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· 2024· Book chapter

Origins of Natural Rights Language: Texts and Contexts, 1150–1250

Brian Tierney

Short summary

Twelfth-century humanistic jurisprudence, particularly the writings of medieval Decretists, may be a better origin point for natural rights theories than later nominalism or early capitalism.

AI-generated from the title and abstract; the full text is not read.

Key points

  • Natural rights theories are commonly linked to 14th-century nominalism or 17th-century capitalism.
  • This paper proposes 12th-century humanistic jurisprudence as a more suitable origin for natural rights theories.
  • The writings of medieval Decretists are highlighted as key texts for this earlier origin.
  • This challenges the traditional view of the origins of natural rights.

AI-generated from the title and abstract; the full text is not read.

Abstract

Modern histories of natural rights theories usually place the origin of such doctrines in the late medieval or early modern periods; rights theories are commonly associated with the rise of nominalist philosophy or the beginnings of an entrepreneurial economy. In this paper I want to suggest that the humanistic jurisprudence of the twelfth century, especially the writings of the medieval Decretists, may provide a better starting point for investigating the origins of natural rights theories than either fourteenth-century nominalism or the nascent capitalism of the seventeenth century. 1

The authors' abstract, as published at the source., 2024 · DOI ↗

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Field: Classics

ClassicsArts and Humanities