Roman Empire (476) completed a period of ancient history and marked the beginning of the history of the

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political and legal doctrines in Western Europe in duringthe Middle Ages


Fall Western Roman Empire (476) completed a period of ancient history and marked the beginning of the history of the Middle Ages. In Western Europe the period EarlyMiddle Ages (V-X cent.) gradually formed caste feudal system.

K IX-X centuries. Western Europe fragmented into many small feudal States, almost independent of the central authority of kings and emperors. Established hierarchical structure of land tenure associated with the relations suzerainty and vassalage, and the estates system. Each class took a feudal hierarchy strictly defined place, the rights (privileges) and responsibilities foreshadowed a place in this hierarchy: from the privileged nobility especially higher education, to the mass of the charged dues of the peasantry.

Special place in the feudal society of Western Europe occupied by the Catholic Church. Church owned about a third of the land, whose population was in the feudal dependence. The church was organized on a feudal model on the principle strict hierarchy on the basis of the monarchies led by the pope. Y Catholic Church had its own courts, the armed forces, a number of rules established church had legal significance (canon law). Clergy were privileged classes of feudal society and the church - an important part of feudal structure.

In period of feudal Catholicism was the only force uniting the Western European world. As a powerful economically and politically, Church played a dominant role in the ideology of medieval society. The lack of a sharp boundary between the slave and feudal societies made it possible to use apologetics to justify slavery serfdom. World Vision of theMiddle Ages was theological, theological worldview. Ancient culture, politics, ethics, art arrogant rejected by the church as a pagan wisdom, useless and even harmful to light of the teachings of Christ. Classes philosophy allowed only in schools established church, functioning under its guidance and control, so the school (scholastic) knowledge and education were theological from beginning to end. One of the central problems of scholasticism was the ratio of faith and reason, religion and philosophy and the problem was solved unequivocally in favor of faith and religion, dogmas which can not be refuted by reason and do not require a philosophical confirmation. The highest and almost the only source of truth recognized sacred Scripture texts which were the starting point and the most important argument in scholastic reasoning, and scholasticism focused not so much at St.. scripture, how many of the dogmas of the official doctrine of the Catholic Church, based on strictly defined and interpreted the text.

Ideological domination of religion and the church led to the fact that the main direction ofpolitical and legal ideology of feudal society in Western Europe performed in a religious garb. Common ideological basis of all political and legal doctrines of theMiddle Ages were religious beliefs, texts St. Scripture. Ideologists of the ruling classes-classes references to the Bible sought substantiate birth inequality, privileges of feudal lords, dependent status peasants. This goal served as texts of the "obedience of slaves to their masters" "The divine power," "not to resist evil by force", contained in New Testament. Peasantry and the townspeople protest against the feudal system expressed in the heretical movements.

None dominant ideology, nor heresy did not give the problems of State and Law leading values for the reason that the first defended the government in any of its manifestation, and the right to take her to the manifestations of power, heresy is appealed to the true Christ's Church as a community of believers, concentrating in himself the power, identifying the right to religious norms of universal equality, justice, mutual.

In more problems of state and law were discussed in the process and result struggle for power and privilege among the Catholic clergy and the secular feudal lords. The Catholic Church headed by the Pope claimed to decisive participation in political power, these claims were based theocratic theories.

Essence these theories came to the fact that the state is subordinate to to the church position, which means that secular rulers should be subordinated to the church not only as ordinary believers, but in some respects to implementation of political power.

In study used the arguments of Augustine Aurelius (see Chap. 4), the theory "Moral law", according to which the Church belongs the right to assess and "Judge" of the emperor not only as a Christian, but also as a carrier power.

widely distributed were "theory of two swords", based on an arbitrary connection and interpretation of quotations from the Gospels (the emperor receives his sword from the church and therefore should serve her with his sword) and "theory of the sun and moon" (as the moon gets its brilliance of the sun, so the royal power derives its luster and credibility of the Pope).

Church used various fakes - for example, "Donation of Constantine" (forged charter on behalf of the Emperor Constantine I, who though still in the IV. conveyed Roman popes power over the Western Roman Empire) and "lzheisidorovykh dekretalii" (stating that the kings and emperors from the early centuries of Christianity subordinate popes as successors of Christ and the apostle Peter).

