This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
This provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or 'restored' one. Each entry is also cross-referenced to related terms for ease of use.
Emergence of the modern science of international law in the seventeenth and eighteenth centuries is usually attributed to Hugo Grotius (1583-1645) and other “founders of international law.” Based on the belief that “all seventeenth and eighteenth-century writers of international law had their own particular political context in mind when writing about the law of nations,” this book sheds light on some worldly aspect of the early writers of the law of nations (i.e., the former name for international law). Studied here are the writings of seven German court councilors, namely, Samuel Rachel (Schleswig-Holstein-Gottorp), Gottfried Wilhelm Leibniz (Hannover), Adam Friedrich Glafey (Saxony), Johann Adam Ickstatt (Würzburg-Bamberg), Samuel von Cocceji (Prussia), Johann Jacob Moser (Würtemberg and Hessen-Homburg) and Emer de Vattel (Saxony).
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.
This book analyses the legal literacy, knowledge and skills of people in premodern and modernizing Europe. It examines how laymen belonging both to the common people and the elite acquired legal knowledge and skills, how they used these in advocacy and legal writing and how legal literacy became an avenue for social mobility. Taking a comparative approach, contributors consider the historical contexts of England, Finland, France, Germany, Italy and Sweden. This book is divided into two main parts. The first part discusses various groups of legal literates (scriveners, court of appeal judges and advocates) and their different paths to legal literacy from the Middle Ages to the nineteenth century. The second part analyses the rise of the ownership and production of legal literature – especially legal books meant for laymen – as means for acquiring a degree of legal literacy from the eighteenth to the early twentieth century.
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
