Kingship and Law in the Middle Ages: I. The Divine Right of Kings and the Right of Resistance in the Early Middle Ages. II. Law and Constitution in … S.B. Chrimes (Studies in Mediaeval History)

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At first published: New York: Frederick A. Praeger Publishers, 1956. xxxi, 214 pp. First published in 1914, this is among the most necessary studies of early constitutional law. Kern [1884-1950] observes that discussions of the state within the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount Were they the ones of the ruler or the folks? Kern locates the origins of this debate, which has continued to the 20th century, in church doctrine and the history of the early German states. He demonstrates that the interaction of these two sets of influences in conflict and alliance lead the way for a new outlook within the relations between the ruler and the ruled, and laid the rules either one of absolutist and of constitutional theory (4).

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