| Description |
1 online resource |
| Series |
The history and theory of international law |
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History and theory of international law.
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| Contents |
Cover; Series; System, Order, and International Law The Early History of International Legal Thought from Machiavelli to Hegel; Copyright; Dedication; Contents; Introduction; I. On the Topicality of the Past; II. The History of International Legal Thought; III. System and Order; IV. From Machiavelli to Hegel; V. The Plan of the Book; I. Authors; 1. Niccolò Machiavelli's International Legal Thought: Culture, Contingency, and Construction; I. Niccolò Machiavelli; II. The Political Condition; III. Techniques of Government; IV. Concept of Law; V. Morality and Normativity; VI. Imperialism |
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VII. International LawVIII. Perspectives-Is Machiavelli a Part of the History of International Legal Thought?; 2. Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times; I. Introduction: The 'School of Salamanca' and Francisco de Vitoria; II. Moral Theology and Jurisprudence; III. Cycles of Reception; IV. Dominium and Law as Integral Parts of the Global Order; V. Conclusion; 3. Francisco Suárez S.J. on the End of Peaceful Order among States and Systematic Doctrinal Scholarship; I. Introduction |
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II. Biographical, Intellectual, and Historical BackgroundIII. Theory; IV. The Reception of Suárez' Aristotelian-Thomist Theory; V. Conclusion; 4. Jean Bodin on International Law; I. The Problem of Sovereignty, or: Is Jean Bodin a Classic Author in International Law?; II. Relationships among Commonwealths in the Six Livres de la République; III. A Method for a Missing Public Law of Nations; IV. Conclusions for the Doctrine of Sovereignty; 5. Alberico Gentili: Sovereignty, Natural Law, and the System of Roman Civil Law; I. Introduction; II. Biographical Sketch |
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III. System and Order: Gentili's Synthesis of Sovereignty and Legal IntegrationIV. Reception; V. The Present Role of Gentili's Non-Public Global Law, its Advantages and Drawbacks; 6. Althusius: Back to the Future; I. Early-Modern Context: Territorial Absolutism and Political Calvinism; II. Conceptual Foundations: Federal Theology and the Question of Sovereignty; III. A Theory of Federalism: Council Governance, Subsidiarity, and Consent; IV. Reception: Refuted, Condemned, Forgotten, Misread; V. Relevance in Ascendance?; 7. Hugo Grotius: On the Conquest of Utopia by Systematic Reasoning |
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I. IntroductionII. Texts, Intentions, Method; III. Grotius and Ensuing Natural Law Philosophy; IV. The 'Grotian Tradition'; V. Conclusion: System and Order in Grotius; 8. Orders in Disorder: The Question of an International State of Nature in Hobbes and Rousseau; I. The Question of an International Disorder in Hobbes and Rousseau; II. The Beginning of Disorder; III. The Social Contract as Foundation of an International State of Nature; IV. The International State of Nature as a Condition of War; V. Rousseau and the Question of Perpetual Peace; VI. Can International Law Be Possible? |
| Summary |
Since the formation of nation-states lawyers, philosophers, and theologians have sought to envisage the ideal political order. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume maps models of early international legal thought from Machiavelli to Hegel before international law became an academic discipline. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas that have remained at the forefront of debate, such as the relationship between law and theology, the role of the individual versus that of the state, and the influence of power and economic interests on the law. In the current political climate, where it is common to state that the importance of the nation-state is vanishing, the problems at issue in the classic theories do not seem so remote: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show how uncovering the history of international law can offer ways in which to envisage its future |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
International law -- Philosophy -- History
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Political science -- Philosophy -- History
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LAW -- International.
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International law -- Philosophy
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Political science -- Philosophy
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History of international law.
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Philosophy of law.
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International law.
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Law.
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| Genre/Form |
History
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| Form |
Electronic book
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| Author |
Kadelbach, Stefan, 1959- editor.
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Kleinlein, Thomas, editor.
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Roth-Isigkeit, David, editor.
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| ISBN |
0191081051 |
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9780191081057 |
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9780191821974 |
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0191821977 |
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9780198768586 |
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0198768583 |
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