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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.
Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.
This book rewrites the history of Christian peace ethics. Christian reflection on reducing violence or overcoming war has roots in ancient Roman philosophy and eventually grew to influence modern international law. This historical overview begins with Cicero, the source of Christian authors like Augustine and Thomas Aquinas. It is highly debatable whether Augustine had a systematic interest in just war or whether his writings were used to develop a systematic just war teaching only by the later tradition. May Christians justifiably use force to overcome disorder and achieve peace? The book traces the classical debate from Thomas Aquinas to early modern-age thinkers like Vitoria, Suarez, Mart...
This monograph has set itself the goal to examine, outline, elucidate, and supplement the existing body of knowledge concerning a theme from patristic and medieval theology recalled in 1953 by Marie-Dominique Chenu, and that is the assertion that man was created as a replacement for fallen angels (Yves Congar: créature de remplacement; Louis Bouyer: ange de remplacement). The study first shows that the idea of man having being created to take the place of fallen angels was introduced by St. Augustine and developed by other church fathers. It then identifies the typical contexts in which the subject was raised by authors of the early Middle Ages, but goes on to focus on the discussion that d...
In this probing book Oliver O'Donovan extends the exploration into the correspondence between theology and politics that he began in The Desire of the Nations. While that earlier work took as its starting point the biblical proclamation of God's authority, The Ways of Judgment approaches political theology from the political side. Responsive to developments such as the uncertain role of the United Nations after the Cold War and the expansion of the European Union, O'Donovan also draws on the extensive tradition of Christian political thought and a range of contemporary theologians. Rather than supposing, as does some political theology, that the right political orientations are well understo...
If natural law arguments struggle to gain traction in contemporary moral and political discourse, could it be because we moderns do not share the understanding of nature on which that language was developed? Building on the work of important thinkers of the last half-century, including Leo Strauss, Eric Voegelin, John Finnis, and Bernard Lonergan, the essays in Concepts of Nature compare and contrast classical, medieval, and modern conceptions of nature in order to better understand how and why the concept of nature no longer seems to provide a limit or standard for human action. These essays also evaluate whether a rearticulation of pre-modern ideas (or perhaps a reconciliation or reconstitution on modern terms) is desirable and/or possible. Edited by R. J. Snell and Steven F. McGuire, this book will be of interest to intellectual historians, political theorists, theologians, and philosophers.
This groundbreaking book challenges standard interpretations of metropolitan strategies of rule in the early nineteenth century. By the 1830s the conviction that personal connections were the best way of exerting influence within the imperial sphere went well beyond the metropolitan government, as lobbyists, settlers and missionaries also developed personal connections to advance their causes.
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...
This volume gathers studies by prominent scholars and philosophers about the question how have major figures from the history of philosophy, and some contemporary philosophers, addressed "the ultimate why question": why is there anything at all rather than nothing whatsoever?
This books tells the neglected story of the relationship between custom and the European natural law and ius gentium tradition. It explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so.