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

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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.

Roman Law in the State of Nature

Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1107092906

Category: History

Page: 283

View: 699

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Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.

Mare liberum

Author: Hugo Grotius

Publisher: New York: Oxford University Press

ISBN: N.A

Category: Freedom of the seas

Page: 161

View: 4075

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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: 378

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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.

Natural Law and Moral Philosophy

From Grotius to the Scottish Enlightenment

Author: Knud Haakonssen

Publisher: Cambridge University Press

ISBN: 9780521498029

Category: Law

Page: 386

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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.

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: 6504

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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.

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: 5764

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

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: 3584

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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.

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: 4436

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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.

The Sleeping Sovereign

The Invention of Modern Democracy

Author: Richard Tuck

Publisher: Cambridge University Press

ISBN: 1316425509

Category: Political Science

Page: N.A

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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.

Leviathan

Author: Thomas Hobbes

Publisher: Xist Publishing

ISBN: 1623959721

Category: Political Science

Page: 171

View: 9508

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What makes a legitimate government? Leviathan by Thomas Hobbes is a foundational text of western civilization. The book features one of the earliest examples of social contract theory and is essential reading for those who wish to understand government, politics and even business. Xist Publishing is a digital-first publisher. Xist Publishing creates books for the touchscreen generation and is dedicated to helping everyone develop a lifetime love of reading, no matter what form it takes

The Rights of War and Peace

Author: Hugo Grotius

Publisher: N.A

ISBN: 9781434413000

Category: Law

Page: 438

View: 3327

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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.

Montaigne and the Life of Freedom

Author: Felicity Green

Publisher: Cambridge University Press

ISBN: 1107024390

Category: History

Page: 246

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A new interpretation of the Essais, situating Montaigne's project of self-study in the context of a broader commitment to liberty.

Ancient Law

Its Connection with the Early History of Society, and Its Relation to Modern Ideas

Author: Henry Sumner Maine

Publisher: N.A

ISBN: N.A

Category: Catalogs, Publishers'

Page: 415

View: 6127

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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: 2978

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

A Methodical System of Universal Law

Or, The Laws of Nature and Nations, Deduced from Certain Principles, and Applied to Proper Cases

Author: Johann Gottlieb Heineccius,George Turnbull

Publisher: N.A

ISBN: N.A

Category: International law

Page: N.A

View: 9727

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Natural Law and Natural Rights

Author: John Finnis

Publisher: OUP Oxford

ISBN: 0191021547

Category: Law

Page: 512

View: 2260

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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

The Epochs of International Law

Author: Wilhelm G. Grewe

Publisher: Walter de Gruyter

ISBN: 3110902907

Category: Law

Page: 802

View: 3637

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Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.