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The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law 1150-1625 (Emory University Studies in Law and Religion, No. 5)
Published in Paperback by Scholars Pr (1997)
Author: Brian Tierney
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Natural rights have an origin in medieval thought.
Natural rights historians and scholars have expressed numerous opinions regarding the origins of the western notion of natural rights. Tierney argues that the development of natural rights form the basis of the whole western natural rights tradition, and that scholastic philosophers employed concepts of natural rights in their reasoning as early as the thirteenth century. Citing the Franciscan poverty dispute, Tierney demonstrates that it had a lasting impact on the development of western notions of rights. Finally, Tierney's account of the ways in which the concept of natural rights--a medieval notion--made its way to the modern world is original and insightful. Future scholarly work on the origins of the western natural rights tradition must build on Tierney's findings.

Table of Contents
ACKNOWLDGEMENTS/ CITATIONS/ INTRODUCTION/ Modern Problems and Historical Approaches/ CHAPTER I/ Villey, Ockham and the Origin of/ Individual Rights/ Classical Roman Law/ Individual Rights and Roman Law/ Aquinas and the Canoninsts: Ius and Lex/ Ockham's "Revolution"/ Objections to Villey/ Alternative Approaches/ CHAPTER II/ Origins of Natural Rights Language: Texts and Contexts, 1150-1250/ The Question of Origins/ Sources of Modern Rights Language/ Canonistic Rights Language-Contexts/ Canonistic Rights Language-Texts/ Need and Natural Right/ Conclusion/ CHAPTER III/ Rights and Duties: A Quaestio of Henry of Ghent/ A Prisoner's Dilema/ Ownership of Self/ CHAPTER IV/ The Beginning of Dispute/ From Francis to Ockham/ Approaches to Ockham/ CHAPTER V/ Languages of Rights/ Hervaeus Natalis. Ius and Potestas/ Marsiliuis of Padua/ William of Ockham, Ius Poli and Lex/ Conclusion/ CHAPTER VI/ Property, Natural Right and the State of Nature/ Problems of First Acquisition/ Civilians, Canonists, and Theologians/ Bonagratia of Bergamo and John XXII/ Ockham on Property/ CHAPTER VII/ William of Ockham, Rights and Some Problems of Political Thought/ Origins of Jurisdiction/ Varieties of Natural Law/ Absolutism and Natural Rights/ A Rights-Based Political Theory?/ CHAPTER VIII/ Postscript/ CHAPTER IX/ Gerson, Conciliarism, Corporatism, and Individualism/ Individual and Community/ Tuck on Gerson/ Rights and Reform/ Ius and Dominium/ Chapter X/ Almain, Mair, Summenhart/ Medieval Survivals/ Mair, Rights and Needs/ Summenhart, Varieties of Dominion/ CHAPTER XI/ Aristotle and the American Indians/ Vitoria, Acquinas and Natural Rights/ Vitoria, Rights and Indians/ Las Casas, Indians and Rights/ CHAPTER XII/ Rights, Community, and Sovereign/ Vitoria. Sovereignty and Divine Right/ Saurez, Sovereignty and Natural Rights/ CHAPTER XIII/ Grotius. From Medieval to Modern/ The Question of Modernity/ Natural Law and Natural Rights/ The Right to Property/ Individuals, Society,and Sovereignty/ CONCLUSION/ BIBLIOGRAPHY/


Middle Ages
Published in Paperback by McGraw-Hill Humanities/Social Sciences/Languages (1992)
Author: Brian Tierney
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Professor Tierney's research pays off for you!
Brian Tierney has collected so many excellent primary sources. If you are interested in what people of that time thought about or wrote, by all means get anything by Tierney. If you are a history student or teacher, these gems will enliven the discussion in the classroom and will even challenge your ideas of modernity. Enjoy!


Western Europe in the Middle Ages 300-1475
Published in Paperback by McGraw-Hill Humanities/Social Sciences/Languages (21 August, 1998)
Authors: Brian Tierney and Sidney Painter
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A Great Overview
the book is a wonderful primer for those just delving into the world of medieval history for the first time such as myself...
Tierney has given many humorous accounts of the characters and events which i did not feel took anything away from the credibility of the facts.

