IMC 2007: Sessions

Session 1009: Ius commune: Papers in Memory of Zoltan Kosztolnyik

Wednesday 11 July 2007, 09.00-10.30

Organiser:Peter Douglas Clarke, School of History, Welsh History & Archaeology, University of Wales, Bangor
Moderator/Chair:Anne J. Duggan, Department of History, King's College London
Paper 1009-aThe Legislation of Stephan I and Bavarian Law (Lex Baivariorum)
(Language: English)
Peter Landau, Leopold-Wenger-Institut für Rechtsgeschichte, Ludwig-Maximilians-Universität, München
Index terms: Canon Law, Daily Life, Law, Medievalism and Antiquarianism, Political Thought
Paper 1009-bSelf-Defense, War and the Ius commune in Giovanni da Legnano’s De bello
(Language: English)
Jasonne Grabher, Hall Center for the Humanities, University of Kansas
Index terms: Canon Law, Law, Medievalism and Antiquarianism, Political Thought
Paper 1009-c'A Divine Precept of Fraternal Union': The Medieval Maxim Quod omnes tangit in Early American Thought
(Language: English)
Bruce C. Brasington, Department of History & Political Science, West Texas A&M University
Index terms: Canon Law, Law, Medievalism and Antiquarianism, Political Thought

Paper a: TBA
Paper b: In the middle of the 14th century Giovanni da Legnano argued that self-defence, while originating in natural law, should properly be understood as a form of war regulated by positive law. In splendid scholastic fashion, he defined and categorized ‘wars’ of self-defence and was the first medieval scholar to assimilate individual acts of licit defensive violence to war in the traditional ius commune sense. In this paper I will discuss Giovanni’s contribution to medieval Roman and canon law theories surrounding self-defence, and his attempt to provide new solutions to long-standing questions about positive law limitations on the right to defend oneself and one’s property.
Paper c: The Romano-canonical quod omnes tangit ab omnibus approbetur is one of the most important medieval contributions to the theory of contractual government. While extensively studied by both medieval and modern scholars, its reception by writers in Colonial and Early National America has been generally overlooked. This paper will explore the influence of this maxim on a variety of American – with some consideration of contemporary English – authors down to the 1820s.