Authors:
- 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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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
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Universidade do Estado do Rio de Janeiro, Leme, Brazil
Paulo Emílio Vauthier Borges de Macedo
About the author
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: Paulo Emílio Vauthier Borges de Macedo
Series Title: Studies in the History of Law and Justice
DOI: https://doi.org/10.1007/978-3-319-59403-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-59402-6Published: 06 September 2017
Softcover ISBN: 978-3-319-86617-8Published: 12 May 2018
eBook ISBN: 978-3-319-59403-3Published: 28 August 2017
Series ISSN: 2198-9842
Series E-ISSN: 2198-9850
Edition Number: 1
Number of Pages: X, 309
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Public International Law