Papers by Susan Longfield Karr
Conclusion The Reformation of Europe and the Turn to Jus Gentium About 500 years ago something re... more Conclusion The Reformation of Europe and the Turn to Jus Gentium About 500 years ago something remarkable happened: a crisis of authority across Europe, which had already been simmering for nearly five centuries, erupted into a fast and furious boil. Although we might deem Martin Luther's calls to reform the Catholic Church in the early decades of the sixteenthcentury as the flashpoint that transformed discontent into a seething mess of conflict and rebellion, by doing so we risk mistaking the manifestations of a long-term change for its cause and the pleas for the renewal and restoration of the true church-and the true state-as new rather than as part of a much longer history of calls, emanating from all corners of post-Roman Europe to reform secular and religious institutions and practices that had missed the mark of justice. We also risk overlooking-or at least underemphasizingthe ways in which, by the turn of sixteenth century, the long and haphazard process of city, territorial, and empire-state formation had already begun to transform nearly every aspect of socioeconomic , political, and religious life throughout Latin Christendom, a trend that required attention to, and reassessments of, long-held customs and laws as well as the accommodation and adaptation of new ones. Moreover, fixing our gaze on the causes and consequences of religious transformations might cause us to lose sight of the ways in which a fundamental shift in political and legal thought and practice, particularly in the early decades of the sixteenth century, helped to transform Europe from a collection of feudal-states-whose authority was based in and sanctioned by the eternal plan of God-to an array of increasingly secular states and empires whose authority was evidenced by the nature of man and anchored in ius and ius gentium. It also prompts us to reconsider the assessment that the ideas articulated by the Peace of Westphalia in 1648-and the corresponding political and legal thought that sought to explain and justify them-was solely the product of the wars, religious and secular, civil and international, on land and at sea, that dominated the affairs of Europeans states and empires in latter half of the sixteenth-and the first half of the seventeenth century.1
German History, Apr 1, 2006
Book Reviews der Groeben, and Joschka Fischer. The second section is a much looser collection of ... more Book Reviews der Groeben, and Joschka Fischer. The second section is a much looser collection of contributions, covering various aspects of early identity politics, the role of the SPD in initial integration debates, public opinion, industrial relations and competition policy, and German federalism. The third section deals with West Germany's contact with key neighbours (France, the Netherlands) and other states (Israel, USA) in relation to Europe. The fourth section chiefly concerns itself with the interaction between the Federal Republic and the GDR, but also includes an original piece from Michael Gehler on Count Coudenhove-Kalergi's influence on the neutrality and disarmament debates of the 1950s. The final section looks at the deliberations concerning reforms of the Union during the 1 980s, as well as a new look at the contradictory and complementary interaction between European and national identities. The single criticism that can be raised against this important work is that it excludes any consideration of the legal/constitutional debates concerning West Germany's role in the European project during this period. There is little mention of the important Solange decisions, nor of the struggle to reinforce the Basic Law's comprehensive fundamental rights provision onto the European level. With several articles on the creation of a new 'identity' in the early Federal Republic, it would seem provident to include more coverage of the undoubtedly crucial 'Verfassungsstaat' element of this. Nevertheless, the collection is undoubtedly one of the most complete and wide-ranging historical examinations of the debates in the Federal Republic during the integration process. Its numerous contributions are both excellent and original. Kings College London BILLY DAVIES
Edinburgh University Press eBooks, Dec 14, 2015
Donald R Kelley, "has been written about legal humanism." 1 Yet, little, indeed, much too little,... more Donald R Kelley, "has been written about legal humanism." 1 Yet, little, indeed, much too little, of this literature has explored conceptions of ius gentium (customs in common among all mankind) within humanist jurisprudence (or legal humanism) and its relation to natural law, and especially in relation to ius-or right-in both its subjective and objective aspects. 2 As such legal scholars, political 1 D R Kelley, The Human Measure: Social Thought in the Western Legal Tradition (1990) 145. 2 There is no exact English equivalent for the Roman legal term ius. Depending on the meaning and context within Roman law, in some cases ius means right (i.e. ius in its subjective aspect), while in others it means law (i.e. ius in its objective aspect), but not simply lex, insofar as it entails a sense of rightness, or justice, as in the right order of things or the way things ought to be. For three good accounts of the meaning of natural law, ius, and ius gentium by Roman jurists see P Stein, Roman Law in European History (1999), M P Zuckert, "'Bringing philosophy down from the heavens': natural right in Roman law" (1989) 51 The Review of Politics 70, and C A Donahue, "Ius in the Subjective Sense in Roman Law: Reflections on Villey and Tierney", in D Maffei (eds), A E Cortese (2001) 506. For an in-depth discussion of how medieval jurists, canonists and civilians, interpreted ius, in both its subjective and objective aspects, see especially B Tierney,
Edinburgh University Press eBooks, 2016
History of European Ideas, Jun 1, 2011
This article may be used for research, teaching, and private study purposes. Any substantial or s... more This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae, and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand, or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material.
BRILL eBooks, Sep 15, 2022
BRILL eBooks, Sep 15, 2022
BRILL eBooks, Sep 15, 2022
BRILL eBooks, Sep 15, 2022
BRILL eBooks, Sep 15, 2022
Reassessing Legal Humanism and its Claims
Reassessing Legal Humanism and its Claims, 2015
... I also wish to especially thank. Tamar Herzog, William Novak, and James Hankins. ... Page 5. ... more ... I also wish to especially thank. Tamar Herzog, William Novak, and James Hankins. ... Page 5. Corteguera, Cameron Hawkin.s, Lorraine Daston, Clifford Ando, Annabel Brett, Brian Cummings, and most especially, Martin van Gelderen. However, all errors within remain my own.. ...
This working paper argues for renewed attention by scholars of early modern political and legal t... more This working paper argues for renewed attention by scholars of early modern political and legal thought as to how and why humanist jurists invoked the authority of rights-natural and customaryto legitimize or to critique the expansion of authority underway within Europe in the early sixteenth century. It suggests that attention to legal humanists' discussions of natural law, ius, and ius gentium can offer new insights into one of the most complex problems addressed within the literature: the transformation of natural rights into human rights within the history of early modern political and legal thought. As such this working paper consists primarily of a review of the historiography, wherein legal humanism is either characterized as an incongruity, is dismissed, or is omitted altogether from the history of modern rights theories. After exploring the dominant literature, this essay then provides a broad comparative overview of why it is worth revisiting legal humanism for historians and human rights scholars alike.
BRILL eBooks, Sep 15, 2022
The English Historical Review, 2017
This working paper argues for renewed attention by scholars of early modern political and legal t... more This working paper argues for renewed attention by scholars of early modern political and legal thought as to how and why humanist jurists invoked the authority of rights-natural and customaryto legitimize or to critique the expansion of authority underway within Europe in the early sixteenth century. It suggests that attention to legal humanists' discussions of natural law, ius, and ius gentium can offer new insights into one of the most complex problems addressed within the literature: the transformation of natural rights into human rights within the history of early modern political and legal thought. As such this working paper consists primarily of a review of the historiography, wherein legal humanism is either characterized as an incongruity, is dismissed, or is omitted altogether from the history of modern rights theories. After exploring the dominant literature, this essay then provides a broad comparative overview of why it is worth revisiting legal humanism for historians and human rights scholars alike.
Uploads
Papers by Susan Longfield Karr