书目名称 | Catholic and Reformed Traditions in International Law |
副标题 | A Comparison Between |
编辑 | Paulo Emílio Vauthier Borges de Macedo |
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概述 | Includes a groundbreaking comparison between the Catholic and Protestant traditions in International Law.Provides an insightful analysis on the origins of International Law.Analyzes in detail the infl |
丛书名称 | Studies in the History of Law and Justice |
图书封面 |  |
描述 | .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 modifiedthe 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. N |
出版日期 | Book 2017 |
关键词 | Ius Gentium; Hugo Grotius; Francisco Suárez; History of International Law; Natural Law; Scholasticism; Cat |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-59403-3 |
isbn_softcover | 978-3-319-86617-8 |
isbn_ebook | 978-3-319-59403-3Series ISSN 2198-9842 Series E-ISSN 2198-9850 |
issn_series | 2198-9842 |
copyright | Springer International Publishing AG 2017 |