Emperors and the kings sought to justify its independence from the church in secular affairs; one of the thorny issues had investiture (the right to appoint bishops). Protected from claims of the Church, emperors and kings referred to the texts of the same the writings of all the divine (ie, their) power ( "existing as authorities established by God "). They in their own interpretations of "the theory of two swords - sword temporal power does not depend on the church, as Christ said: "My kingdom not of this world ".

C Theoretical support for the monarchy in its struggle against the feudal fragmentation and attempts to interfere in the affairs of the Church of the temporal power of the XII century. performed medieval jurists (Legist). In XI-XII centuries. Bologna formed School glossators, who studied and taught Roman law ( "gloss" -- observation, explanation). In the dispute between the emperors and the church Legist-glossators on the side of the secular authorities. Most Legist argued that people gave full authority of the Emperor, whose power is unlimited and hereditary. Referring to the laws of the Roman Empire, where the will of the emperors considered the supreme law, Legist believed the main source of law, laws, established by the secular authority of emperors, kings, cities. Similar ideas from XIV century. justify post-glossators, commentators have applied the rules scholastic logic to the processing of material collected glossators. Some lawyers of the Middle Agesbelieved the natural right of freedom and slavery -- product of violence. In general, the doctrine Legist with the interests of the emperors, as well as the townspeople, sick of dependence on ecclesiastical authority.

Protection Legist independence of secular authority caused irritation of the Catholic Church, the clergy to ban the study of Roman law, as well as teaching he University of Paris. In contrast, schools Legist in XII century. was created a school canonists systematized Papal decrees and bulls, solutions church councils, statements Fathers of the Bible. Natural right they identified with the divine law, laid down in sacred books, as the sole source of human rights considered customary. Canonists disapproved of the old decision of the Synod (IX cent.) strictly forbade bishops and abbots confer the freedom of slaves, or to dedicate them to the priests. Canonists threatened anathema to those who encouraged slaves to escape or assisted fugitive slaves.

Cricket popes and emperors sometimes took a rather acute; Catholic Church appealed to his subjects and vassals liking her rulers, freeing them on oath; kings and emperors in the fight against the feudal church resorted to armed force, but always when the movement of the masses to take dangerous nature, church and state were together: the kings and emperors helped to eradicate the heresy, the clergy helped to suppress the peasant uprising.

^ 2. The politico-legal theory of medieval scholasticism. Thomas Aquinas

In XI-XIII centuries. throughout Europe swept the first wave of heretical movements, seriously shaken the belief in the sanctity and inviolability of caste and feudal attitudes (see ? 3). Harsh criticism birth order and its ideology, the part of heretics demanded a new ideological justification of feudalism. This task is sought implement major ideologist of the Catholic Dominican monk Thomas Aquinas (1225 or 1226-1274 gg.). (The purpose of the Dominican order was to fight the heresies "With fire and syllogisms" .- Notes. bus.)

In spirit of medieval scholasticism Thomas considers philosophy as a maid theology (ancilla theologiae). It is for the active intervention of the church in the philosophy and science, against the concept of "two truths", which provided some scope searching for "the earth truth ", the lowest in relation to the truth of heaven" (comprehended by revelation and faith), but does not depend on it, and sometimes even coming to her in a contradiction. Subsequently, the ideologists of the Catholic Thomas Aquinas put to the credit of an appeal to the science and philosophy, broad erudition, extensive logical reasoning, interest to the heritage of ancient culture. However, from the connection between science and religion won only the latter, science, squeezed into the Procrustean bed of scholastic theorizing, in general has lost the ability to self-development. First medieval philosophers of Western Europe, Thomas Aquinas made extensive use works of Aristotle.

Main Aristotle's works became known in Western Europe at the end of XII - the beginning XIII century. When they were translated from Arabic into Latin. With ideas AristotleEuropean thinkers initially embraced the idea of Arab philosophers, especially the teaching of Averroes on the "double truth" (see Chap. 6, ? 3). It against this doctrine ( "averroesizma"), as noted, disagreed Thomas Aquinas.

