meta_pixel
Tapesearch Logo
Log in
History of Philosophy Without Any Gaps

HoP 246 - What Pleases the Prince - The Rule of Law

History of Philosophy Without Any Gaps

Peter Adamson

Philosophy, Society & Culture, Society & Culture:philosophy

4.71.9K Ratings

🗓️ 31 January 2016

⏱️ 24 minutes

🧾️ Download transcript

Summary

Natural law and political legitimacy in thirteenth century thinkers up to and including Thomas Aquinas.

Transcript

Click on a timestamp to play from that location

0:00.0

Fennie pray a cost in the news

0:05.0

and there's to all of physical

0:08.0

and bless you all of physical.

0:10.0

He bless you, Hi, I'm Peter Adamson, and you're listening to the History of Philosophy Podcast, brought to you with the support of the Philosophy Department at Kings

0:24.5

College London and the LMU in Munich. Online at W.W.

0:29.2

History of Philosophy. Net. Today's episode, What Pleases the Prince, the Rule of Law.

0:38.9

The Most Famous Thirteenth Century Political document was not written by any philosopher. It is of course the Magna Carta, forced upon King John by the English barons in the year 1215. Its influence has been far-reaching its symbolic importance, hard to overestimate.

0:56.2

To give just one example, the American state of Massachusetts, where I grew up, adopted a seal

1:01.8

in 1775 showing a man holding a sword in one hand and a copy of

1:07.1

Magna Carta in the other.

1:09.6

Though many of its provisions are so dated as to be irrelevant to us today. People still point to its

1:14.8

39th chapter which guarantees due process of law for all freemen. This is a hint at its

1:21.1

philosophical significance which lies above all in its attempt to constrain

1:25.6

the king himself by requiring him to submit to the law. Nowadays, we take it for granted

1:32.0

that our leaders are subject to the law, even if we can't take it for granted that they will always follow the law.

1:38.0

In the medieval period, though, this was not so obvious. Kings naturally promoted an ideal of absolute sovereignty and saw themselves

1:46.6

as the source of the law rather than as being subject to it. Yet they were rarely in the position to wield unfettered military and political power with no concern for the consent of other political players within their kingdoms.

2:01.0

Their supremacy was challenged on battlefields in the drawing up of documents like

2:05.8

the Magna Carta and in the writings of intellectuals.

2:10.9

As we know from our earlier look at Gration and other legal theorists, medieval ideas of law were inspired by the Roman tradition. When it came to the question of how law relates to political authority, the medieval's turned to Ulpians' digest of the law

2:26.6

code gathered under the Emperor Justinian.

2:29.7

There they could read that what pleases the prince has the force of law, and also that the prince is not bound by the law.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Peter Adamson, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Peter Adamson and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2025.