Catholic and Reformed Traditions in International Law

Catholic and Reformed Traditions in International Law

Author: Paulo Emílio Vauthier Borges de Macedo

Publisher: Springer

Published: 2017-08-28

Total Pages: 314

ISBN-13: 3319594036

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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.


Rediscovering the Natural Law in Reformed Theological Ethics

Rediscovering the Natural Law in Reformed Theological Ethics

Author: Stephen J. Grabill

Publisher: Wm. B. Eerdmans Publishing

Published: 2006-10-05

Total Pages: 321

ISBN-13: 0802863132

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Is knowledge of right and wrong written on the human heart? Do people know God from the world around them? Does natural knowledge contribute to Christian doctrine? While these questions of natural theology and natural law have historically been part of theological reflection, the radical reliance of twentieth-century Protestant theologians on revelation has eclipsed this historic connection. Stephen Grabill attempts the treacherous task of reintegrating Reformed Protestant theology with natural law by appealing to Reformation-era theologians such as John Calvin, Peter Martyr Vermigli, Johannes Althusius, and Francis Turretin, who carried over and refined the traditional understanding of this key doctrine. Rediscovering the Natural Law in Reformed Theological Ethics calls Christian ethicists, theologians, and laypersons to take another look at this vital element in the history of Christian ethical thought.


The International Society Tradition

The International Society Tradition

Author: Cornelia Navari

Publisher: Springer Nature

Published: 2021-07-21

Total Pages: 193

ISBN-13: 3030770184

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This book traces the development of the international society tradition from its origins in Grotius’ On the Law of War and Peace to its crystallization in Bull’s The Anarchical Society. It follows the idea of sociability among peoples as it was presented by Grotius and substantiated by Pufendorf, through the skepticism of Voltaire and Kant, to emerge as humanitarian warfare and human rights in the international liberal movement, ‘world society’ in the 20th century Catholic revival, and common practices and social understandings in the English School in the period of disciplinary development in international relations after the Second World War.


History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)

History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 168

ISBN-13: 9004464816

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This volume collects studies into the legal thought of Francisco Suárez. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to questions of legal theory, the chapters cover various branches of the law including private law, criminal law and international law.


The Invention of Custom

The Invention of Custom

Author: Francesca Iurlaro

Publisher: Oxford University Press

Published: 2022-01-22

Total Pages: 305

ISBN-13: 0192897950

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The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.


Empire and Legal Thought

Empire and Legal Thought

Author: Edward Cavanagh

Publisher: BRILL

Published: 2020-05-25

Total Pages: 633

ISBN-13: 9004431241

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Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.


The Emergence of Privateering

The Emergence of Privateering

Author: John Davidson Ford

Publisher: Martinus Nijhoff Publishers

Published: 2023-04-03

Total Pages: 428

ISBN-13: 9004541411

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What exactly was privateering? How did it differ from other forms of maritime raiding? These questions are answered in a study of the emergence of privateering as a new legal category in the late sixteenth and early seventeenth centuries.


Christianity and Global Law

Christianity and Global Law

Author: Rafael Domingo

Publisher: Routledge

Published: 2020-03-31

Total Pages: 421

ISBN-13: 1000039226

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This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.


The Oxford Handbook of European Legal History

The Oxford Handbook of European Legal History

Author: Heikki Pihlajamäki

Publisher: Oxford University Press

Published: 2018-06-28

Total Pages: 1217

ISBN-13: 0191088374

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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.


The Legal Legacy of the Reformation

The Legal Legacy of the Reformation

Author: John Duddington

Publisher: Taylor & Francis

Published: 2024-11-25

Total Pages: 254

ISBN-13: 0429559143

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The growing interest in the relationship between religion and law is, in the case of Christianity, often viewed in monolithic terms. Moreover, the debate is often seen in terms of the relationship of Christianity to the state along with discussions about, for example, religious freedom. Christianity is often seen as responding to claims made on it by the state and by the growth of secularism. This book takes a different approach. First, it makes the claim that Christianity has something of value to say about various pressing issues which are of direct relevance to contemporary society. Amongst these are the place of human rights and that of individual claims of conscience. Second, it does not regard Christianity as a monolithic whole but takes as its starting point the sundering of Christendom at the Reformation, which, it claims, led in many cases to divergent patterns of thought between Catholics and Protestants about law and its place in society. However, as this book shows, in many cases, Catholic and Protestant thinking on areas such as natural law is not as divergent as it is often thought. Five hundred years after the Reformation, the work presents a reflection on the roots of Catholic and Protestant thinking on law and its place in society. It will be of interest to canon lawyers as well as academics and students of law and religion.