Organic Tendencies in Medieval Political Thought

The purpose of this paper is a re-examination of the thesis set forth by Otto von Gierke: that in medieval political theory there were certain organic tendencies which, because the jurists failed to develop the concept of the real personality of the group, ultimately gave way to an atomistic construction of the state. The paper is not concerned with the actual structure of medieval society, nor with the legal concepts of jurists, but with the theoretical doctrines of the publicists which Gierke interprets in that section of Das deutsche Genossenschaftsrecht which, in Maitland's translation, has become a classic for students of political theory. It is my contention that, while his treatment of subordinate issues of medieval political theory is often masterly, Gierke's main theses in regard to the medieval concepts of the nature of the group, the relation of officers to the group, and the relation of groups to one another are fundamentally inaccurate.