Studies in the History of Law and Justice

Catholic and Reformed Traditions in International Law

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

Authors: Vauthier Borges de Macedo, Paulo Emílio

  • 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
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  • ISBN 978-3-319-59403-3
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Hardcover $159.00
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valid through November 5, 2017
  • ISBN 978-3-319-59402-6
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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 modified the 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.

About the authors

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).

Table of contents (7 chapters)

  • Introduction

    Vauthier Borges de Macedo, Paulo Emílio

    Pages 1-11

  • The Law of Nations: Between Natural and Positive Law

    Vauthier Borges de Macedo, Paulo Emílio

    Pages 13-63

  • The Foundations of Law in Francisco Suárez

    Vauthier Borges de Macedo, Paulo Emílio

    Pages 65-118

  • The Foundations of Law in Hugo Grotius

    Vauthier Borges de Macedo, Paulo Emílio

    Pages 119-182

  • The Law of Nations in Francisco Suárez

    Vauthier Borges de Macedo, Paulo Emílio

    Pages 183-243

Buy this book

eBook $119.00
price for USA (gross)
  • ISBN 978-3-319-59403-3
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
valid through November 5, 2017
  • ISBN 978-3-319-59402-6
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Catholic and Reformed Traditions in International Law
Book Subtitle
A Comparison Between the Suarezian and the Grotian Concept of Ius Gentium
Authors
Series Title
Studies in the History of Law and Justice
Series Volume
9
Copyright
2017
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing AG
eBook ISBN
978-3-319-59403-3
DOI
10.1007/978-3-319-59403-3
Hardcover ISBN
978-3-319-59402-6
Series ISSN
2198-9842
Edition Number
1
Number of Pages
X, 309
Topics