to systematize Gerson s language by combining classifications of dominion into a coherent whole. In this respect, his treatement of the natural dominion is emblematic. Summenhart constructed the concept of natural dominion by making use of the concepts of foundation (founded on a natural gift) and law (according to the natural law). In defining natural dominion as dominion founded on a natural gift, Summenhart attributed natural dominion to animals and even to heavenly bodies. In discussing man s natural dominion, Summenhart pointed out that the natural dominion is not sufficiently identified by its foundation, but requires further specification, which Summenhart finds in the idea that natural dominion is appropriate to the subject according to the natural law. This characterization lead him to treat God s dominion as natural dominion. Partly, this was due to Summenhart s specific understanding of the natural law, which made reasonableness as the primary criterion for the natural dominion at the expense of any metaphysical considerations. The third section clarifies Summenhart s discussion of the property rights defined by the positive human law. By delivering an account on juridical property rights Summenhart connected his philosophical and theological theory on rights to the juridical language of his times, and demonstrated that his own language of rights was compatible with current juridical terminology. Summenhart prepared his discussion of property rights with an account of the justification for private property, which gave private property a direct and strong natural law-based justification. Summenhart s discussion of the four property rights usus, usufructus, proprietas, and possession aimed at delivering a detailed report of the usage of these concepts in juridical discourse. His discussion was characterized by extensive use of the juridical source texts, which was more direct and verbal the more his discussion became entangled with the details of juridical doctrine. At the same time he promoted his own language on rights, especially by applying the idea of right as relation. He also showed recognizable effort towards systematizing juridical language related to property rights.

No Coração das Trevas: o paraíso e inferno do outro em Bernardo Carvalho e Joseph Conrad

Esta dissertação estuda o papel do sujeito na literatura e sua relação com a cultura e alteridade através da análise de duas obras: Nove noites, de Bernardo de Carvalho e Coração das Trevas de Joseph Conrad. As obras estudadas mostram a crise que atinge os protagonistas dos dois livros depois do encontro com outras culturas. Em Nove noites o outro é representado pelo índio e em Coração das Trevas pelos africanos. Em Nove noites o antropólogo Buell Quain se suicida depois de uma estada entre os índios Krahô, e em Coração das Trevas vemos a deterioração do homem branco representada pelo personagem de Kurtz. Considerado um homem notável e um altruísta na Europa, Kurtz teria se corrompido no contato com a realidade do Congo e se torna, nas palavras do narrador Marlow, um dos demônios da terra. A dissolução da personalidade e código moral do homem branco, representada pelos dois personagens, será estudada analisando a relação entre personalidade e cultura e como a falta de apoio e controle grupal desarticula valores até então considerados estáveis, assim como o contato com o outro. Esta desarticulação do sujeito causada pelo choque cultural se soma à crise geral do sujeito moderno e ao mal-estar na civilização, como descrito por Freud. A posição paradoxal do antropólogo, que se situa entre duas culturas, faz parte desta análise, do mesmo modo questões pertinentes a posição dos índios e africanos no Congo. No caso específico de Coração das Trevas trabalha-se a interseção entre a análise do sujeito, e suas implicações, e a construção do personagem de Kurtz como símbolo da violência colonial. O trabalho analisa também as semelhanças entre as duas obras, tanto temáticas como em suas técnicas narrativas e a influência da obra de Conrad nos romances de Carvalho

Approche autofictionnelle de l'homosexualite dans l'oeuvre romanesque de Conrad Detrez. Allusion, latence et chastete

Conrad Detrez does not write ―gay novels‖ as literary critique sees this expression nowadays. However, through self-fiction, Detrez´s novels present an allusive, latent and prudish approach of this topic, which is essential in the author and narrator‘s obsessions