Book Review: Modernism and the Meaning of Corporate Persons

IF 0.4 Q3 LAW
Jack Quirk
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引用次数: 0

Abstract

the narrowness of focus that contributes to the rigor of his readings leads to oversimplification when he tries to make them stand for Langland’s larger motives. The canonists’ teachings were hardly restricted to penance. Likewise, penitential tradition in the later Middle Ages was not fully represented in the canonists alone. Thomas readily acknowledges the first point. He ignores the second. But that also means largely ignoring Langland’s most obvious engagement with penitential tradition, the confessions of the Seven Deadly Sins in B.5 and C.6 (from which Thomas takes his discussion of Covetise). The taxonomy of the deadly sins comes to Langland from the treatise on virtues and vices, especially the many English adaptations and translations of the immensely popular Summae on the Vices and Virtues of Willam Peraldus and the Somme le Roi of Frère Laurent. The taxonomy itself originally comes from Cassian, who offers it as an aid to the monastic practices of supervised, therapeutic self-examination that would ultimately evolve into the ritual of confession. Although more dominant in earlier medieval penance this monastic impulse never disappears. The laicized quest for spiritual perfection celebrated in the pastoralia outside of canon law, and aimed specifically at vernacular audiences, clearly held its own attractions for the fiercely anti-clerical Langland. It would have helped Thomas’s case had he at least acknowledged them. That is not to say Thomas’s larger claims are wrong; just that they are insufficiently demonstrated. There is no disputing Langland’s intense engagement with canon law in the episodes Thomas analyzes. It may now lie to Langland scholarship as a whole to reckon with their importance.
书评:现代主义与法人的意义
当他试图让阅读代表兰兰德更大的动机时,导致阅读严谨的狭隘焦点导致了过于简单化。圣人的教义几乎不局限于忏悔。同样,中世纪后期的忏悔传统并没有完全体现在圣人身上。托马斯欣然承认了第一点。他忽略了第二个。但这也意味着在很大程度上忽略了兰兰与忏悔传统最明显的接触,即B.5和C.6中对七宗罪的忏悔(托马斯从中讨论了柯文提斯)。兰兰德对致命罪行的分类来自于关于美德和罪恶的论文,尤其是广受欢迎的《威拉姆·佩拉尔杜斯的美德与美德峰会》和《圣罗兰颂》的许多英文改编和翻译。该分类法本身最初来自卡西安,他将其作为对受监督的、治疗性的自我检查的修道院实践的帮助,最终演变为忏悔仪式。尽管在中世纪早期的忏悔中更占主导地位,但这种修道冲动从未消失。在教会法之外的牧师中,对精神完美的追求是明确的,专门针对本土观众,这显然对强烈反对牧师的兰兰有着自己的吸引力。如果托马斯至少承认了他们的话,这会对他的案子有所帮助。这并不是说托马斯更大的主张是错误的;只是它们没有得到充分的证明。在托马斯分析的剧集中,兰兰对正典法的强烈参与是毋庸置疑的。现在,兰兰德奖学金作为一个整体来考虑它们的重要性可能是错误的。
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来源期刊
CiteScore
1.40
自引率
0.00%
发文量
33
期刊介绍: Our mission is to publish high quality work at the intersection of scholarship on law, culture, and the humanities. All commentaries, articles and review essays are peer reviewed. We provide a publishing vehicle for scholars engaged in interdisciplinary, humanistically oriented legal scholarship. We publish a wide range of scholarship in legal history, legal theory and jurisprudence, law and cultural studies, law and literature, and legal hermeneutics.
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