of mediaeval civilization in its great period (1050-1300)
ecclesiastical. The attempt of the Church to achieve a general synthesis
of human life by the application of Christian principle. (1) The control
of war and peace and the feudal world: the Truce of God and the
Crusades: the papacy as an international authority: the mediaeval
conception of war. (2) The control of trade and commerce and the
economic world: just wages and prices: the mediaeval town. (3) The
control of learning and education and the world of thought:
reconciliation of Greek science and the Christian faith: allegorical
interpretation of the world and its effects on natural science.
III. The mediaeval theory of society. The organic conception of society:
mediaeval thought _naturaliter Platonica_. The one society of mankind.
Hence (1) little conception of the State or sovereignty or State law;
but the universal society has nevertheless to be reconciled in some way
with the existence of different kingdoms. Hence, again, (2) no
distinction of Church and State as two separate societies: these are
two separate authorities, _regnum_ and _sacerdotium_, but they govern
the same society. The one society of mankind an ecclesiastical scheme
uniting a great variety of personal groupings.
IV. The influence of law on the development of the kingdom into the
state--a process begun early in England and France, but only generally
achieved about 1500. The new conditions--geographical, economic,
linguistic--which prepare the way for the new world of the sixteenth
century. The gulf between that world and the old mediaeval world. The
hope of unity to-day.
CHAPTER V. UNITY AND DIVERSITY IN LAW
The Problem in the Ancient World. Law universal and supreme over mankind
(Sophocles, Antigone). Law arbitrary and varying from place to place
(Herodotus). Nature and convention. The 'rightlessness' of the stranger
in antiquity. The law was a 'law of citizens'. Admission of the
foreigner to legal protection. Rome develops a law of the men of all
nations (_ius gentium_), which reacts upon the law of citizens (_ius
civile_), and ultimately coalesces with it. The law of nature.
The break-up of the Ancient World; the Middle Ages. The invaders bring
their own law with them. In the kingdoms which they founded each man had
his 'personal law'. Local Law. Feudal Law. The beginnings of National
Law: England, France, Germany. Roman Law in the Middle Ages. The Canon
Law.
The Modern
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