Francisco De Vitoria And The Evolution Of International Law

Author : Amaya Amell
Publisher : Rowman & Littlefield
Page : 141 pages
File Size : 45,6 Mb
Release : 2021-03-04
Category : Law
ISBN : 9781793613356

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Francisco de Vitoria and the Evolution of International Law by Amaya Amell Pdf

Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.

Author : Ignacio de la Rasilla del Moral
Publisher : BRILL
Page : 369 pages
File Size : 55,9 Mb
Release : 2017-11-27
Category : Law
ISBN : 9789004343238

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In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) by Ignacio de la Rasilla del Moral Pdf

In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War.

Author : James Brown Scott
Publisher : The Lawbook Exchange, Ltd.
Page : 486 pages
File Size : 43,9 Mb
Release : 2000
Category : International law
ISBN : 9781584771104

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The Spanish Origin of International Law by James Brown Scott Pdf

Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, [6], clviii pp. Francisco de Vitoria [c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large. Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom. One of the greatest figures in modern international law, James Brown Scott [1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).

Author : José María Beneyto,Justo Corti Varela
Publisher : Springer
Page : 217 pages
File Size : 50,6 Mb
Release : 2017-08-30
Category : Law
ISBN : 9783319629988

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At the Origins of Modernity by José María Beneyto,Justo Corti Varela Pdf

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.

Author : Paolo Amorosa
Publisher : Oxford University Press
Page : 368 pages
File Size : 41,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780192589057

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Rewriting the History of the Law of Nations by Paolo Amorosa Pdf

In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

Author : Paolo Amorosa
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 49,5 Mb
Release : 2019-09
Category : Law
ISBN : 9780198849377

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Rewriting the History of the Law of Nations by Paolo Amorosa Pdf

In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

Author : Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger
Publisher : Oxford University Press
Page : 1269 pages
File Size : 45,6 Mb
Release : 2012-11
Category : History
ISBN : 9780199599752

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The Oxford Handbook of the History of International Law by Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger Pdf

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

Author : James Brown Scott
Publisher : Unknown
Page : 502 pages
File Size : 54,6 Mb
Release : 1934
Category : Colonies (International law)
ISBN : UOM:39015040111786

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The Spanish Origin of International Law by James Brown Scott Pdf

Author : Martti Koskenniemi,Walter Rech,Manuel Jiménez Fonseca
Publisher : Oxford University Press
Page : 417 pages
File Size : 47,9 Mb
Release : 2017
Category : Law
ISBN : 9780198795575

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International Law and Empire by Martti Koskenniemi,Walter Rech,Manuel Jiménez Fonseca Pdf

By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.

Author : James Brown Scott
Publisher : The Lawbook Exchange, Ltd.
Page : 518 pages
File Size : 44,5 Mb
Release : 2008
Category : International law
ISBN : 9781584778219

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The Catholic Conception of International Law by James Brown Scott Pdf

La 4e de couverture indique : "This important study of international law theory before Grotius discusses the work of Victoria and Suarez, together with the writings of later Catholic jurists of the period, such as Mariana, Buchanan and Bellarmine. Contemporary Protestant jurists are discussed as well. Reprint of the sole edition. "The outstanding merit of the book for which Dr. Scott has placed scholars and lawyers in his debt is that it is a needed reminder that the ideas and conceptions on which the internal order of states, no less than the good order of the international community, depend, are not of today nor of yesterday, but that they have a long history, and that their deepest roots are in the great tradition of Christian thought, which, through the centuries, was elaborated by schoolmen and canonists and jurists with a power of analysis and insight which puts to shame the contributions of much of what passes for contemporary jurisprudence."

Author : José María Beneyto
Publisher : Springer Nature
Page : 228 pages
File Size : 46,8 Mb
Release : 2021-12-10
Category : Law
ISBN : 9783030824877

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Empire, Humanism and Rights by José María Beneyto Pdf

This book deals with Vitoria, Charles V and Erasmus. Vitoria’s ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus’ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor. Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V’s imperial policy, the book’s goal is to explore the impact of Vitoria’s thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.

Author : Anonim
Publisher : BRILL
Page : 513 pages
File Size : 51,6 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789004461802

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Politics and the Histories of International Law by Anonim Pdf

This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.

Author : Fleur Johns,Richard Joyce,Sundhya Pahuja
Publisher : Routledge
Page : 310 pages
File Size : 53,6 Mb
Release : 2010-10-04
Category : Law
ISBN : 9781136920301

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Events: The Force of International Law by Fleur Johns,Richard Joyce,Sundhya Pahuja Pdf

Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

Author : Rafael Domingo
Publisher : Cambridge University Press
Page : 241 pages
File Size : 44,6 Mb
Release : 2010-02-26
Category : Law
ISBN : 9781139485944

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The New Global Law by Rafael Domingo Pdf

The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Author : Francisco de Vitoria
Publisher : Unknown
Page : 124 pages
File Size : 55,5 Mb
Release : 1946
Category : International law
ISBN : STANFORD:36105120817536

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The Principles of Political and International Law in the Work of Francisco de Vitoria by Francisco de Vitoria Pdf