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By Otto Friedrich von Gierke

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Rolls Sen), p. 755 : Speech dominus Rex hie censetur imperator. Rot. Parl. ill. 343: Richard II. ' On the other side stands that strange book the (Seld. ), p. 57. bishop of Byblos is modified form of a notion that somehow or another the king of an Emperor or will do instead of an Emperor. Henry I. wa> Henricus Leg. Hen. Prim. pref. Bracton, f. 5 b; Bracton and much either 'entier : Emperour Mirror of Justices (Seld. ), pp. , 195. 5 Dr Gierke's notes are foot-notes. I thought that I should consult the tastes of book.

Theory about the relationship between that 'passive subject/ the active subject/ the Public, which owes them money, and that ' Crown, to which they pay their taxes. Possibly the Crown and the Public are reciprocally trustees for each other possibly there is not much difference now-a-days between the Public, the State, and the Crown 2 for we have not appraised the full work of the ; , Trust until we are quitting the province of jurisprudence to enter that of political or constitutional theory. mentary commonplace this is now But it.

Political Theories of the xiiv Middle Age. need for some such adjective. A doctrine may be naturrechtlick, though it is not a doctrine of Natural Law nor even a doctrine about Natural Law, and a long periphrasis would probably say more or less than Dr Gierke intended It will be seen that in his historical scheme a large part is played by the contrast between genuinely medieval thought and antique-modern ideas. These are ideas which proceeding from Classical Antiquity are becoming modern in their transit through the Middle Ages, but not without entering into combination with medieval elements.

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Political theories of the middle age by Otto Friedrich von Gierke


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