autores y corrientes denso

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Last updated 6:05 PM on 6/9/26
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234 Terms

1
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Which school of thought did Herodotus's narrative belong to?

Early Greek Jurisprudence / Anti-Absolutist Constitutional Theory / Public Adjudication Framework (Isonomia).

2
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What were the key ideas of the school of thought?

It analyses the systemic transition between anomia (absolute anarchy/chaos) and the birth of state control. It defines primitive justice not as an abstract written code, but as a public, oral process of communal dispute resolution (isonomia) indispensable to prevent society from reverting to a savage state of nature.

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What did this narrative posit?

The Context of Adjudication, The Structural Shift & Spatial Enclosure, the Weaponisation of Secrecy, and The Closed System Warning.

4
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What did the Context of Adjudication consist of/mean?

It describes how Deioces accumulated massive political capital by acting as an exceptionally fair, public arbitrator in a society deeply fractured by anomia.

5
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What did The Structural Shift & Spatial Enclosure consist of/mean?

After leveraging his reputation to be crowned king, Deioces executed a radical spatial and institutional enclosure of the law: he retreated into a heavily fortified palace, banned public oral hearings, and severed the citizens' direct access.

6
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What did the Weaponisation of Secrecy consist of/mean?

He privatised the judicial process by demanding that all disputes be submitted exclusively in writing, issuing silent, written verdicts backed by the raw coercive force of the sovereign.

7
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What did The Closed System Warning consist of/mean?

It demonstrates that closing the legal system strips the written text of its argumentative and democratic function, transforming law from a communal tool of peace into a psychological instrument of tyranny, subjection, and structural terror.

8
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Which school of thought did Emperor Augustus belong to?

Classical Roman Jurisprudence / Early Imperial Judicial Administration (Principate).

9
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What were the key ideas of the school of thought?

It represents the "scientific" and transitional phase of Roman law, where jurisprudence begins to consolidate as an autonomous science with its own logical categories, whilst simultaneously suffering the onset of centralisation and political instrumentalisation by the emerging imperial power.

10
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What did Emperor Augustus posit?

The Control of Jurisprudence, The Structural Mechanism (Ius Publice Respondendi), and the Nationalisation of Legal Science.

11
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What did the Control of Jurisprudence consist of/mean?

He identified that the growing influence and prestige of the professional class of private legal experts (iurisconsulti) constituted a latent threat and counter-power to the absolute authority of the crown.

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What did The Structural Mechanism (Ius Publice Respondendi) consist of/mean?

He introduced the Ius publice respondendi ex auctoritate principis, granting a select group of elite jurists the exclusive privilege to deliver binding legal opinions backed directly by the weight and majesty of the Emperor’s name.

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What did the Nationalisation of Legal Science consist of/mean?

By binding the reputation of these experts to the crown, he successfully nationalised the interpretation of law, absorbed independent legal science, and transformed it into a bureaucratic extension of state control.

14
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Which school of thought did Emperor Justinian belong to?

Late Roman Law / Imperial Statutory Codification Monism (Dominate).

15
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What were the key ideas of the school of thought?

It consecrates the "Top-Down" phase of Roman law. It defines law as an exclusive monopoly of the legislating state, where the will of the ruler is the supreme and sole source of legal validity (Dominus et Deus), completely eradicating traditional legal pluralism.

16
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What did Emperor Justinian posit?

The Anti-Chaos Mandate, The Architectural Consolidation (Corpus Iuris Civilis), and The Ban on Commentaries (Crimen Falsi).

17
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What did The Anti-Chaos Mandate consist of/mean?

He sought to eliminate a millennium of accumulated chaos, contradictions, shifting statutory decrees, and fragmented classical juristic interpretations to ensure the legal certainty required to efficiently govern a centralised empire.

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What did The Architectural Consolidation (Corpus Iuris Civilis) consist of/mean?

He ordered the compilation of all Roman legal knowledge into four scientific pillars: the Codex (imperial statutory enactments), the Digest or Pandects (authoritative, sorted opinions of classical jurists, with 40% extracted from Ulpian), the Institutiones (the official student handbook based on Gaius), and the Novellae (subsequent imperial constitutions).

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What did The Ban on Commentaries (Crimen Falsi) consist of/mean?

To shield his absolute sovereignty, he strictly forbade under the penalty of forgery (crimen falsi) any form of academic commentary, gloss, or interpretation of the code. He decreed that if an ambiguity or legal gap (lacuna) arose, judges lacked the competence to resolve it themselves; they were legally mandated to refer exclusively to the Emperor as the sole legitimate interpreter of the law.

