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Morality and Responsibility of Rulers
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.
From Just War to Modern Peace Ethics
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...
Concepts of Nature
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.
The Ways of Judgement
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...
Extracting Accountability from Non-State Actors in International Law
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. Th...
The Invention of Custom
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral value...
Cur homo? A history of the thesis concerning man as a replacement for fallen angels
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...
The Ultimate Why Question
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?
Hugo Grotius and the Modern Theology of Freedom
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...
Routledge Handbook of International Law
This Handbook provides a definitive global survey of the interaction of international politics and international law.
