Roman Law in the State of Nature

The Classical Foundations of Hugo Grotius' Natural Law

Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1316241076

Category: Political Science

Page: N.A

View: 7759

Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe.
Posted in Political Science

Hugo Grotius and the Century of Revolution, 1613-1718

Transnational Reception in English Political Thought

Author: Marco Barducci

Publisher: Oxford University Press

ISBN: 0198754582

Category: History

Page: 224

View: 8197

Hugo Grotius and the Century of Revolution, 1613-1718 is a reconstruction of the way Hugo Grotius (1583-1645) was read and used by English political and religious writers in the seventeenth and early eighteenth centuries. Engaging with the reception of all of Grotius's key works and a wide range of topics, the volume has much to say about the search for peace in an age of religious conflict and about the cultural roots of the Enlightenment. Most of all, Marco Barducci aims to deepen our understanding of the connections that made English political thought part of the history of European thought. To this end, it brings together a succinct account of Grotius's own thinking on key topics, mapping these accounts within English debates, to show why his ideas were seen to be relevant at key moments; shows awareness of the possibilities for the misappropriation inherent in reception; and adds something new to our understanding of why seventeenth-century Englishmen argued in the ways that they did.
Posted in History

The Politics of Justice in European Private Law

Social Justice, Access Justice, Societal Justice

Author: Hans-W Micklitz

Publisher: Cambridge University Press

ISBN: 1108424120

Category: Law

Page: 300

View: 8501

Compares national concepts of social justice with the developing European concept of access justice.
Posted in Law

The Rights of War and Peace

Including the Law of Nature and of Nations

Author: Hugo Grotius

Publisher: N.A

ISBN: N.A

Category: International law

Page: N.A

View: 7561

Posted in International law

The Rights of War and Peace

Author: Hugo Grotius

Publisher: N.A

ISBN: 9781434413000

Category: Law

Page: 438

View: 4211

Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.
Posted in Law

The Wars of the Romans

A Critical Edition and Translation of De Armis Romanis

Author: Alberico Gentili,Benedict Kingsbury,Benjamin Straumann,David Lupher

Publisher: Oxford University Press on Demand

ISBN: 0199600511

Category: History

Page: 388

View: 7802

"A project of the Institute for International Law and Justice at New York University School of Law"
Posted in History

The free sea

Author: Hugo Grotius,Richard Hakluyt,William Welwood,David Armitage

Publisher: Liberty Fund Inc.

ISBN: N.A

Category: Law

Page: 145

View: 2189

The freedom of the oceans of the world and coastal waters has been a contentious issue in international law for the past four hundred years. The most influential argument in favor of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 Mare Liberum (The Free Sea). The Free Sea was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, De Jure Praedae (Commentary on the Law of Prize and Booty), which Grotius had written to defend the Dutch East India Company’s capture in 1603 of a rich Portuguese merchant ship in the Strait of Singapore. Liberty Fund’s new edition of The Free Sea is the only translation of Grotius’s masterpiece undertaken in his own lifetime, left in manuscript by the English historian, Richard Hakluyt (1552–1616). It also contains William Welwod’s critique of Grotius (reprinted for the first time since the seventeenth century) and Grotius’s reply to Welwod. These documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders. David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University. He is the author of The Ideological Origins of the British Empire and The Declaration of Independence: A Global History; the editor of Theories of Empire, 1450–1800; and the co-editor of The British Atlantic World, 1500–1800, Shakespeare and Early Modern Political Thought, and The Age of Revolutions in Global Context, c. 1760–1840. Richard Hakluyt (d. 1616) was a geographer, editor, and translator of travel literature. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.
Posted in Law

The Roman Foundations of the Law of Nations

Alberico Gentili and the Justice of Empire

Author: Benedict Kingsbury,Benjamin Straumann

Publisher: Oxford University Press on Demand

ISBN: 0199599874

Category: History

Page: 382

View: 2655

This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.
Posted in History

Natural Law and Moral Philosophy

From Grotius to the Scottish Enlightenment

Author: Knud Haakonssen

Publisher: Cambridge University Press

ISBN: 9780521498029

Category: Law

Page: 386

View: 5214

Providing the most comprehensive guide to modern natural law theory available, this major contribution to the history of philosophy sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment.
Posted in Law

The Natural Law

A Study in Legal and Social History and Philosophy

Author: Heinrich Albert Rommen

Publisher: N.A

ISBN: 9780865971615

Category: Law

Page: 278

View: 8566

Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.
Posted in Law

The Sleeping Sovereign

The Invention of Modern Democracy

Author: Richard Tuck

Publisher: Cambridge University Press

ISBN: 1316425509

Category: Political Science

Page: N.A

View: 3530

Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.
Posted in Political Science