20
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Which school of thought did Antigone and Creon belong to?

Early Transcendental Natural Law vs. Early Legal Positivism.

21
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What were the key ideas of the school of thought?

It portrays the fundamental tragic conflict between Positive Law (orders enacted by the state to maintain civil security and order) and Primitive Natural Law (eternal moral truths independent of the earthly ruler).

22
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What did this work/characters posit?

Creon’s Logic (Positive Law), Antigone’s Logic (Natural Law), and The First Stasimon Condition.

23
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What did Creon’s Logic (Positive Law) consist of/mean?

He deploys the lifeboat analogy: the security of the polis is the supreme end, and familial loyalties cannot be permitted to sabotage the state. His decree banning the burial of the traitor Polyneices is valid law simply because it emanates from the sovereign authority necessary to preserve civil order; breaking it for personal reasons is subversion.

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What did Antigone’s Logic (Natural Law) consist of/mean?

She challenges the state decree by appealing to the "unwritten and unalterable laws" of the gods (agraphoi nomoi). She argues that a temporary mortal decree lacks the legal competence and power to trample upon eternal moral truths that have no known origin and live forever.

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What did The First Stasimon Condition consist of/mean?

The chorus defines man as a wonderful yet terrible creature (deinon), capable of mastering nature and learning the character needed to live under the law, but it stipulates that a society can only stand if it respects a dual pilar: the law of the land (state decree) and the sworn justice of the gods (transcendental morality). Whoever ruptures this equilibrium becomes a legal outcast.

26
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Which school of thought did Aristotle belong to?

Classical Greek Natural Law / Ethical Deontology & Teleology.

27
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What were the key ideas of the school of thought?

He defines the human being as a political animal by nature (zoon politikon) who unconditionally requires life within a community regulated by law to achieve their full moral and rational potential.

28
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What did Aristotle posit?

The Core End (Eudaimonia), The Dual Nature of Justice, and Ethical Deontologism.

29
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What did The Core End (Eudaimonia) consist of/mean?

The ultimate end of human existence is not fleeting emotional happiness, but holistic flourishing and self-realisation, which can only be achieved through an ethical life dedicated to justice within the polis.

30
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What did The Dual Nature of Justice consist of/mean?

He separates the external correctness of an act from the internal motivation of the subject into two spheres: 1) Objective Rightness (the act externally conforms to the norm, regardless of motives) and 2) Moral Virtue (the act is performed habitually and out of intrinsic respect for the good). An action can be just without being virtuous, but a noble motive can never justify an intrinsically prohibited act.

31
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What did Ethical Deontologism consist of/mean?

He postulates that certain acts (murder, theft, adultery) are intrinsically unjust always and everywhere, completely independent of their consequences or the actor's intentions, thereby proving the existence of natural law principles that are immune to any government decree.

32
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Which school of thought did Pope Gregory VII belong to?

Medieval Canon Law / Hierocratic Papal Supremacy Framework.

33
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What were the key ideas of the school of thought?

It develops the doctrine of Sacerdotium (spiritual power) as the supreme legal and moral authority in Western Christendom, seeking to completely emancipate the Church from the control of secular feudal lords and centralise the production of canon rules.

34
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What did Pope Gregory VII posit?

The Primacy Manifesto, Jurisdictional Claims, and The Ultimate Political Weapon.

35
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What did The Primacy Manifesto consist of/mean?

He promulgated the Dictatus Papae (1075), a revolutionary text of 27 dictums that established absolute papal primacy over both spiritual and temporal domains.

36
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What did the Jurisdictional Claims consist of/mean?

He claimed the unilateral and exclusive competence to appoint, transfer, or depose bishops, decreeing that the judgments of the pontifical court were definitive and could never be reviewed or overturned by any human authority.

37
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What did The Ultimate Political Weapon consist of/mean?

He asserted the legal authority to deposesecular Emperors and to instantly release all feudal subjects from their civic oaths of fidelity and obedience if the ruler disobeyed the Church.

38
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Which school of thought did Emperor Henry IV belong to?

Secular Royal Law (Imperium) / Anti-Papal Imperial Sovereignty.

39
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What were the key ideas of the school of thought?

It defends the autonomous legitimacy of temporal, imperial power against papal theocracy during the Investiture Conflict, laying the groundwork for the modern concept of secular state sovereignty.

40
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What did Emperor Henry IV posit?

The Independent Legitimacy and The Geopolitical Critique.

41
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What did The Independent Legitimacy consist of/mean?

