Historic Rights in Sixteenth-Century France

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Authors: Sophie Nicholls
Cited by: 0
References: 17

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