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Liberty, the Papal Revolution, and the Law Merchant
This List Is By:
Liberty Fund Staff
Liberty Fund, Inc., Indianapolis, Indiana
This Reading List is based upon a Liberty Fund conference entitled “Liberty, Investiture, and the Papal Revolution”. It explores the ideas of limited government and the rule of law as they developed through the contest between the princes and the Popes during the Investiture Controversies of the late Middle Ages. Questions such as how the contest between Emperor and Pope in this period shaped the understanding of the rule of law? what role did ideas play in shaping the perceptions of these contests on both sides? and how this contest influenced our understanding of free institutions today, such as federalism, separation of powers, and checks and balances? will be explored.
Key background reading for this topic is Harold J. Berman, Law and Revolution: The Formation of the Western Legal Tradition (Harvard University Press, 1983). Berman continues his analysis in a subsequent volume Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition (Harvard University Press, 2003).
For additional reading see:
The discussion is divided into the following 6 sessions:
- Session I - The Origins of Jurisdictional Competition in the West
- Session II - The Papal Revolution and the Rule of Law
- Session III - Becket versus Henry II
- Session IV - Secular Law
- Session V - Merchant and Urban Law
- Session VI - Implications for Liberty Today
The reading for Session I - The Origins of Jurisdictional Competition in the West is:
- Berman, Law and Revolution, Introduction.
The reading for Session II - The Papal Revolution and the Rule of Law is:
- Berman, Law and Revolution, Chapter 2 “The Origin of the Western Legal Tradition in the Papal Revolution” and Chapter 3 “The Origin of Western Legal Science in the European Universities”
- The primary sources from Thatcher, 65, 75, 77 (listed below)
The reading for Session III - Becket versus Henry II is
- Berman, Law and Revolution, Chapter 7 “The Competition of Concurrent Jurisdictions”
The reading for Session IV - Secular Law is
- Berman, Law and Revolution, Chapter 8 “The Concept of Secular Law” and Chapter 10 “Manorial Law”
The reading for Session V - Merchant and Urban Law is
- Berman, Law and Revolution, Chapter 11 “Mercantile Law” and Chapter 12 ” Urban Law”
- Documents from Thatcher 302, 303, 304, 305, 306, 319, 320, 321, 323, 325
The reading for Session VI - Implications for Liberty Today is
- Berman, Law and Revolution, Conclusion.
Session II - The Papal Revolution and the Rule of Law A
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 65.: Dictatus Papæ, ca. 1090.
Accessed from oll.libertyfund.org/title/2277/215140 on 2010-01-11
The text is in the public domain.
Session II - The Papal Revolution and the Rule of Law B
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 75.: The Deposition of Gregory VII by Henry IV, January 24, 1076.
Accessed from oll.libertyfund.org/title/2277/215164 on 2010-01-11
The text is in the public domain.
Session II - The Papal Revolution and the Rule of Law C
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 77.: The First Deposition and Excommunication of Henry IV by Gregory VII, 1076.
Accessed from oll.libertyfund.org/title/2277/215168 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law A
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 302.: Otto I Grants a Market to an Archbishop, 965.
Accessed from oll.libertyfund.org/title/2277/215764 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law B
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 303.: Otto III Grants a Market to Count Bertold, 999.
Accessed from oll.libertyfund.org/title/2277/215766 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law C
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 304.: No One shall Compel Merchants to Come to His Market, 1236.
Accessed from oll.libertyfund.org/title/2277/215768 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law D
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 305.: A Market-court is Independent of the Local Court, 1218.
Accessed from oll.libertyfund.org/title/2277/215770 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law E
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 306.: Otto I Grants Jurisdiction over a Town to the Abbots of New Corvey, 940.
Accessed from oll.libertyfund.org/title/2277/215772 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law F
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 319.: Peace Established by the Rhine League, 1254.
Accessed from oll.libertyfund.org/title/2277/215798 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law G
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 320.: Agreement between Hamburg and Lübeck, ca. 1230.
Accessed from oll.libertyfund.org/title/2277/215800 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law H
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 321.: Agreement for Mutual Protection between Lübeck and Hamburg, 1241.
Accessed from oll.libertyfund.org/title/2277/215802 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law I
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 323.: Decrees of the Hanseatic League, 1260-64.
Accessed from oll.libertyfund.org/title/2277/215806 on 2010-01-11
The text is in the public domain.
Session V - Merchant and Urban Law J
Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905). Chapter: 325.: Cologne Merchants have a Gildhall in London, 1157.
Accessed from oll.libertyfund.org/title/2277/215810 on 2010-01-11
The text is in the public domain.