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System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel

System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198768586
  • 出版时间 April 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    Since the formation of nation-states lawyers, philosophers, and theologians have sought to envisage the ideal political order.

    Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume maps models of early international legal thought from Machiavelli to Hegel before international law became an academic discipline.

    The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse.

    Part I covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas that have remained at the forefront of debate, such as the relationship between law and theology, the role of the individual versus that of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities.

    In the current political climate, where it is common to state that the importance of the nation-state is vanishing, the problems at issue in the classic theories do not seem so remote: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show how uncovering the history of international law can offer ways in which to envisage its future.

  • Introduction, Stefan Kadelbach, Thomas Kleinlein and David Roth-Isigkeit

    Part I Authors
    1: Niccolò Machiavelli's International Legal Thought: Culture, Contingency, and Construction, David Roth-Isigkeit
    2: Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times, Kirstin Bunge
    3: Francisco Suárez S.J. on the End of Peaceful Order among States and Systematic Doctrinal Scholarship, Tobias Schaffner
    4: Jean Bodin on International Law, Merio Scattola
    5: Alberico Gentili: Sovereignty, natural law, and the system of Roman civil law, Andreas Wagner
    6: Althusius: Back to the Future, Thomas Hüglin
    7: Hugo Grotius on the conquest of Utopia by Systematic Reasoning, Stefan Kadelbach
    8: Orders in disorder: The Question of a Sovereign State of Nature in Hobbes and Rousseau, Jonas Heller
    9: The International Legal Argument in Spinoza, Tilman Altwicker
    10: States as ethico-political subjects of International Law: The relationship between theory and practice in the international politics of Samuel Pufendorf, Vanda Fiorillo
    11: Christian Wolff: System as an Episode?, Thomas Kleinlein
    12: The Law of the Nations as the Civil Law of the World: On Montesquieu's political cosmopolitanism, Christian Volk
    13: Emer de Vattel on the Society of Nations and the Political System of Europe, Simone Zurbuchen
    14: Towards a system of sympathetic law: Envisioning Adam Smith's theory of jurisprudence, Bastian Ronge
    15: Systematicity to Excess Kant's Conception of the International Legal Order, Benedict Vischer
    16: Fichte and the Echo of his Internationalist Thinking in Romanticism, Carla De Pascale
    17: The Plurality of States and the World Order of Reason: On Hegel's Understanding of International Law and Relations, Sergio Dellavalle

    Part II Perspectives on the Philosophy of International Law
    18: What should the History of the Law of Nations Become?, Martti Koskenniemi
    19: State Theory, State Order, State System: Ius Gentium and the constitution of Public Power, Nehal Bhuta
    20: Spatial Perceptions, Juridical Practices, and Early International Legal Thought around 1500: From Tordesillas to Saragossa, Thomas Duve
    21: The Disorder of Economy? The first Relectio de Indis in a Theological Perspective, Mónica García-Salmones
    22: Power and Law as Ordering Devices in the System of International Relations, Gunther Hellmann
    23: Universalism and Particularism: A Dichotomy to Read Theories on International Order, Armin von Bogdandy and Sergio Dellavalle

    Some Brief Conclusions, Pierre-Marie Dupuy

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