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The Medieval Foundations of International Law
Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400). A student of Bartolus de Sassoferrato, Baldus wrote both extensive commentaries on Roman, canon and feudal law and thousands of consilia originating from particular cases. His writings dealt with numerous issues related to sovereignty, territorial jurisdiction, diplomacy and war, combining a rich conspectus of earlier scholarship with highly creative ideas that exercised a profound influence on later juristic thought. The detailed picture of the international law doctrines elaborated by a ...
History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)
The thought and work of the Jesuit Francisco Suárez (1548-1617) is widely acknowledged as the culmination point of the contribution of the theologians and jurists of the so-called School of Salamanca to the development of modern Western law. This collection of studies on the legal work of Suárez explores some of his major forays into the law. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to discussions on the nature of law and its different categorisations, they extend to various subbranches of the law including family law, property law, the law of obligations, criminal law and international law. Contributors are: Dominique Bauer, Daniel Schwartz, João Manuel Azevedo Alexandrino Fernandes, Lisa Brunori, Wim Decock, Bart Wauters, Gaëlle Demelemestre, Jean-Paul Coujou, and Cintia Faraco.
The Invention of Custom
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.
European Legal History
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
The Imagery of Interior Spaces
On the unstable boundaries between "interior" and "exterior," "private" and "public," and always in some way relating to a "beyond," the imagery of interior space in literature reveals itself as an often disruptive code of subjectivity and of modernity. The wide variety of interior spaces elicited in literature -- from the odd room over the womb, secluded parks, and train compartments, to the city as a world under a cloth -- reveal a common defining feature: these interiors can all be analyzed as codes of a paradoxical, both assertive and fragile, subjectivity in its own unique time and history. They function as subtexts that define subjectivity, time, and history as profoundly ambiguous rea...
Peace Treaties and International Law in European History
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
Law from Below
A constructive model of engagement with unjust laws from the ground up The current political atmosphere would suggest that law is imposed only from above, specifically by the chief executive acting upon some sort of perceived populist mandate. In Law from Below, Elisabeth Rain Kincaid argues that the theology of the early modern legal theorist and theologian, Francisco Suárez, SJ may be successfully retrieved to provide a constructive model of legal engagement for Christians today. Suárez’s theology was developed to combat an authoritarian view of law, suggesting that communities may work to change law from the ground up as they function within the legal system, not just outside it. Law ...
Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries
Often considered a secularizing force in the rise of the nation state, natural law was also invoked in defence of confessional states. The fourteen chapters in this volume show how religious and secularizing approaches to natural and biblical law interacted and combined as early modern states navigated the fallout from the Reformation. From this new perspective, the volume revisits questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of the common good, liberalism’s value pluralism (and its pretence), toleration and the lingering humanist project of determining “who are we” – issues that were as important then as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck.
Medieval Legal and Political Thought
Medieval legal and political thought encompasses the period from approximately 500 CE to 1500 CE. The term “Medieval” refers to the legal and political thought from the time of the late Roman Empire to that of the Renaissance. The legal and political thought of the Middle Ages is overwhelmingly characterized by the increasing role that religion played in influencing politics and law. By the high Middle Ages, we find the great theorists, Averroes, Maimonides, and Aquinas linking law to their respective religions of Islam, Judaism, and Christianity. This book argues that the so-called Dark Ages had very significant ideas about the law, especially how violence is to be contained, which make...
So What's New About Scholasticism?
In So What’s New about Scholasticism? thirteen international scholars gauge the extraordinary impact of a religiously inspired conceptual framework in a modern society. The essays that are brought together in this volume reveal that Neo-Thomism became part of contingent social contexts and varying intellectual domains. Rather than an ecclesiastic project of like-minded believers, Neo-Thomism was put into place as a source of inspiration for various concepts of modernization and progress. This volume reconstructs how Neo-Thomism sought to resolve disparities, annul contradictions and reconcile incongruent, new developments. It asks the question why Neo-Thomist ideas and arguments were put i...
