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The Medieval Foundations Of International Law
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Book Synopsis The Medieval Foundations of International Law by : Dante Fedele
Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by BRILL. This book was released on 2021-04-26 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).
Book Synopsis Economic Foundations of International Law by : Eric A. Posner
Download or read book Economic Foundations of International Law written by Eric A. Posner and published by Harvard University Press. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
Book Synopsis Medieval Foundations of International Relations by : William Bain
Download or read book Medieval Foundations of International Relations written by William Bain and published by Routledge. This book was released on 2016-07-15 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there ‘medieval’ answers to ‘modern’ questions? is the modern world still working its way through the Middle Ages? to what extent is the ‘modern outlook’ genuinely secular? is there a ‘theology’ of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory. .
Book Synopsis The Medieval Foundations of International Law by : Dante Fedele
Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by Legal History Library. This book was released on 2021 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Universal authorities and territorial l polities -- The Pope's sovereignty and the relationship between the Emperor and the Pope -- Kingdoms -- Signorie and Vicariates -- Cities that recognise no superior -- Feudo-Vassalic relations and territorial jurisdiction -- Diplomacy -- War and reprisals -- Conclusion.
Book Synopsis Medieval Law and the Foundations of the State by : Alan Harding
Download or read book Medieval Law and the Foundations of the State written by Alan Harding and published by Oxford University Press on Demand. This book was released on 2002 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force.
Book Synopsis Law | Book | Culture in the Middle Ages by :
Download or read book Law | Book | Culture in the Middle Ages written by and published by BRILL. This book was released on 2021-02-01 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.
Book Synopsis International law in Europe, 700–1200 by : Jenny Benham
Download or read book International law in Europe, 700–1200 written by Jenny Benham and published by Manchester University Press. This book was released on 2022-02-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.
Book Synopsis Justice among Nations by : Stephen C. Neff
Download or read book Justice among Nations written by Stephen C. Neff and published by Harvard University Press. This book was released on 2014-02-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Book Synopsis The Epochs of International Law by : Wilhelm G. Grewe
Download or read book The Epochs of International Law written by Wilhelm G. Grewe and published by Walter de Gruyter. This book was released on 2013-02-06 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.
Book Synopsis Justice, Legitimacy, and Self-Determination by : Allen Buchanan
Download or read book Justice, Legitimacy, and Self-Determination written by Allen Buchanan and published by OUP Oxford. This book was released on 2003-08-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Book Synopsis Historical and Theological Foundations of Law by : John Eidsmoe
Download or read book Historical and Theological Foundations of Law written by John Eidsmoe and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the Law? Where does it get its authority? With unparalleled scope and minute detail, Historical &Theological Foundations of Law studies the earliest origins of Law in the legal systems of ancient societies all across the earth, explores their common threads and differences, traces their development through history, and notes common trends that should cause hope or alarm today. Volume I: Ancient Wisdom. Book I, The Foundation begins by exploring the laws of ancient civilizations: Egyptian stability, Babylonian precision, Persian enlightenment, Indian philosophy, Chinese Taoism/Buddhism/Confucianism, Polynesian kapu, Incan absolutism and efficiency, Mayan oligarchy, Aztec judicial independence, Cheyenne volunteerism, and the Iroquois Confederacy's sage balancing of power. How did these systems arise? What are the trends? Polytheism to monotheism, or monotheism to polytheism? Decentralization or centralization of power? Fewer laws or more laws? Gentleness or brutality? Book II, The Cornerstone, focuses on a unique people who many believe have influenced the world more than any other. In a canon of 39 books, the Hebrews established the Tanakh (Old Testament). How did the Hebrew constitution function, and upon what precepts was it based? Are the Ten Commandments truly the foundation of Western Law? Why is their influence so often overlooked today? Volume II: Classical and Medieval. Book III, The Structure, turns to Greece and Rome. Hailed