Y Aristotle, Thomas Aquinas took the first teaching about the "active form", giving Life passive matter. According to the teachings of Thomas, the world is based on a hierarchy of forms (from God - Pure Reason to the spiritual world and, finally, to the material), from which give the highest forms of life lower. At the head of the hierarchy (the earth and sky) is God, who established the principle of subordination of the lower forms higher. Spiritual World headed by the Pope as the vicegerent of God. By the same hierarchical organized and society; subjects obey kings and secular authorities, the slaves must obey masters.

Large place in the political-legal doctrine of Thomas is the doctrine of the laws, their forms and subordination.

Law defined as a general rule to achieve the goal, the rule that anyone prompted to act or abstain from it. Taking Aristotle's division laws on natural (they are self-explanatory) and positive (unwritten), Thomas Aquinas added a division to the laws of human (determine the order of public life) and divine (point towards the "heavenly bliss"). Of combination of these two classifications are shown four types of laws: eternal (divine natural), natural (natural human) human (human positive) and divine (divine positive).

Eternal Law Thomas calls "the divine reason itself, managing the world", this law underlies the entire world order, nature and society.

Natural law is interpreted as a reflection of the eternal law of human reason; thereto include laws dorms, the desire for self-preservation and procreation.

Man law, under which Thomas meant feudal law in force, he considered as an expression of the requirements of natural law and the reinforcement of duress sanction. The need for human law was justified by the fact that people due to the fall have distorted the will, the freedom which is to opportunities to do evil, to ensure the inviolability of the requirements of natural the law should be forcing people to virtue by force and fear of punishment.

Finally, to the divine, or frankly, the law, Thomas attributed the Bible. Almost

essence of this concept is to ensure that the requirements of the current (human) law ultimately derive from the will and mind of God, because a violation feudal law not only entails coercion and punishment, but is grave sin.

Large Thomas Aquinas devotes attention to the justification of caste inequality. One of the main slogans heretical movements was the idea of equality in Christ, interpreted as denial of class privileges, the conviction of the disadvantaged position of the peasants. Substantiation caste feudal privileges in the teachings of Thomas served as the construction hierarchy to the rank of divine institution. To substantiate the same feudal of the peasants were used not only the texts of St. writings, addressed to slaves, but in general all the arguments in defense of slavery, created before the ideology the exploiting classes. "Slavery is established by nature," it is necessary for of leisure "(both arguments are taken from Aristotle)," slavery is established "Right people" (the argument of the Roman lawyers), "a source of slavery - a sin" (Augustine Blessed). By

teachings of Thomas Aquinas, human law should not contradict natural. Since the latter was understood only as the rules of the hostel (y people have no other means of defense other than a company), the preservation of life and procreation, the need for compliance with the natural law of human meant that the rulers should not dissolve the society, prohibit life, marriage, procreation.

Catholic Church honors Thomas Aquinas as a saint, his teaching is considered official doctrine of Catholicism. Followers of this doctrine is called neotomistami, neosholastikami. Neo-Scholasticism as a modern Catholic legal theory sees in the concept of Thomas Aquinas in the construction of the rank of supreme values of human and human dignity, protection of the rights and freedoms of the individual from arbitrary authority. It is easy to notice, however, that these rights and freedoms in the concept of Thomas were so modest (only the right to life and reproduction), which does not contradicted the foundations of feudalism, almost marginalized situation dependent farmers who are burdened by a mass of obligations and duties to the lord and the church. Catholic legaltheory of XX century, first, accepted the idea, revived natural law "that has developed outside of theology, secondly, significantly expanded the idea of the content of human rights and freedoms in the spirit of modern civilization. Only a significant new form of neo-Thomism was able to use ideas of natural law to criticize the inherent ideologues National Socialism and other totalitarian regimes look to the right as arbitrary, unlimited "calling of state power".

enough practical for its time, Thomas raises the question of the possibility of contradictions law of the human species to other laws. What if the governor prescribes something contrary to natural law? A Thomas categorical: in order to avoid confusion and be subject to such requirements because the preservation of the hostel is based on domination and subordination, not is also possible that the arbitrary actions of the ruler - the evil, bestowed subjects for their sins, in any case, the resistance - a sin. "After all, Peter tells us humbly to obey not only good and honest, but even - as stated in the second epistle of Peter, - bad masters ".

