The Grotian Theology Of International Law

Author : Christoph A. Stumpf
Publisher : Walter de Gruyter
Page : 273 pages
File Size : 52,5 Mb
Release : 2012-02-13
Category : Religion
ISBN : 9783110886160

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The Grotian Theology of International Law by Christoph A. Stumpf Pdf

In this book Christoph Stumpf investigates theological influences upon the legal theory of Hugo Grotius (1583-1645), who is regarded by many as the "father of modern international law". The author analyses how Grotius has contributed to the transformation and further development of international law from its roots in Christian theology to a trans-religious law of nations. From the theological substance in Grotius' views on international relations the author concludes that Grotius' legal theory can be perceived as a theological system of international law.

Author : Paulo Emílio Vauthier Borges de Macedo
Publisher : Springer
Page : 309 pages
File Size : 53,9 Mb
Release : 2017-08-28
Category : Law
ISBN : 9783319594033

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Catholic and Reformed Traditions in International Law by Paulo Emílio Vauthier Borges de Macedo Pdf

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.

Author : Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa
Publisher : Oxford University Press
Page : 480 pages
File Size : 42,5 Mb
Release : 2017-08-15
Category : Law
ISBN : 9780192528438

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International Law and Religion by Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa Pdf

This books maps out the territory of international law and religion challenging received traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

Author : Mark W. Janis,Carolyn Evans
Publisher : BRILL
Page : 533 pages
File Size : 49,9 Mb
Release : 2004-02-01
Category : Law
ISBN : 9789047413400

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Religion and International Law by Mark W. Janis,Carolyn Evans Pdf

One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume, now available in paperback, builds on the eleven essays edited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Author : Esther D. Reed
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2013
Category : International law
ISBN : 1472551443

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Theology for International Law by Esther D. Reed Pdf

Author : John Haskell
Publisher : BRILL
Page : 97 pages
File Size : 46,6 Mb
Release : 2018-09-11
Category : Law
ISBN : 9789004382510

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Political Theology and International Law by John Haskell Pdf

In Political Theology and International Law, John D. Haskell offers an account of the intellectual debates surrounding political theology among international law scholars and argues that experts turn to a politics of truth.

Author : Esther D. Reed
Publisher : A&C Black
Page : 368 pages
File Size : 46,6 Mb
Release : 2013-09-12
Category : Religion
ISBN : 9780567001399

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Theology for International Law by Esther D. Reed Pdf

Whilst Christian theology is familiar with questions about the relation of church and state, divine and human law, little attention has been devoted to questions of international law. Esther D. Reed offers a systematic engagement with contemporary issues of international law and its relevance for modern theology. Reed discusses numerous issue driven topics, including: challenges to classic just-war thinking from so-called fourth generation warfare, peoples and nationhood within divine providence, the ethics of territorial borders and the militarization of human intervention. By discussing selected biblical texts Reed helps to move the issues of international law higher up the agenda of Christian theology, ethics and moral reasoning.

Author : Hans Willem Blom
Publisher : History of European Political
Page : 364 pages
File Size : 48,8 Mb
Release : 2022
Category : Philosophy
ISBN : 9004498532

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Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries by Hans Willem Blom Pdf

"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"--

Author : James St. Leger
Publisher : Unknown
Page : 176 pages
File Size : 42,7 Mb
Release : 1962
Category : Canon law
ISBN : STANFORD:36105044425820

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The "etiamsi Daremus" of Hugo Grotius by James St. Leger Pdf

Author : Gustavo Gozzi
Publisher : Cambridge University Press
Page : 409 pages
File Size : 54,9 Mb
Release : 2019-02-14
Category : History
ISBN : 9781108474238

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Rights and Civilizations by Gustavo Gozzi Pdf

Illustrates the origin and ways of Western hegemony over other civilizations across the world.

Author : Jeremy Seth Geddert
Publisher : Taylor & Francis
Page : 240 pages
File Size : 46,7 Mb
Release : 2017-02-24
Category : Political Science
ISBN : 9781315525808

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Hugo Grotius and the Modern Theology of Freedom by Jeremy Seth Geddert Pdf

Human rights are thought to guarantee pluralism by protecting individual liberty from imposed religious conceptions of virtue. Yet critics often argue that this secular focus on merely avoiding violations can also enable unfettered individualism and undermine appeals to the common good. This book uncovers in secular rights pioneer Hugo Grotius a rights theory that points toward the enlargement of individual responsibility. It grounds this connection in Grotius’ unexplored theological corpus, which reveals a dual metaethics and jurisprudence. Here a deontological natural law undergirds a secular theory of rights that is self-aware of its own limitations. A teleological practical reason then guides the exercise of these rights, so as not to compromise the political order that defends them. The book then illustrates this symbiosis of rights and responsibilities in five areas: consent theories of government, rights of rebellion, criminal punishment, war and international responsibility, and Atonement theology. This reassesses Grotius’ legacy as a secularist opponent of classical political thought, and suggests that modern liberalism and universal human rights are compatible with a world of resurgent religion.

Author : Peter Hilpold
Publisher : Springer Nature
Page : 339 pages
File Size : 54,6 Mb
Release : 2020-11-20
Category : Law
ISBN : 9783030520281

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European International Law Traditions by Peter Hilpold Pdf

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Valentina Vadi
Publisher : BRILL
Page : 592 pages
File Size : 42,7 Mb
Release : 2020-05-18
Category : Law
ISBN : 9789004426030

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War and Peace by Valentina Vadi Pdf

This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.

Author : Hedley Bull,Benedict Kingsbury,Adam Roberts
Publisher : Clarendon Press
Page : 346 pages
File Size : 45,5 Mb
Release : 1990-07-26
Category : Law
ISBN : 9780191520310

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Hugo Grotius and International Relations by Hedley Bull,Benedict Kingsbury,Adam Roberts Pdf

While the works of Hugo Grotius (1583-1645) have long been held in high esteem by international lawyers, this book addresses the broader, and neglected, theme of his contribution to the theoretical and practical aspects of international relations. It critically reappraises Grotius' thought, examining it in relation to his predecessors and in the context of the wars and controversies of his time, and assesses the strengths and weaknesses of the `Grotian' tradition of thought - one which accepts the sovereignty of states but at the same time stresses the existence of shared values and the necessity of rules.

Author : Pamela Slotte,John D. Haskell
Publisher : Cambridge University Press
Page : 535 pages
File Size : 45,7 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781108474559

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Christianity and International Law by Pamela Slotte,John D. Haskell Pdf

This volume offers a many-sided introduction to the theme of Christianity and international law. Using a historical and contemporary perspective, it will appeal to readers interested in key topics of international law and how they intersect with Christianity.