He maintained that the secular crown holds an independent, divine right to govern the state (imperium) delegated directly from God, operating entirely separate from the infrastructure of the Church and the Pope.

42
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What did The Geopolitical Critique consist of/mean?

He fiercely attacked the papal claim to dissolve civic oaths of obedience, denouncing it as an unlawful overreach and a destructive intrusion that would collapse state security, ignite political subversion, and disintegrate Europe's geopolitical stability.

43
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Which school of thought did Emperor Frederick Barbarossa belong to?

Romanist Imperial Law / Absolutist Universal Secularism.

44
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What were the key ideas of the school of thought?

It utilises the scientific rediscovery of continental Roman law to legitimise the centralisation of the monarchy, bypass the feudal pyramid, and claim direct legal authority over his subjects without intermediate lords.

45
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What did Emperor Frederick Barbarossa posit?

The Drive for Centralisation, The Academic Alliance (Authentica Habita), and The Strategic Exchange.

46
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What did The Drive for Centralisation consist of/mean?

He sought to restore the absolute authority of the Holy Roman Empire against both the overreaching Papacy and the increasingly independent northern Italian city-states.

47
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What did The Academic Alliance (Authentica Habita) consist of/mean?

He promulgated the Authentica Habita, a landmark royal charter that granted judicial immunity, physical protection, and unique corporate privileges to the professors and students at the University of Bologna.

48
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What did The Strategic Exchange consist of/mean?

He financed and protected this academic centre of thought in exchange for a precise political objective: that university legal scholars mine the Corpus Iuris Civilis to construct an incontestable legal defense validating his absolute supremacy across the continent.

49
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Which school of thought did the Quatuor Doctores belong to?

Medieval Scholasticism / Early Glossators School / Ius Commune Architecture.

50
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What were the key ideas of the school of thought?

They are the pioneers of the scientific resurrection of Roman Law in Bologna (from 1088 onwards). They apply the scholastic method to structure the Corpus Iuris Civilis as a flawless, rational system free from internal contradictions.

51
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What did the Quatuor Doctores posit?

The Science of Authority, Sovereign Immunity Axioms, and The Bureaucratic Blueprint.

52
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What did The Science of Authority consist of/mean?

They argued at the Diet of Roncaglia (1158) that Justinian’s text scientifically proved that the laic Emperor was the Dominus Mundi (Master of the World), the direct heir to the Caesars, holding supreme dominium (ownership) and absolute jurisdiction over the territory.

53
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What did the Sovereign Immunity Axioms consist of/mean?

They deployed the Roman maxims Quod principi placuit, legis habet vigorem (what pleases the prince has the force of law) and Princeps legibus solutus est (the prince is unbound by the law) as weapons to prove the Emperor did not require the consent of feudal lords to legislate and could override local customs (ius proprium).

54
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What did The Bureaucratic Blueprint consist of/mean?

They designed the technical blueprints to replace feudal fragmentation with a direct, hierarchical legal link between the throne and each individual subject, managed by a university-trained bureaucracy of lawyers.

55
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Which school of thought did Accursius belong to?

Scholasticism / School of the Glossators.

56
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What were the key ideas of the school of thought?

It consecrates the maturity and closure of the Glossators' school. It utilizes textual exegesis and formal logic to clean, index, and unify the marginal annotations accumulated over generations on the Roman texts.

57
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What did Accursius posit?

The Architectural Fix, The Mandatory Interpretive Key, and The Solution to Sovereign Immunity.

58
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What did The Architectural Fix consist of/mean?

He confronted a severe crisis of legal uncertainty in medieval courts caused by a chaotic sea of contradictory annotations (glossae) by compiling and filtering them into the monumental Glossa Ordinaria (1263).

59
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What did The Mandatory Interpretive Key consist of/mean?

He postulated that the Glossa Ordinaria should function as the standard, mandatory interpretive key for courts, effectively closing the literal glossing era.

60
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What did The Solution to Sovereign Immunity consist of/mean?

He resolved the textual contradiction in Roman law regarding whether the king is bound by law by applying a distinctio between external coercion (no human court can physically force the Emperor) and internal binding (the sovereign obeys the law out of moral self-discipline and respect for the common good).

61
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Which school of thought did Thomas Aquinas belong to?

Medieval Rationalist Natural Law / Thomistic Scholastic Synthesis.

62
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What were the key ideas of the school of thought?

He fuses Aristotelian political realism with Christian theology. He champions the absolute sovereignty of law, laying the foundations for the modern concept of the Rule of Law, by arguing that political power is not a tool for caprice or raw force, but a reasoned ordinance directed towards the common good.

