Law, Theology, and Morality: Conceptions of the Rights to Relief of the Poor in the Twelfth and Thirteenth Centuries

This article presents an analysis of certain ways of thinking about law and its relationship to the poor, in particular the rights and entitlements of the poor to the basic necessities of life and the obligations of society to provide those necessities. It focuses on the works of Peter the Chanter and his “circle” at Paris in the late twelfth and early thirteenth centuries. Significant in their writings on the quandary between respect for private property and the need to allow those in need to take a share of this private property in order to survive is their negotiation of the intellectual boundaries and understandings between law, theology, and morality. In addition, an understanding of their discussions in light of canonistic and theological works of the time reveal a hitherto under-appreciated contribution to the “subjective rights” language in Peter the Chanter.

Law and theology in Gilbert of Foliot's (c. 1105/10-1187/88) correspondence

Lord Peter Stein, eminent historian of Roman law, described the interaction of law and theology in the writings of one twelfth-century writer as a kind of 'universal jurisprudence' , The twelfth-century figure to whom he referred was Master Vacarius (c. 1115/2O-c. 1200), well-known English Roman lawyer and Anglo-Norman canonist. While Stein drew this conclusion largely on the basis of an analysis of Vacatius' strictly 'legal' work, the Liber pauperum, I have shown elsewhere, following a systematic study ofVacarius' other works, dealing with maniage, christology and heresy, that, when seen together, they demonstrate a use of law as a universal heuristic device to resolve conflict in law and theology.

Law, theology, and the schools: the use of scripture in Ricardus Anglicus’s distinctiones decretorum

The Anglo-Norman canonist Ricardus Anglicus (de Mores or de Morins), as Giulio Silano’s 1982 PhD thesis and provisional edition argues, was as interested in biblical theology as he was in canon law. This wide interest was a product of his time in the Parisian schools. How then did his influential commentary on Gratian’s Decretum, the Distinctiones decretorum, use Scriptural sources to explicate ostensibly canonistic concepts? This paper attempts to explore these issues in the context of the interaction of law and theology in the mid-to-late twelfth-century schools, courts, and ecclesial familiae of Bologna and England.

Scientists and the cultural politics of academic disciplines in late 19th-century Germany: Emil Du Bois-Reymond and the controversy over the role of the cultural sciences

This article is concerned with interactions between the natural and the human sciences. It examines a specific late 19th-century episode in their relationship and argues that the schism between the two branches of knowledge was due to cognitive factors, but consolidated through the social dynamics of institutionalized disciplines. It contends that the assignment of a social function to the human sciences to compensate for the self-destructive tendencies inherent in the technological society was expressed even by those, at the end of the 19th century, who were fervent advocates of a science- and technology-driven modernization.

Filching the Argentine colonists : the encouragement of Patagonians to the Northern Territory in the early twentieth century

This paper explores the background to the emigration of 220 settlers from Patagonia in South America to the Northern Territory during the course of World War I. The group, which arrived in Darwin on the Kwanto Maru in 1915, comprised an unusual mixture of nationalities. The breakdown given in the passenger list and the contemporary press was 113 Spaniards, 45 Russians, 30 Italians. 28 British, I Argentinian [of British parents], 1 Frenchman, 1 Serbian and 1 Greek. Some of the 'Spaniards' were presumably Spanish speaking Argentinians but most were indeed of Spanish descent, such as the Martinez, Perez and Villalba families. Of the British amongst the group, almost all were Welsh. They came as a result of inducements held out to the Welsh amongst the party in the years immediately prior to the war by the Commonwealth Government, which administered the Northern Territory after 1911. This account provides a fascinating case study of the recruitment of immigrants to Australia, and particularly to the Northern Territory, in the early twentieth century.