Book Description
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Author : Benjamin Straumann
Publisher : Cambridge University Press
Page : 287 pages
File Size : 47,37 MB
Release : 2015-02-12
Category : History
ISBN : 1107092906
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Author : Benjamin Straumann
Publisher : Cambridge University Press
Page : 287 pages
File Size : 42,92 MB
Release : 2015-02-12
Category : Political Science
ISBN : 1316241076
Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe.
Author : Anonymous
Publisher : Good Press
Page : 48 pages
File Size : 35,3 MB
Release : 2019-12-05
Category : Law
ISBN :
This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.
Author : Bart Wauters
Publisher : Edward Elgar Publishing
Page : 293 pages
File Size : 47,56 MB
Release : 2017-04-28
Category : History
ISBN : 1786430762
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Author : Perez Zagorin
Publisher : Princeton University Press
Page : 191 pages
File Size : 35,13 MB
Release : 2009-12-06
Category : History
ISBN : 0691139806
Zagorin clears up numerous misconceptions about Hobbes and his relation to earlier natural law thinkers, in particular Hugo Grotius, and he reasserts the often overlooked role of the Hobbesian law of nature as a moral standard from which even sovereign power is not immune. Because Hobbes is commonly thought to be primarily a theorist of sovereignty, political absolutism, and unitary state power, the significance of his moral philosophy is often underestimated and widely assumed to depend entirely on individual self-interest. Zagorin reveals Hobbes's originality as a moral philosopher and his importance as a thinker who subverted and transformed the idea of natural law."--Pub. desc.
Author : Alan Watson
Publisher : University of Georgia Press
Page : 266 pages
File Size : 12,38 MB
Release : 2008
Category : Law
ISBN : 0820330612
This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Author : Emer de Vattel
Publisher :
Page : 668 pages
File Size : 36,83 MB
Release : 1856
Category : International law
ISBN :
Author : Hans Willem Blom
Publisher : History of European Political
Page : 364 pages
File Size : 48,82 MB
Release : 2022
Category : Philosophy
ISBN : 9789004498532
"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important 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"--
Author : Benedict Kingsbury
Publisher : Oxford University Press on Demand
Page : 397 pages
File Size : 32,56 MB
Release : 2010-12-09
Category : History
ISBN : 0199599874
This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.
Author : John Witte (Jr.)
Publisher : Columbia University Press
Page : 540 pages
File Size : 29,76 MB
Release : 2007
Category : Reference
ISBN : 9780231142618
This Landmark three volume series examines how modern Catholic, Protestant & Orthodox thinkers have responded to the most pressing political, legal & ethical questions of our time.