lecture five Flashcards
Introduction to the Early Modern Period
The Early Modern Period was a transformative era in law and society, marked by significant cultural, political, and legal changes from the Renaissance to the Enlightenment.
Overview of the Early Modern Era
The Early Modern Period (late 15th to late 18th century) saw major advancements in law, culture, and governance. It was defined by the rise of nation-states, the decline of feudalism, and humanist thought shaping modern legal systems. Key influences included the Renaissance (humanism and cultural revival), the Reformation (challenges to religious authority), the Counter-Reformation (Catholic renewal), and the Enlightenment (reason and individual rights). These developments collectively transformed legal and social structures.
The Renaissance Era
The Renaissance marked a profound transformation in art, culture, and society, heralding the revival of classical learning and the emergence of new philosophical ideas that altered the course of history.
Introduction to the Renaissance
The Renaissance (14th-17th centuries) marked a transition to the modern world, emphasizing humanism and classical antiquity. It revived interest in Greek and Roman ideas, challenging medieval thought. Economic growth spurred trade, travel, education, and scientific discoveries. Gutenberg’s printing press revolutionized knowledge dissemination. Originating in Italy, the Renaissance thrived in wealthy societies, fostering cultural and scientific advancements.
Cultural Developments
Renaissance culture flourished in literature (e.g., Machiavelli’s The Prince, More’s Utopia), art, and architecture, with a revival of classical styles (e.g., Palladio, Brunelleschi). The High Renaissance (1500-1530) saw masterpieces by Leonardo da Vinci, Michelangelo, and Raphael, reflecting humanist ideals through naturalistic depictions of people and the world.
Political Landscape: Focus on Italy
Italian city-states were ruled by powerful families like the Medici (Florence) and Sforza (Milan), shaping politics, economy, and culture. Governance included the Signoria (elected council), the Podestà (chief magistrate), and influential guilds controlling trade. Condottieri led mercenary armies, while the Catholic Church and the Papal States held significant political and spiritual influence.
Social Changes: The Reformation
The Reformation began in 1517 when Martin Luther challenged the Catholic Church, sparking significant social change and the rise of Protestantism, especially in Northern Europe. Key figures like Luther and John Calvin reshaped religious thought with principles such as Sola Scriptura, Sola Gratia, Sola Fide, Sola Christus, and Soli Deo Gloria.
Introduction to St. Thomas More
St. Thomas More (1478-1535) was an English lawyer, statesman, and humanist. His work Utopia critiques society and ideal governance. He was executed for refusing to accept Henry VIII’s Oath of Supremacy.
St Thomas More on State, Law and Society – Utopia
More’s Utopia (1516) critiques social injustice and advocates for reform, emphasizing moral values and communal responsibility. The work, divided into two parts, contrasts the social problems of 16th-century England with an idealized, communal society called Utopia (“Nowhere”). It highlights the corruption of European monarchs and nobles, who exploit the people for wealth and power.
St Thomas More on State, Law and Society – Utopia
More’s Utopia envisions a political and legal system designed to ensure social equality, eliminate pride, and foster virtue. Utopians seek objective truth, self-improvement, and a closer relationship with God, supported by a just legal framework. Virtue is achieved through reason and will, with wickedness punished, including slavery. Their laws are simple, rejecting lawyers to ensure justice remains clear and accessible to all.
Erasmus of Rotterdam
Desiderius Erasmus (c. 1466-1536) was a Catholic priest and influential Renaissance humanist. He corresponded widely with leading figures, engaging as a satirist, translator, and commentator on Renaissance culture. His critical work on the New Testament sparked both praise and controversy. Advocating a philosophy of Christ influenced by Platonism and Epicureanism, he emphasized moral inquiry as a duty for all believers. Erasmus also developed an ethics of speech to guide the pursuit of true wisdom.
The Baroque Era
The Baroque Era, characterised by dramatic artistic expressions and the consolidation of state power, significantly shaped the cultural and legal frameworks of its time.
Introduction to the Baroque
The Baroque Era, occurring in the 17th century, was marked by grand art, architecture, and music that reflected the complexities of human experience. This period was characterized by significant changes in Europe, with art playing a vital role in both political and religious contexts. The Baroque movement was closely tied to the Counter-Reformation, as the Catholic Church sought to reaffirm its doctrines and strengthen papal authority in response to the Protestant Reformation. The Jesuits were instrumental in these efforts through their missionary work and education, guided by the decrees of the Council of Trent (1545-1563).
Cultural Innovations
The Baroque Era saw significant advancements in the arts and sciences, marked by innovations such as chiaroscuro in painting, exemplified by Caravaggio, and the rise of opera and modern drama, with figures like Antonio Vivaldi and Molière. This period reflected a fascination with emotional experiences and elaborate storytelling. Notable developments also occurred in sculpture, highlighted by Gian Lorenzo Bernini, and in architecture, with iconic structures like St. Peter’s Basilica in Rome and the Palace of Versailles.