as the birthplace of democracy, the Athenian system was unstable, inefficient, and short-lived. Nevertheless, Plato laid a philosophical basis for natural law, and Aristotle provided a foundation for justice. Rome had a genius for law and organization, but the constitutional constraints of the Republic gradually gave way to the Empire. However, the followers of Christ, once a persecuted minority, came to rule the Empire and put a Christian stamp on Roman law. Out of Roman law the rise of the Canon law of the Church occurs. The Sharia law of Islam is also surveyed. Book IV, The Centerpiece, begins with the Dark Ages--the darkness of the womb, out of which was born the Common Law. From the Celtic mists, with the Druids and their Brehon lawyers, St. Patrick and the Senchus Mor, the Anglo-Saxons in the forests of Germany with their witans and juries which they brought to Britain, Alfred the Great who began his Book of Dooms with the Ten Commandments, to the Norman Conquest and the warfare between the centralizing Norman kings and their opponents, the precepts and institutions of the Common Law took form. What is the Common Law? If it is so common, why is it so seldom defined? How does it relate to Canon law or civil law? And is it Christian, Roman, or a fusion of both? Volume III: Reformation and Colonial. Book V, The Pinnacle, examines the Lutheran and Calvinist Reformations, whereby the doctrines of justification by grace through faith and the priesthood of all believers led to republican concepts of government by consent of the governed, social contract, God-given rights, and justified resistance against tyranny. Constitutional jurists such as Selden, Milton, Coke, Althusius, Grotius, Locke, Montesquieu, and Blackstone fused Biblical theology with the Common Law. To take root and grow, the Common Law needed fresh soil. In Book VI, The Beacon, the Anglicans establish the Common Law in Jamestown and the Southern Colonies, Puritans in the New England Colonies, Presbyterians, Quakers, Catholics, and others in the Middle Colonies. In 1776 they took the ultimate republican step of declaring independence. When, in 1787, 55 delegates gathered in Independence Hall to draft a Constitution, they did not write on a blank slate. Rather, they were prepared with thousands of years of "echoes of Eden," Holy Writ, and the Common Law. The event, Washington said, was "in the hands of God." This book provides information and answers, but just as important are the questions it raises about the nature, purpose, and source of law. Jurists have articulated it, philosophers have theorized about it, theologians have explored the moral principles that underlie it. Statesmen have enacted it, judges have interpreted it, sheriffs have enforced it, soldiers have defended it, kings have implemented it. And then, after the fact, people have written about it, to try to explain what it is, and what it should be. This is a journey worth taking, for its insight into mankind's legal heritage. The truths contained in these volumes will reverberate to future generations who may well need reminding, even as needed today, of the foundations as well as the Founder of the unique American system of Law.
Book Synopsis The Laws of Late Medieval Italy (1000-1500) by : Mario Ascheri
Download or read book The Laws of Late Medieval Italy (1000-1500) written by Mario Ascheri and published by BRILL. This book was released on 2013-07-11 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Book Synopsis Theorizing Legal Personhood in Late Medieval England by :
Download or read book Theorizing Legal Personhood in Late Medieval England written by and published by BRILL. This book was released on 2015-06-24 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theorizing Legal Personhood in Late Medieval England offers an account of the fluidity and artificiality of legal personhood before the individualistic turn in law vis-à-vis juristictional pluralism.
Book Synopsis Medieval Foundations of International Relations by : William Bain
Download or read book Medieval Foundations of International Relations written by William Bain and published by Routledge. This book was released on 2016-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there ‘medieval’ answers to ‘modern’ questions? is the modern world still working its way through the Middle Ages? to what extent is the ‘modern outlook’ genuinely secular? is there a ‘theology’ of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory. .
Book Synopsis The Philosophy of International Law by : Samantha Besson
Download or read book The Philosophy of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2010-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Book Synopsis The Making of International Law by : Alan Boyle
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Book Synopsis The Oxford Handbook of International Human Rights Law by : Dinah Shelton
Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by OUP Oxford. This book was released on 2013-10-24 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