If however, the arbitrariness of rulers to subjects while not approved, but not affected, according to the teachings of Thomas, is not the case with arbitrary actions of government, contrary to divine law. When arbitrariness of the ruler is directed against the church and its teachings - the governor can not povinovat?? Xia; in such cases, the Church can depose a tyrant, and his subjects exempted from the oath. The thesis of the supremacy of the divine (and essentially -- church) law was used by Thomas Aquinas to justify theocratic claims of the Catholic Church. The subordination of the secular lords divine law, repeatedly emphasized Thomas, it is particularly important in the protection of religion -- if the rulers punish counterfeiters, it is even more severe, they should be punished for "Damage to the faith", for heresy.

Teaching Thomas Aquinas on the state government gave a more subtle rationale theocratic theories. As noted, the secular rulers, referring to the same St. writing ( "no power but of God existing, the authorities established by God"), often challenged thelegality of the church attempts to limit their power or to judge its legality.

In the spirit of medieval scholasticism Thomas Aquinas distinguishes three elements state power: the nature, origin and use.

Essence power, ie the management (of domination and subordination), established by God; exactly should be understood the words of the Apostle Paul: "The existing power of God established. However, continues Thomas, here, of course, does not imply that each individual ruler raised directly by God and God is committed every action of the ruler. Prince may be a usurper, a tyrant, a madman; he, like every person has free will, ie ability to do evil. In these cases, the judge on the legality of the origin and use of power governor belongs to the church. Expressing such a proposition, even leading to deposed ruler, the church does not infringe on the principle of divine power, necessary for the hostel. In matters of religion, on the salvation of souls, Thomas argues, should be subject to ecclesiastical authority, rather than secular. Power the latter applies only to earth goals, civic good. One Works Thomas wrote that the spiritual and secular authorities "are united in the face Pope, who stands on top of the two powers ".

Reproducing Aristotle's classification of forms of government (monarchy, aristocracy, polity, tyranny, oligarchy, democracy), Thomas attaches importance only to certain of these forms. The main feature of state power is the right edition laws. In the correct format existing laws (rule of justice) and recognizes the common good; in the wrong - on the contrary.

Thomas Aquinas is not interested in so many different combinations of modifications of the oligarchy and democracy, as the overall differences between the republics from monarchies. The monarchy was the most typical form of the feudal state, a significant variety of different forms of urban republics, to which Thomas had a negative attitude. He opposes diversity, it is for unity: the world reigns one God, in the body - one heart, in the soul - reason, the bees - the queen. Monarchy - the most natural form board, for every set comes from the unity. "Well controlled by a human set, which is controlled by one - writes Thomas. - This is confirmed by experiment. For the province or city-state, which manages not one, odolevaemy discord and dwell in the excitement, not knowing of the world ".

Republic Thomas believes a nation torn by strife, the struggle of parties and groups lay the road to tyranny. May degenerate into tyranny and monarchy, But, argues Thomas, against the degeneration of the king in the tyrant can be taken. Thomas attaches tremendous importance to the religious and moral influence of the church on monarch, he promises "the highest reward from God, relying virtuous and just king. Finally, it is possible to shift tyrant "on universal solution", when the subjects are exempt from duties obey (the Catholic Church has repeatedly appealed to his subjects with an appeal not obey this or that evil in her feudal lords).

politico-legal concept of Thomas Aquinas was a thorough apology for the Westernfeudalism. Not only justification for executions and persecution of heretics, but also fundamental justification of ecclesiastical control over the development of science and philosophy, the subordination Last deadening dogmas of Catholicism, the construction of domination and subordination in a of the foundations of the universe, prompted by the glorification of the feudal system hierarchy as universal principle of the structure of society and nature, an extensive study feudal law as a divine institution, comprehensive argument "Slavery" (ie, feudalism), the concept of state capacity for theocratic aspirations of the Catholic Church - all this predetermined supremacy doctrine of Thomas Aquinas in the Catholic feudal ideology, even before the proclamation of his "saints", "angelic doctor". Special Encyclical Pope, in 1879, the teachings of Thomas Aquinas declared "the only true philosophy of Catholicism ".
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