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The Concept of Law (lex) in the Moral and Political Thought of the ‘School of Salamanca’
Scholarship on the moral and political philosophy of the ‘School of Salamanca’ has either long been emphasizing the discontinuity between medieval and modern philosophy and the way this discontinuity is represented in the works of these authors or discussing issues of moral justification that are often seen as the heart of early modern practical philosophy. This volume offers a fresh perspective by focusing on the concept of law. This allows for an in-depth analysis of a variety of normative issues in the authors’ moral and political thought. It also suggest a more continuous picture of the transition from medieval to modern philosophy and proposes a more nuanced view of the importance of political concepts in the authors’s practical philosophy.
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
"This book describes a political theology which provides a mode of engagement with unjust laws. It argues that the theology of Francisco Suárez, SJ, an early modern legal theorist and theologian, which was developed to combat an authoritarian view of law, may be successfully retrieved to provide a constructive model of legal engagement for Christians today, including the possibility that communities may work to change law from the ground up as they function within the legal system, not just outside it. His theory of law thus provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. He acknowledges the crucial contribution of citizens to improving law's moral content, without removing the importance of law's own authority or the role of the lawgiver"--
Intellectual Property and the Law of Nations, 1860-1920
This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.
A Companion to the Spanish Scholastics
A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.
The Plurality Trilemma
This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.
Justice and Peace
Gerechtigkeit und Frieden sind zentrale Werte menschlichen Zusammenlebens, aber auch Kernbegriffe unterschiedlicher wissenschaftlicher Disziplinen. Wie beide Begriffe zueinander stehen - ob man die Komplementarität oder das Spannungsverhältnis betonen soll, ob man der Gerechtigkeit oder dem Frieden Vorrang einräumen soll - ist dabei höchst umstritten. Der Band vereint Beiträge international ausgewiesener Autoren aus Politischer Theorie, Philosophie, Politikwissenschaft, Geschichte, Ethnologie und Völkerrecht, die das schwierige Verhältnis von Gerechtigkeit und Frieden ausloten.
System, Order, and International Law
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. 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 engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in orde...
Natural and Political Conceptions of Community
In Natural and Political Conceptions of Community, Christoph Haar examines the role of the household community in Jesuit political thought. Introducing a fresh perspective on the early modern Jesuit academic discourse, the book explores how leading Jesuit thinkers drew on their theologically inspired conceptions of the family community to determine the usefulness as well as the limitations of the political realm. Natural and Political Conceptions of Community is about the place of the household in Scholastic theoretical works. The book demonstrates that Jesuits considered the human being as a household being when they determined the origin and purpose of the political community, producing a notion of politics that integrated their account of human nature with the sphere of law, rights, and virtues.
