Property Piracy And Punishment Hugo Grotius On War And Booty In De Iure Praedae
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Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae by Anonim Pdf
Sixteen essays discuss De iure praedae – Hugo Grotius’s 1604-1605 commentary on booty –, its sources, circumstances and consequences, and explore how Grotius the humanist, the theologian, the jurist and the politician concur in this his first exercise in natural law and rights.
Commerce and Its Discontents in Eighteenth-Century French Political Thought by Anoush Fraser Terjanian Pdf
This book uncovers the ambivalence towards commerce in eighteenth-century France, questioning the assumption that commerce was widely celebrated in the era of Adam Smith.
Sovereignty and Territorial Temptation by Christopher R. Rossi Pdf
This powerful reworking of the liberal tradition of international law uses Grotius as the vehicle for understanding coming challenges to the global commons. Fundamental problems of scarcity, sovereignty, anachronistic thinking, and territorial temptation are interwoven in historical and contemporary contexts to illuminate the tendency among states to share resources, but only when necessary.
The Roots of International Law / Les fondements du droit international by Anonim Pdf
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Why is liberalism so obsessed with waste? Is there a drone above you now? Are you living in a no-fly zone? What is the role of masculinity in the 'war on terror'? And why do so many liberals profess a love of peace while finding new ways to justify slaughter in the name of 'peace and security'? In this, the first book to deal with the concepts of war power and police power together, Mark Neocleous deals with these questions and many more by radically rethinking the relationship between war power and police power.
Reassessing Legal Humanism and its Claims by Paul J du Plessis Pdf
This book is a fundamental reassessment of the nature and impact of legal humanism on the development of law in Europe. It brings together the foremost international experts in related fields such as legal and intellectual history to debate central issues
The Emergence of Privateering by John Davidson Ford Pdf
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.
Piracy and the Origins of Universal Jurisdiction by Mark Chadwick Pdf
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
Hugo Grotius (1583-1645) is the most famous humanist scholar of the Dutch Golden Age. He wrote influential works on the laws of war and peace, Dutch history and the unification of the churches. His plea for a freedom of the seas in Mare liberum offered the Dutch East India Company a ready justification for the establishment of a trading empire in the East Indies. As far as his daily duties left him any spare time, he penned confidential, learned and beautifully-written letters. This voluminous correspondence offers a trove of information on Grotius’ life and works, and forms the basis of his newest biography which sketches a life caught in a fierce struggle for peace in Church and State.
The essays in this volume explore the theories and practices of sovereignty in the context of state-building in the early modern Northern and Southern Low Countries. The book approaches this historical debate from three angles: (1) political theoretical, (2) legal, and (3) politico-historical.
A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Author : Oona A. Hathaway,Scott J. Shapiro Publisher : Simon and Schuster Page : 608 pages File Size : 47,8 Mb Release : 2017-09-12 Category : History ISBN : 9781501109867
The Internationalists by Oona A. Hathaway,Scott J. Shapiro Pdf
"A bold and provocative history of how an overlooked 1923 treaty was among the most transformative events in modern history. On a hot summer afternoon in 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of the signing of the Pact, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. [This book] tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present. It details the brutal world of conflict the Peace Pact helped extinguish and the subsequent era where tariffs took the place of tanks. Accessible and gripping, this hook will change the way we view the history of the twentieth century--and show how we must work together to protect the global order the internationalists fought to make possible."--Jacket.
Peace is a universal ideal, but its political life is a great paradox: "peace" is the opposite of war, but it also enables war. If peace is the elimination of war, then what does it mean to wage war for the sake of peace? What does peace mean when some say that they are committed to it but that their enemies do not value it? Why is it that associating peace with other ideals, like justice, friendship, security, and law, does little to distance peace from war? Although political theory has dealt extensively with most major concepts that today define "the political" it has paid relatively scant critical attention to peace, the very concept that is often said to be the major aim and ideal of humanity. In War for Peace, Murad Idris looks at the ways that peace has been treated across the writings of ten thinkers from ancient and modern political thought, from Plato to Immanuel Kant and Sayyid Qutb, to produce an original and striking account of what peace means and how it works. Idris argues that peace is parasitical in that the addition of other ideals into peace, such as law, security, and friendship, reduces it to consensus and actually facilitates war; it is provincial in that its universalized content reflects particularistic desires and fears, constructions of difference, and hierarchies within humanity; and it is polemical, in that its idealization is not only the product of antagonisms, but also enables hostility. War for Peace uncovers the basis of peace's moralities and the political functions of its idealizations, historically and into the present. This bold and ambitious book confronts readers with the impurity of peace as an ideal, and the pressing need to think beyond universal peace.
