Medieval Origins of the Rule of Law: The Gregorian Reforms as Critical Juncture?
Jørgen Møller
This article shows that there is an ascending consensus the European Middle Ages were pervaded by a number of constitutionalist norms and institutions facilitated later development democracy, modern state, rule law. However, review this literature also has been little attempt to systematically explain origins these institutions. Against background, discusses what so far seems be major “origins” hypothesis, namely, contingent product secular-religious conflicts in High Ages, reinforced rediscovery Roman law political theory Aristotle. contrasted with alternative which traces developments from latent tensions between church rulers already present Early bridge two positions made. The discussion draws evidence Western Europe Byzantine Empire both Ages.
Hague Journal on the Rule of Law|Scopus (Elsevier)