Three Moments in the History of the Ius Gentium (1500-1700): An Essay on the Evolution of the Right of Peoples

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Three Moments in the History of the Ius Gentium (1500-1700): An Essay on the Evolution of the Right of Peoples

By J. A. Fernandez-Santamaria
Brill Nijhoff January 2022

Specifications

ISBN-13
9789004506206
Publisher
Brill Nijhoff
Publication
January 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

At the foundation of international law lies the notion of ius gentium or right of peoples, an idea that fully came into its own with the discovery of America and the effort to resolve the moral issues posed by the Spanish presence. Once Vitoria broadened the Augustinian concept of an international community by proposing the use of reason as the only criterion for membership in that community, it remained to formulate the laws needed to impose order on it. But before accomplishing that task, two questions must be accounted for: what is the nature of the ius gentium, and what is its relation to ius naturale? How theologians, philosophers, jurists sought the answers between 1500 and 1700 is the subject of this essay.

Table of Contents

Acknowledgements
Introduction
The Background: The Fathers
Part 1 The Theologians’ Moment
Chapter 1 The American Question
Chapter 2 Soto: Subjective Natural Right
Part 2 The Philosophers’ Moment
Chapter 3 The Philosophy of Order: Suárez
Chapter 4 The Making of a Ius Belli: Grotius
Part 3 The Jurists’ Moment
Chapter 5 The Early Jurists
Chapter 6 The Making of an International Authority: Rachel
Chapter 7 Natural Right, Reign without Rule: Textor
The Philosophy of Chaos: Hobbes
Bibliography
Index of Persons
Index of Subjects
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