63
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What did Thomas Aquinas posit?

The 4 Indispensable Criteria of Law, The 4-Tier Hierarchy of Laws, The Radical Anti-Positivist Injunction (Corruptio Legis), Derivation by Conclusion, and Derivation by Determination.

64
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What did The 4 Indispensable Criteria of Law consist of/mean?

A rule only possesses the genuine nature of law if it satisfies a cumulative set of criteria: 1) Pertain to Reason (must be rational, not caprice), 2) Directed to the Common Good (must target universal happiness), 3) Authoritative Source (enacted by the legal guardian of the populace), and 4) Promulgation (formally published and notified).

65
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What did The 4-Tier Hierarchy of Laws consist of/mean?

A vertical hierarchy of validity: 1) Eternal Law (God's divine reason), 2) Natural Law (human participation in eternal reason to discern good from evil), 3) Human Law (secular positive statutory rules), and 4) Divine Law (Scriptural backup rules for interior acts).

66
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What did The Radical Anti-Positivist Injunction (Corruptio Legis) consist of/mean?

A man-made human law is only valid if derived from Natural Law; if it violates natural reason or destroys the common good, it loses its legal nature: "Lex iniusta non est lex" (an unjust law is not law, but a manifest perversion of law).

67
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What did Derivation by Conclusion (The Scientific Mode) consist of/mean?

It operates like a logical deduction or scientific proof, where the legislator derives a specific human law as a direct logical result of a natural principle (e.g., Major Premise: Do harm to no man -> Conclusion: Do not kill). This law holds Double Force (Natural and Human force), belongs to the universal Ius Gentium, and would bind conscience even if the state collapsed.

68
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What did Derivation by Determination (The Artistic Mode) consist of/mean?

It operates like an architect's design where the general natural framework requires human choice to "fill in the blanks" (e.g., Natural Law says punish the thief, but Human Law determines if it is a 500€ fine or prison). This law holds Human Force Only, belongs to the Ius Civile, and its moral weight vanishes completely if the statute is changed or repealed.

69
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Which school of thought did the School of the Commentators belong to?

Late Medieval Jurisprudence / Post-Glossators / Mos Italicus Tradition.

70
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What were the key ideas of the school of thought?

They succeed the Glossators (13th to 15th centuries). They abandon narrow marginal glosses and write independent, comprehensive treatises (consilia and tractatus) with a radically new goal: to adapt ancient Roman concepts to the practical and commercial problems of their contemporary era (Mos Italicus).

71
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What did the School of the Commentators/Bartolus posit?

The Practical Evolution, The Sovereignty Revolution (Civitas Sibi Princeps), and The Engineering of the Reception.

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What did The Practical Evolution consist of/mean?

They identified that the literalism of Bologna was too rigid to solve the novel commercial and political conflicts of expanding medieval urban communes and markets.

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What did The Sovereignty Revolution (Civitas Sibi Princeps) consist of/mean?

Engineered by Bartolus de Saxoferrato, it used a scholastic distinction to split imperial supremacy into de iure (in legal theory) and de facto (in reality). It posited that an independent city-state recognizing no superior in reality operates as its own emperor within its territory ("civitas sibi princeps"), establishing the basis for territorial sovereignty.

74
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What did The Engineering of the Reception consist of/mean?

They forced the colonization of caotic local customs (ius proprium) by translating them into scientific Roman categories (e.g., dividing property into dominium directum and dominium utile). This provided local rules with the technical framework required to execute the Reception of Roman Law across continental courts as the ius commune.

75
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Which school of thought did François Hotman belong to?

Legal Humanism / Mos Gallicus / Historical Jurisprudence.

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What were the key ideas of the school of thought?

Born in the 16th century, it dismantles the scholastic myth of Mos Italicus by demonstrating through philology and historicist analysis that law is always a historically contingent cultural product tied to the specific context, time, and space of the society that birthed it.

77
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What did François Hotman posit?

The Historical Deconstruction, The Hotman Intervention (Antitribonian), and The Frankish Pact & Right to Resist.

78
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What did The Historical Deconstruction consist of/mean?

He used philology to expose Justinian's Digest as a historically messy compilation of fragmented, contradictory patches rather than a timeless, perfect monument of legal reason.

79
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What did The Hotman Intervention (Antitribonian, 1567) consist of/mean?

He launched a fierce political attack against the universal authority of Roman law in France, proving it was an alien, tyrannical element designed for a Byzantine empire, completely mismatched with French historical institutions.

