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Secret Compensation: A Friendly And Lawful Alternative To Lipsius’s Political Thought

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Chapter Summary

A journey to the unfamiliar realm of early modern scholastic philosophy, of which Leonardus Lessius stands out as the most important representative in Justus Lipsiuss home-country, is a necessary complement to any adventure into early modern political thought. This chapter describes the discussion by 16th and early 17th century scholastics of secret compensation (occulta compensation) between a creditor and a debtor, a private law instrument with which, significantly, we do not seem to be familiar any more. As it demonstrates, It might well be the very moment this notion disappeared from property and contract law that constitutes the moment at which, in private law terms, the absolutely sovereign and modern State was borna modern state in the sense of a central power unchallenged by parallel and rival normative authorities and with an unconditional monopoly on conflict management between its citizens.

Keywords: Justus Lipsius; political thought; private law; secret compensation



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