I couldn't help but laugh when envisioning King Edward climbing up a windmill to watch the fighting at the Battle of Crecy. During one raid of a castle, the Frech mined a hole under the defensive wall. The English found out, started a hole on the other side, and the two eventually met...The hole was too small for heavy fighting so "two men poked swords at one another. As it was impossible for knights to in armor to hurt each other in this way, it was a thoroughly enjoyable affair."

His irony and humor well emphasize the degragation of some of leaders during the middle ages....I had a feeling that this time period was filled with much intrigue, murder, rape, plunder, and complete ludicrousy....the book did not fail in conveying that...Most topics were lightly breezed over: the crusades, pilgrimages, chivaly, the plague, the art and architecture, heresy, troubadours, and peasant society.......but not too much was needed to whet my interest...from there, i'm off buying books that are more detailed on these topics.....

the book is layed out in general sections: end of the roman empire, the beginning, middle, and late middle ages. within each section it's further broken down into to the main topics of each period: politics, economy, society, religion...these topics are repeated in each section; however there is often a gap of 100 pages or so between the same topic in different periods. (ex. religion in the 10th century and religion in 13th century)...

for me, at least, it was hard to remember all that went on in religion 100 pages ago.....there's just such an onslaught of information in between ...it's impossible to keep it all straight....so maybe it would have been better for him to keep all the topics together--seperate sections on religion, culture, politics, etc...or maybe i just have short term memory.....Tierney's point undoubtedly was for the reader to get a "feel" for each period and all that it incompased.....it was just hard to remember
everything from one period to the next....but ok.....it was a fine book overall......and it would be wise to jot down notes on the subjects that interest you so can pursue them once you exit this jam-packed cornicopia of information....

Tierney Puts the Medieval Back in the Middle Ages
Hello. I have used this book as a textbook for two courses at the University of California. It proved to be the most 'edutaining' of texts I've so far read. Tierney and his co-author do a brilliant job of retelling Medieval history as it happened in Western Europe. The first chapter of the book delivers a romantic summary of Europe under the hegemony of Greece and Rome up until Late Antiquity. The authors then take the reader through early Medieval France, Germany, northern Italy, and England. The chapters can be read by themselves and are not organized chronologically, but by themes and places. The only issue I have with the book is that it focuses sharply on Franco-English history. Germany is center but not part of the core in the book, so the reader is not submerged in the same depth as France and England run. Tierney devotes some subchapters to the periphery of Western Europe, but what is lacking is the same in-depth coverage as France and England. If the reader wants to find only introductory knowledge to Byzantium, Spain, Central, and Eastern Europe he/she will be satisfied with the light coverage Tierney gives: the important details of people and places. The periphary of Europe has not heavily influenced Western civilization, but should never be overlooked; Spain is only mentioned during the Inquisition and Moorish conquest. It is more worthy of note than what Tierney says of it. The book is still a pleasure to read and understand even with its emphasis on France and Britain.

Tierney Puts the Medieval Back in the Middle Ages
Salutations all. I have used this book as a text for two courses covering the Early and Late Middle Ages while as a student at UC Riverside. Tierney and his co-author do a laudable job of presenting Western Medieval Europe to readers. The book is organized thematically and in each theme the material is presented chonologically. The reader may choose any chapter and read with little prior knowledege. That said, it starts by summarizing Classical Antiquity and moves onto Frankish history. Indeed, Franco-British history is the core of the book and that makes reading somewhat frustrating: gobs of legal and parliamentary history are scattered throughout the pages. However, dry as it is, Tierney makes the history and conception of the Western nation-state interesting and provocative with his theories of English parliament and monarchial constitution. And the papal monarchy illustrates the shrewdness and Machiavellian politics of the period: Medieval Europeans were highly civilized and intelligent as the Papacy shows. Those bonuses come at the expense of he periphery of Europe: Byzantium, Spain, and the Frontier East. To be sure, Tierney does not neglect them, but the pages he devotes serve as springboards for the reader to investigate by him/herself. And for its even-handedness, the book is worth reading for pleasure or academic learning.


Origins of Papal Infallibility, 1150-1350: A Study on the Concepts of Infallibility, Sovereignty and Tradition in the Middle Ages (Studies in the H)
Published in Hardcover by Brill Academic Publishers (1997)
Author: Brian Tierney
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Good but flawed work
The other on-line reviewer seems unaware of scholarly rebuttals to Tierney's book. Tierney's book is indeed a scholarly work and has many merits. However, his central thesis about Pope John XXII
has been refuted in James Heft's "John XXII and Papal Teaching
Authority" (1986). I strongly recommend that all readers of Tierney's book also read the critical reviews of it by A.M. Stickler (and the exchange between Stickler and Tierney) in the Catholic Historical Review (Oct.,1974 and April, 1975) along with J.A. Watt's insightful comments in the Journal of Ecclesiastical History (Jan., 1974). Both Stickler and Watt are
renowned scholars. As you will see Tierney is hardly the last
work on this issue.

