Historic Rights in Sixteenth-Century France
Abstract
Rights, in the Early Modern era, were conceived in terms of divine and natural law. They were understood to be powers, or faculties, belonging to an individual, or to communities, that had existed from the beginnings of time. The intellectual underpinnings of rights theory were derived from the moral theology of the scholastics, and lay in the idea that rights were a God-given power of the soul, and an expression of active virtue. This was true in the Medieval era, and it remained so in the Early Modern, when the origins of ideas about natural rights lay in the poverty controversies of the mendicant orders in the thirteenth and fourteenth centuries. The appeal to the concept of a natural right was first and foremost a moral endeavour.
Fields of Study & Subjects
Seventeenth-Century Political and Philosophical Thought
Medieval and Early Modern Justice
Historical Economic and Legal Thought
Publication details
- Journal / source
- Cambridge University Press eBooks
- Pages
- 69–93
- Publication date
- 29 January 2026
- Document type
- Book chapter