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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...
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).
History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)
This volume collects studies into the legal thought of Francisco Suárez. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to questions of legal theory, the chapters cover various branches of the law including private law, criminal law and international law.
Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries
A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.
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...
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 ...
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.
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.
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...
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...
