The Law of Nations Treated According to the Scientific Method


Book Description

Christian Wolff's natural law theory was founded on his rationalist philosophy and metaphysics, which were strongly influenced by the philosophy of Gottfried Wilhelm Leibniz. Like Leibniz, Wolff was convinced that justice and morality were based on universally valid principles of reason and that these principles were accessible to human understanding without the aid of religious revelation. Wolff did not therefore follow the voluntarist tradition of natural law, which was characteristic of Germany's two other famous natural jurists of the early Enlightenment--Samuel Pufendorf and Christian Thomasius. The laws of nature, Wolff argued, were not just because God had willed them; rather, God had willed them because they were just. According to Wolff, this natural law was the foundation of the law of nations. Wolff's work considered central issues such as the duties of nations toward themselves and other nations, the laws of war and peace, and the laws governing the treatment of diplomatic representatives. With the Liberty Fund edition, Wolff's work, heretofore relatively unknown to the English-speaking world, will again become available to scholars and students alike.




International justice and interpretation


Book Description

The 2001 issue of the Yearbook deals with the problem of international justice. What is the meaning of "justice" in the age of globalisation? In which sense can the "right" provide for criteria that make it possible to afford conflicts in international relations? Which new interpretative standards do turn out to be introduced within domestic law by international dimension? This issue of Ars interpretandi tries to answer these questions as well as other ones, according to an interdisciplinary view, which examine their implications in law, ethics, politics, economics and religion.




International Relations in Political Thought


Book Description

This unique collection presents texts in international relations from Ancient Greece to the First World War. Major writers such as Thucydides, Augustine, Aquinas, Machiavelli, Grotius, Kant and John Stuart Mill are represented by extracts of their key works; less well-known international theorists including John of Paris, Cornelius van Bynkershoek and Friedrich List are also included. Fifty writers are anthologised in what is the largest such collection currently available. The texts, most of which are substantial extracts, are organised into broadly chronological sections, each of which is headed by an introduction that places the work in its historical and philosophical context. Ideal for both students and scholars, the volume also includes biographies and guides to further reading.




The Law of Nations


Book Description




The Law of Nations and Natural Law 1625–1800


Book Description

The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.




The World We Want


Book Description

The World We Want compares the future world that Enlightenment intellectuals had hoped for with our own world at present. In what respects do the two worlds differ, and why are they so different? To what extent is and isn't our world the world they wanted, and to what extent do we today still want their world? Unlike previous philosophical critiques and defenses of the Enlightenment, the present study focuses extensively on the relevant historical and empirical record first, by examining carefully what kind of future Enlightenment intellectuals actually hoped for; second, by tracking the different legacies of their central ideals over the past two centuries. But in addition to documenting the significant gap that still exists between Enlightenment ideals and current realities, the author also attempts to show why the ideals of the Enlightenment still elude us. What does our own experience tell us about the appropriateness of these ideals? Which Enlightenment ideals do not fit with human nature? Why is meaningful support for these ideals, particularly within the US, so weak at present? Which of the means that Enlightenment intellectuals advocated for realizing their ideals are inefficacious? Which of their ideals have devolved into distorted versions of themselves when attempts have been made to realize them? How and why, after more than two centuries, have we still failed to realize the most significant Enlightenment ideals? In short, what is dead and what is living in these ideals?




Natural Law and the Law of Nations in Eighteenth- and Nineteenth-Century Italy


Book Description

The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.




Just Intervention


Book Description

What obligations do nations have to protect citizens of other nations? As responsibility to our fellow human beings and to the stability of civilization over many years has ripened fully into a concept of a "just war," it follows naturally that the time has come to fill in the outlines of the realities and boundaries of what constitutes "just" humanitarian intervention. Even before the world changed radically on September 11, policymakers, scholars, and activists were engaging in debates on this nettlesome issue—following that date, sovereignty, human rights, and intervention took on fine new distinctions, and questions arose: Should sovereignty prevent outside agents from interfering in the affairs of a state? What moral weight should we give to sovereignty and national borders? Do humanitarian "emergencies" justify the use of military force? Can the military be used for actions other than waging war? Can "national interest" justify intervention? Should we kill in order to save? These are profound and troubling questions, and questions that the distinguished contributors of Just Intervention probe in all their complicated dimensions. Sohail Hashmi analyzes how Islamic tradition and Islamic states understand humanitarian intervention; Thomas Weiss strongly advocates the use of military force for humanitarian purposes in Yugoslavia; Martin Cook, Richard Caplan, and Julie Mertus query the use of force in Kosovo; Michael Barnett, drawing on his experience in the United Nations while it debated how best to respond to Rwandan genocide, discusses how international organizations may become hamstrung in the ability to use force due to bureaucratic inertia; and Anthony Lang ably envelopes these—and other complex issues—with a deft hand and contextual insight. Highlighting some of the most significant issues in regard to humanitarian intervention, Just Intervention braves the treacherous moral landscape that now faces an increasingly unstable world. These contributions will help us make our way.




Liberty, Slavery and the Law in Early Modern Western Europe


Book Description

This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.




Climate Justice


Book Description

In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiatedconsensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future,she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolatedfrom the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding anddesertification), which represent an urgent and potentially irreversible threat to human societies and the planet, requires a new and cohesive way of thinking aboutglobal policy and the law. The mission of guaranteeing and realising human dignity, human security and human rights is multi-fold. Looking through the lens of kaleidoscopic normativity, anextensible language anchored in common juridical elements should facilitate how norms enter the socio-legal frame and interact within it. Users need to be able todisplay and interpret the congruent legal norm in order to obey and apply it. Galvanising this process by constitutionalising first principles and consequential normsis vital for attaining fraternity between nations and among all people. divClimate Justice – A Voice for the Future is an essential read for scholars, practitioners and all those genuinely interested in reaching consensus on a post-2015 global climate accord, a unified development agenda and a cohesive pact for disaster-risk reduction.