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What did The Frankish Pact & Right to Resist consist of/mean?

He argued historically that the power of ancient Frankish kings arose from a mutual pact with their subjects. If a monarch violated that contract and acted arbitrarily, he became a tyrant, and the populace held a legitimate, natural right to resist, depose the ruler, and reconstitute parliament (right to resist).

81
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Which school of thought did Francisco de Vitoria belong to?

Universal Law / Early Law of Nations (Ius Gentium) / School of Salamanca.

82
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What were the key ideas of the school of thought?

He utilises teologically-based rationalist natural law to resolve the intense ethical and international legal crisis unleashed by the Spanish conquest, plunder, and subjugation of Native populations in the Americas.

83
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What did Francisco de Vitoria posit?

The Salamanca Intervention, The Universalist Argument, The Critique of Just War, and Foundations of International Law.

84
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What did The Salamanca Intervention consist of/mean?

He confronted the exploitation of the New World by strongly rejecting the traditional colonial justifications of the crown, such as the doctrine of discovery or religious differences.

85
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What did The Universalist Argument consist of/mean?

He applied tomistic natural law to the global arena, arguing that indigenous populations were fully rational human beings who held natural, legitimate sovereignty and property rights over their lands.

86
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What did The Critique of Just War consist of/mean?

He strongly rejected the Spanish Just War arguments, positing that neither religious differences, the refusal to convert, nor the discovery of land gave Spain a valid legal title to seize territory or subjectivity.

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What did the Foundations of International Law consist of/mean?

He constructed an early model of Ius Gentium (the law of nations), positing that global interaction, trade, and expansion must be bound within a universal ethical framework that limits imperial power and protects basic human subjectivity.

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Which school of thought did Thomas Hobbes belong to?

Social Contract Theory / Early Absolutist Legal Positivism.

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What were the key ideas of the school of thought?

It secularises the legitimacy of the State, positing that political power does not flow from God, but from an utilitarian, reciprocal compact between humans who choose to submit to a government out of raw fear of death and a desire for self-preservation.

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What did Thomas Hobbes posit?

The State of Nature (State of War), The Leviathan Mechanism (Social Covenant), The Sword Rule, and Sovereign Immunity.

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What did The State of Nature (State of War) consist of/mean?

A pre-political condition where human equality in body and mind leads to a permanent, violent warfare over scarce resources. With a "right to everything", security is zero, there is no law, force and fraud are cardinal virtues, and human life is "solitary, poor, nasty, brutish, and short".

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What did The Leviathan Mechanism (Social Covenant) consist of/mean?

Driven by the pánico of violent death, rational individuals surrender their natural rights to a single, undivided sovereign (The Leviathan / Mortal God) through a contract made among themselves to guarantee physical survival.

93
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What did The Sword Rule consist of/mean?

For Hobbes, law is valid simply because it is a command issued by the state power holding raw enforcement might. Traditional moral rules are contrary to natural passions, meaning that "Covenants, without the sword, are but words."

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What did the Sovereign Immunity consist of/mean?

Because the covenant was made among subjects and not with the ruler, the sovereign cannot commit a breach of the covenant. Sovereign power is absolute, indivisible, and irreversible; citizens have no right to rebel under any pretence of forfeiture, and dissenters must submit to the majority or be justly destroyed by the rest.

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Which school of thought did John Locke belong to?

Social Contract Theory / Liberal Constitutionalism / Natural Rights Architecture.

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What were the key ideas of the school of thought?

It rejects the absolute right of kings, postulating that political authority arises solely from the conditional consent of citizens and that the state is born with a narrow, restricted mandate: to act as a fiduciary guardian of pre-existing natural rights.

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What did John Locke posit?

The Conditional State of Nature, The Inconveniences, Government as a Fiduciary Trust, and The Right of Revolution.

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What did The Conditional State of Nature consist of/mean?

A state of perfect freedom and equality governed by a Law of Nature (Reason). Because humans are the workmanship of an omnipotent Maker, they have an intrinsic moral obligation not to harm another's Life, Liberty, or Estate (Property).

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What did The Inconveniences consist of/mean?

Although men have the executive power to punish transgressors, being judges in their own cases leads to partiality, passion, and revenge, resulting in confusion and disorder.

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What did Government as a Fiduciary Trust consist of/mean?

Individuals form a social contract to establish an impartial umpire strictly as a fiduciary trust. Sovereign power is limited to the public good and bound to govern by established standing laws and upright judges to safeguard private property.