Much To Chew On!
Tierney is quite the scholar. I have to say, however, that the reviewer who sees a few flaws in the book is correct, although I wouldn't say that the thesis is totally undermined at all.

For those of us who are seeking to overcome the east-west division in Christianity (note that I did not say "Church") and who find the role of the papacy as a crucial element to that union, I recommend: Brian Tierney's "Origins of Papal Infallibility" and "Foundations of the Conciliar Theory"; Heft's "John xxii and Papal Teaching Authority"; "THeir Lord and OUrs" ed by Santer; "The Unity of the Churches of God" ed by Sherwood; "Byzantium and the Roman Primacy" by Francis Dvornik; "WHat Will Doctor Newman Do?" by John Page; "Towards Christian REunion" by Bermejo; "Ecumenism" ed by Cunningham; "Catholicity and the Church" by John Meyendorff (everything he writes is insightful and scholarly); COngar's "Diversity and Communion" (read everything he writes!); "Peter and Paul in teh CHurch of Rome" by Farmer and Kereszty; and "Rome and the Eastern Churches" by that great scholar Aidan Nichols. There are, of course, so many others, so if you know of any that I need to read, email me via the "about me" page! Thanks!

Incredible Scholarship
Brian Tierney has produced an outstanding piece of historical scholarship in "Origins of Papal Infallibility." The work is an exhaustive and meticulous examination of the origins of the modern Roman Catholic doctrine of papal infallibility.

Tierney leaves no stone unturned in his research. He demonstrates conclusively that this doctrine originated in the 12th-14th century controversies between the Popes and the Franciscans. Ironically, it was opponents of the Pope who first suggested the idea and it was immediately condemned by the Pope. Later when it was realized that the doctrine could serve the purposes of the pope the papal opinion of the doctrine changed.

This book is not an easy read, but it is a fascinating study for those willing to invest the time and effort.

(...)The second edition of his book (the one available here) includes an appendix discussing the handful of published critiques and demonstrating why they all fail. As the Jesuit scholar Luis Bermejo said in his 1992 book, INFALLIBILITY ON TRIAL, no Roman Catholic scholar (...) has really adequately responded to Tierney yet.


The Crisis of Church and State, 1050-1300 (Medieval Academy Reprints for Teaching, No 21)
Published in Paperback by Univ of Toronto Pr (1988)
Author: Brian Tierney
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A good reference and resource
A solid compendium of medieval documents relating to the clash between church and state. Translated from Latin into fairly readable English, Tierney includes introductory material and notes which allow him to maintain some of the nuance of Latin connotations that would usually not carry over into English translation. This book has lots of documents that we all hear about in European History texts but usually don't read in their entirety, such as the supposed "Donation of Constantine" which the Renaissance linguist Lorenzo Valla proved to be a forgery through textual analysis. Tierney's book shows that far from the relatively aloof, spiritual province the Church consigns itself to today, things weren't always that way. In the medieval era, the Church Militant was every bit a secular authority as well as a spirtual one, and the boundaries between church and state blurred. It was only through the centuries of conflict reflected in Tierney's book that the modern split between church and state first emerged, and the possibility of Western Europe and the United States being ruled by theocratic governments faded. A great supplementary text or source of documents for a medieval history or western civilization course, this book would be an interesting read for anyone concerned about the ancient roots of the tension between Church and State whose reverberations still echo today on Capitol Hill.

Where freedom came from.
This book contains many of the critical documents that trace the origin of Western freedoms. Tierney prefaces the main body of his material with a few short but fascinating passages from and on people like Ambrose and Augustine. In the following chapters, he traces the debate about the relationship between Church and State as it developed in three or four dozen key documents from 1050 to 1300. Tierney helpfully sets context for each passage. In some, popes and kings jockey for power; in others, thinkers offer balanced or didactically one-sided solutions.

