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Catholic and Reformed Traditions in International Law

A Comparison Between the Suarezian and the Grotian Concept of Ius Gentium

  • Includes a groundbreaking comparison between the Catholic and Protestant traditions in International Law
  • Provides an insightful analysis on the origins of International Law
  • Analyzes in detail the influence of Scholasticism on Hugo Grotius
  • Includes supplementary material: sn.pub/extras

Part of the book series: Studies in the History of Law and Justice (SHLJ, volume 9)

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-x
  2. Introduction

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 1-11
  3. The Law of Nations: Between Natural and Positive Law

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 13-63
  4. The Foundations of Law in Francisco Suárez

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 65-118
  5. The Foundations of Law in Hugo Grotius

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 119-182
  6. The Law of Nations in Francisco Suárez

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 183-243
  7. The Law of Nations in Hugo Grotius

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 245-303
  8. Conclusion

    • Paulo Emílio Vauthier Borges de Macedo
    Pages 305-309

About this book

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili.

In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests.

This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modifiedthe foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn’t original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez’s oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.

Authors and Affiliations

  • Universidade do Estado do Rio de Janeiro, Leme, Brazil

    Paulo Emílio Vauthier Borges de Macedo

About the author

Paulo Emílio Vauthier Borges de Macedo is an associate professor of International Law at the University of Rio de Janeiro (UERJ), Vice-Coordinator of the Master and Doctorate Programme; Visiting Professor of Andrzej Frycz Modrzewski Krakow University; Visiting Researcher at Murdoch University; Legal Adviser at the Brazilian Navy War School (EGN); Editor-in-chief of the Rio de Janeiro University Law School Journal; President of the Brazilian section of Communio Journal (Catholic International Journal of Theology and Culture).

Bibliographic Information

Buy it now

Buying options

eBook USD 89.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 119.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access