E Book

Catholic and Reformed Traditions in International Law

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Introduction -- The Law Of Nations: Between The Natural Law And The Positive Law -- The Basis Of Law For Francisco Suárez -- The Basis Of Law For Hugo Grotius -- The Law Of The People In Suárez -- The Law Of Nations In Hugo Grotius -- Conclusion.This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn’t original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez’s oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

Cham : Springer., 2017

Deskripsi Fisik

X, 309 p.online resource.

Bahasa

English

ISBN/ISSN

9783319594033

Klasifikasi

340.1

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

1st ed.

Subjek

Political science.
Public international law.
Public International Law .
Law.
Law—Philosophy.
Theories of Law, Philosophy of Law, Legal History.
Philosophy of Law.

Info Detail Spesifik

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Pernyataan Tanggungjawab

Paulo Emílio Vauthier Borges de Macedo.

Versi lain/terkait

Lampiran Berkas

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