Societal Impact: Colonialism
The Baroque Era coincided with the peak of European colonial expansion, as nations like Spain, Portugal, England, and France established vast empires. This expansion resulted in significant cultural exchanges and the exploitation of colonized peoples, impacting societal structures globally. It also marked the beginning of modern globalization, with European traders exchanging colonial goods, such as silver from Mexico, with markets in China and Japan.
Legal Theory: Cardinal Richelieu’s Influence
Cardinal Armand Richelieu (1585-1642) had a profound impact on legal theory during the Baroque Era as chief minister to King Louis XIII from 1624 to 1642. He advocated for strong central authority, prioritizing state power over individual rights and laying the groundwork for modern governance. Influenced by early European nationalism, Richelieu believed in French exceptionalism, a sentiment shared by other elites of his time. His philosophy centered on raison d’état (reason of state), integrating ideas from Machiavellianism and neo-stoicism to promote a blend of power and prudence, aiming for domestic unity and international strength. Richelieu’s foreign policy sought to position France as a key player in a balanced order of nation-states, merging the concepts of raison d’état and French exceptionalism.
State Dynamics: France and Louis XIV
Louis XIV (1638-1715), known as the Sun King, exemplified absolutism in France during the Baroque Era. He implemented significant administrative and financial reorganizations, established manufacturing, and promoted trade. Louis XIV also reformed the army, achieving a series of military victories. His reign centralized power and reduced the nobility’s influence through extravagant displays of wealth and culture to reinforce his authority. With the state revolving entirely around him—summed up by his phrase “L’État, c’est moi”—his 72-year reign is often referred to as “Le Grand Siècle” in France.
The Enlightenment Era
The Enlightenment Era was a pivotal intellectual movement that emphasised reason, individualism, and scepticism of traditional doctrines, profoundly shaping modern legal and societal frameworks.
Introduction to the Enlightenment
The Enlightenment, which lasted from the late 17th to the early 19th centuries, represented a major shift in thought. Philosophers emphasized reason as the primary source of authority and legitimacy, famously articulated by René Descartes with “Cogito ergo sum.” This movement challenged established norms and inspired revolutionary ideas across Europe, leading to significant events like the French Revolution (1789) and the reign of Napoleon (1804-1815). It was also a time of increased modernization, with new ideas being discussed in cafes, salons, newspapers, and magazines.
Cultural shift(s)
This era experienced significant cultural transformations, including the rise of secularism and an emphasis on human experience. A return to classicism, known as neoclassicism, influenced various art forms, such as the works of Jacques-Louis David in painting and the architectural style of Louis XVI. In music, composers like Mozart and Haydn thrived, while literature saw the emergence of the modern novel, with figures like Johann Wolfgang von Goethe exploring new themes of humanism, freedom, and rationality. These developments collectively reshaped societal norms.
Societal Development: First Industrial Revolution
The First Industrial Revolution in England (1760-1840) significantly transformed economic and social structures by shifting production from rural to urban centers, leading to new labor dynamics and societal roles. This era initiated socio-economic changes that were more globally impactful than the Florentine Renaissance or the French Revolution. It marked the transition from human and animal labor to machinery, with advancements in chemical manufacturing, iron production, waterpower efficiency, steam power, and machine tools. Key industries included iron, coal, and textiles, which transformed rural industries into urban centers and craftsmen into wage laborers. British colonial possessions provided essential raw materials like cotton, sugar, and tobacco, and the slave trade was abolished in 1793.
Legal Theorists: Charles Montesquieu
Montesquieu (1689-1755) emphasized the significance of the separation of powers in creating a fair legal system, advocating for distinct legislative, executive, and judicial roles. His influential work, The Spirit of Laws, is considered foundational to legal science. He argued that this separation allows each branch to monitor the others, preventing any branch from exceeding its constitutional limits. Montesquieu asserted that the rule of law binds political power to established laws, ensuring that no individual is above the law and that state actions adhere to known standards. He viewed the rule of law as essential for promoting moderation in government and protecting political liberty.
Legal Theorists: Jean-Jacques Rousseau
In his work, Jean-Jacques Rousseau (1712-1778) emphasized the ideals of freedom and equality, significantly influencing modern democratic thought and governance. He argued that humans are inherently good but have been corrupted by the complexities of historical events leading to contemporary civil society. Central to his philosophy is the concept of the ‘social contract,’ which posits that legitimate political authority arises from the will of the people. Additionally, Rousseau maintained that laws should be general in application and universal in scope.
Legal Theorists: Cesare Beccaria
Cesare Beccaria (1738-1794) published Crimes and Punishments anonymously in 1764 at the age of twenty-six, advocating for criminal justice reforms. He opposed torture and the death penalty, believing that punishment should deter future crimes while avoiding excessive severity, focusing instead on the harm caused by the offense. Beccaria’s legal theory is built on two pillars: the social contract and a sense of humanity, emphasizing compassion for the most unfortunate. His writings have significantly influenced modern views on legal rights and humane treatment in legal systems, shaping the development of contemporary criminal law.