Natural Rights and the New Republicanism

Author: Michael P. Zuckert

Publisher: Princeton University Press

ISBN: 9780691059709

Category: History

Page: 410

View: 6322

In Natural Rights and the New Republicanism, Michael Zuckert proposes a new view of the political philosophy that lay behind the founding of the United States. In a book that will interest political scientists, historians, and philosophers, Zuckert looks at the Whig or opposition tradition as it developed in England. He argues that there were, in fact, three opposition traditions: Protestant, Grotian, and Lockean. Before the English Civil War the opposition was inspired by the effort to find the "one true Protestant politics--an effort that was seen to be a failure by the end of the Interregnum period. The Restoration saw the emergence of the Whigs, who sought a way to ground politics free from the sectarian theological-scriptural conflicts of the previous period. The Whigs were particularly influenced by the Dutch natural law philosopher Hugo Grotius. However, as Zuckert shows, by the mid-eighteenth century John Locke had replaced Grotius as the philosopher of the Whigs. Zuckert's analysis concludes with a penetrating examination of John Trenchard and Thomas Gordon, the English "Cato," who, he argues, brought together Lockean political philosophy and pre-existing Whig political science into a new and powerful synthesis. Although it has been misleadingly presented as a separate "classical republican" tradition in recent scholarly discussions, it is this "new republicanism" that served as the philosophical point of departure for the founders of the American republic.
Posted in History

The Rights of Strangers

Theories of International Hospitality, the Global Community and Political Justice since Vitoria

Author: Georg Cavallar

Publisher: Routledge

ISBN: 1351540963

Category: History

Page: 430

View: 6993

This study investigates the thinking of European authors from Vitoria to Kant about political justice, the global community, and the rights of strangers as one special form of interaction among individuals of divergent societies, political communities, and cultures. Taking an interdisciplinary approach, it covers historical material from a predominantly philosophical perspective, interpreting authors who have tackled problems related to the rights of strangers under the heading of international hospitality. Their analyses of the civitas maxima or the societas humani generis covered the nature of the global commonwealth. Their doctrines of natural law (ius naturae) were supposed to provide what we nowadays call theories of political justice. The focus of the work is on international hospitality as part of the law of nations, on its scope and justification. It follows the political ideas of Francisco de Vitoria and the Second Scholastic in the 16th century, of Alberico Gentili, Hugo Grotius, Samuel Pufendorf, Christian Wolff, Emer de Vattel, Johann Jacob Moser, and Immanuel Kant. It draws attention to the international dimension of political thought in Thomas Hobbes, John Locke, Jean-Jacques Rousseau, David Hume, Adam Smith, and others. This is predominantly a study in intellectual history which contextualizes ideas, but also emphasizes their systematic relevance.
Posted in History

At the Origins of Modernity

Francisco de Vitoria and the Discovery of International Law

Author: José María Beneyto,Justo Corti Varela

Publisher: Springer

ISBN: 3319629980

Category: Law

Page: 217

View: 7197

This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as “modern” or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the “Other” and the legitimation of military interventions. All these subjects include Vitoria’s contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria’s texts, in the context of “modern” problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria’s reflections for contemporary issues of international law.
Posted in Law

Leviathan

Author: Thomas Hobbes

Publisher: First Avenue Editions

ISBN: 154151842X

Category: Philosophy

Page: 708

View: 8916

During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.
Posted in Philosophy

The Freedom of the Seas

The Right Which Belongs to the Dutch to Take Part in the East Indian Trade

Author: Hugo Grotius,James Brown Scott

Publisher: International Law & Taxation Pub

ISBN: 9781893713406

Category: Law

Page: 200

View: 8460

In this classic of international maritime law he calls for open rights of all countries and dominions to sail the seas without appropriation by any country, which was undoubtedly an attempt to offset the attempts of Spain, Portugal and England to claim sovereignty of the seas. This controversial viewpoint was opposed by John Selden in defense of the British Empire, in Mare Clausum. Grotius [1583-1645] is known principally for this work and his classic treatise on the law of nations, De Jure Belli.
Posted in Law

System, Order and International Law

The Early History of International Legal Thought from Machiavelli to Hegel

Author: Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit

Publisher: Oxford University Press

ISBN: 0198768583

Category: Law

Page: 544

View: 419

This edited collection provides a timely reassessment of thinkers from Machiavelli to Hegel that seeks to uncover the ideological bedrock of modern international legal thought from its starting point in the Renaissance. The interplay of system and order serves as a leitmotiv throughout thebook, helping to link historical models to contemporary discourse. In the first part of the book, the work of individual thinkers is considered in light of their contribution to the development of international legal thought. The second part of the book draws out horizontal themes, providing anopportunity to revaluate the discursive field and constrast it with present-day approaches. These analyses deepen our understanding of the international political realm by scrutinzing the intellectual foundations of international law as we know it.
Posted in Law

Natural Rights Theories

Their Origin and Development

Author: Richard Tuck

Publisher: Cambridge University Press

ISBN: 9780521285094

Category: History

Page: 185

View: 7737

The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
Posted in History

Hugo Grotius, the Portuguese, and Free Trade in the East Indies

Author: Peter Borschberg

Publisher: NUS Press

ISBN: 9971694670

Category: History

Page: 512

View: 8363

This book considers the background to the treatises, their content and significance, and what Grotius actually knew about Southeast Asian polities or Portuguese institutions of trade and diplomacy when he wrote them. --
Posted in History

Foundations of Private Law

Property, Tort, Contract, Unjust Enrichment

Author: James Gordley

Publisher: OUP Oxford

ISBN: 0191021717

Category: Law

Page: 496

View: 1940

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Posted in Law