The Idea of Natural Rights

Brian Tierney is the Bowmar Professor in Humanistic Studies, Emeritus, at Cornell University

Acknowledgments	p. ix
Citations	p. xi
Introduction: Modern Problems and Historical Approaches	p. 1
Origins
Villey, Ockham and the Origin of Individual Rights	p. 13
Classical Roman Law
Individual Rights and Natural Law
Aquinas and the Canonists: Ius and Lex
Ockham's "Revolution"
Objections to Villey
Alternative Approaches
Origins of Natural Rights Language: Texts and Contexts, 1150-1250	p. 43
The Question of Origins
Sources of Modern Rights Language
Canonistic Rights Language--Contexts
Canonistic Rights Language--Texts
Need and Natural Right
Conclusion
Rights and Duties: A Quaestio of Henry of Ghent	p. 78
A Prisoner's Dilemma
Ownership of Self
Ockham and The Franciscans
The Beginning of the Dispute	p. 93
From Francis to Ockham
Approaches to Ockham
Languages of Rights	p. 104
Hervaeus Natalis. Ius and Potestas
Marsilius of Padua. Ius and Lex
William of Ockham. Ius Poli and Ius Fori
Conclusion
Property, Natural Right, and the State of Nature	p. 131
Problems of First Acquisition
Civilians, Canonists, and Theologians
Bonagratia of Bergamo and John XXII
Ockham on Property
William of Ockham. Rights and Some Problems of Political Thought	p. 170
Origins of Jurisdiction
Varieties of Natural Law
Absolutism and Natural Rights
A Rights-Based Political Theory?
Postscript	p. 195
From Gerson To Grotius
Gerson. Conciliarism, Corporatism, and Individualism	p. 207
Individual and Community
Tuck on Gerson
Rights and Conciliarism
Rights and Reform
Ius and Dominium
Almain, Mair, Summenhart	p. 236
Medieval Survivals
Mair, Rights and Needs
Summenhart. Varieties of Dominion
A New Age
Aristotle and the American Indians	p. 255
Vitoria. Aquinas and Natural Rights
Vitoria. Rights and Indians
Las Casas. Indians and Rights
Rights, Community, and Sovereignty	p. 288
Vitoria. Sovereignty and Divine Right
Suarez. Sovereignty and Natural Rights
Grotius. From Medieval to Modern	p. 316
The Question of Modernity
Natural Law and Natural Rights
The Right to Property
Individuals, Society, and Sovereignty
Conclusion	p. 346
Bibliography	p. 349
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