Catholic and Reformed Traditions in International Law: A Comparison Between the Suarezian and the Grotian Concept of Ius Gentium

Catholic and Reformed Traditions in International Law: A Comparison Between the Suarezian and the Grotian Concept of Ius Gentium

by Paulo Emílio Vauthier Borges de Macedo

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Overview

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.

Product Details

ISBN-13: 9783319866178
Publisher: Springer International Publishing
Publication date: 05/11/2018
Series: Studies in the History of Law and Justice , #9
Edition description: Softcover reprint of the original 1st ed. 2017
Pages: 309
Product dimensions: 6.10(w) x 9.25(h) x (d)

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).

Table of Contents

Introduction.- The Law Of Nations: Between The Natural Law And The Positive Law.- The Basis Of Law For Francisco Suárez.- The Basis Of Law For Hugo Grotius.- The Law Of The People In Suárez.- The Law Of Nations In Hugo Grotius.- Conclusion.

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