Again and again one notes key NT passages coming up, like "My kingdom is not of this world," and "Render unto Caesar the things that are Caesar's." As Tierney notes, the influence of Christianity on the proceedings are clear in two ways: first, "The very existence of two power structures competing for men's allegiance greatly enhanced the possibilities for human freedom." And second, "The possibility of a continuing tension between church and state was inherent in th every beginnings of the Christian religion." The documents eloquently demonstrate these points for themselves. The interest is not always in big themes, however, but often in human and even humorous details. Tierney's selection is varied.

Anyone who thinks modern freedom was an escape from Medieval despotism or ex nihilo invention of the Enlightenment, or that all religions are the same, and theological differences between religions have little practical effect, should carefully read this book. Clearly, the Grand Inquisitor is not the whole story, nor the big story, of the Middle Ages. Donald Treadgold's Freedom: A History, also makes some good comparative points in relation to other cultures. But there is nothing like going to the original sources for getting a feel for what people really thought, and why they thought it. An excellent resource.


Great Issues In Western Civilization, Vol. II, From Louis Xiv Through The Cold War
Published in Paperback by McGraw-Hill Humanities/Social Sciences/Languages (01 October, 1991)
Authors: Brian Tierney, Donald Kagan, and L. Pearce Williams
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Third best book for European History
I read parts of this book for my IB and AP European History class. I did not like it as much as some others like Contemporary Europe: A History by James Wilkinson and/or A History of the World by R.R. Palmer. Some people, who were not quite as history orientated liked it a lot better than the previously mentioned works. It is easier reading but at the expense of important details if you really want to get in depth with the history of Europe. It is nice though because there are a lot of primary sources inside, particulary letters from leaders to each other and the such. Overall an interesting mix of stuff.


Ghor, Kin-Slayer: The Saga of Genseric's Fifth-Born Son
Published in Paperback by Necronomicon Pr (1997)
Authors: Robert E. Howard, Karl Edward Wagner, Joseph Payne Brennan, Richard L. Tierney, Michael Moorcock, Charles Saunders, Andrew J. Offutt, Manley Wade Wellman, Darrell Schweitzer, and A. E. Van Vogt
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Ghor, Kin-Slayer: The Saga of Genseric's Fifth-Born Son
I have been a fan of Mr Howard for nearly 12 years now, which in my opinion, makes me a bit of a connoisseur, and frankly this book was a bit of a disappointment. Undoubtedly the contributing writers are well-respected and immensely able but their writing lacked the Howardian flavour I have come to love. Ghor's sudden personality shifts are hard to follow and the various ideas in the story lack sufficient depth. This book is not the way Mr Howard would have written it. Nevertheless, this should be read because the original idea belonged to the great REH.

GHOR is the Cthulhu's Conan.
Ghor is a nice blend of Conan and the Cthulhu Mythos together. Abandoned as a child because of a deformity, Ghor is adopted by a pack of wolves. Raised by them, he adopts the ways of the wolf, yet when he meets up with humanity joins them. Constantly struggling with his wolf upbringing and his human surroundings, Ghor becomes a mighty war hero wherever he goes.

This is an excellent adventure book that takes a Conan like hero and plots him against all sorts of evil (and good), including some Cthulhu creations as well.

Originally Ghor was an unfinished story by Conan creator Robert Howard. Upon finding this unfinished story, a magazine decided to finish it. What they did was have a different chapter every month written by a different top fantasy writer. It made the reading interesting.

While most of the chapters were great. Some were excellent. Unfortunately there were a couple chapters that I just wanted to get through to reach the next writers' chapter. Overall a really good read.

EXCELLENT BOOK
I WAS VERY SUPRISED ABOUT HOW WELL THIS STORY CAME OFF. THE VARIUOS WRITERS DID AN EXCELLENT JOB IN WRITING AN EXCITING BOOK THAT FLOWED SMOOTHLY. IT DID NOT COME OFF AS A SERIES OF SHORT STORIES. THIS IS AN EXCELLENT BOOK FOR ROBERT E. HOWARD FANS, AND FANS OF FANTASY IN GENERAL.


The Bolshevik Revolution--Why Did It Succeed?.
Published in Paperback by Random House (1977)
Author: Brian Tierney
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Church Law and Constitutional Thought in the Middle Ages ((Collected Studies) No. Cs90)
Published in Hardcover by Variorum (1979)
Author: Brian Tierney
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Feudalism: Cause or Cure of Anarchy?
Published in Paperback by Random House (1977)
Author: Brian Tierney
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