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Justice, Peace, and History: A Reappraisal

Alexis Keller

in What is a Just Peace?

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199275359
eISBN:
9780191603686
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199275351.003.0003
Subject:
Political Science, International Relations and Politics

According to Keller, we have no hope of explaining what is or is not a Just Peace in global relations unless we pay more attention to the intellectual context in which international law was formed. ... More


Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... More


America and the Law of Nations 1776-1939

Mark Weston Janis

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.001.0001
Subject:
Law, Public International Law, Legal History

This book is an exploration of the ways in which Americans have perceived, applied, advanced, and frustrated international law. It demonstrates the varieties and continuities of America's approaches ... More


Jefferson, Madison, and Marshall: The Law of Nations and the New Republic

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0002
Subject:
Law, Public International Law, Legal History

No group of America's leaders has ever been more mindful of the law of nations than were the Founding Fathers. This chapter tells a little of that story. It begins with American perceptions of the ... More


Natural Law, the Law of Nations, and the Transition to Natural Rights

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0004
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter explores the early modern conceptions of natural law and its relation to the Law of Nations and natural rights. Evidence suggests that the existence of the Law of Nations was derived ... More


International Law After the Great War

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0011
Subject:
Law, Public International Law, Legal History

This chapter argues that Wilson's failed project — integrating the United States into the League of Nations — haunted American international lawyers for the two decades 1919-1939. To a considerable ... More


Grotius and Gentili: A Reassessment of Thomas E. Holland's Inaugural Lecture 1

Peter Haggenmacher

in Hugo Grotius and International Relations

Published in print:
1992
Published Online:
November 2003
ISBN:
9780198277712
eISBN:
9780191598890
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198277717.003.0004
Subject:
Political Science, International Relations and Politics

Alberico Gentili (1552–1608), an Italian who worked at Oxford between 1580 and 1600, has some claim to dispute with Grotius regarding the title of ‘father of international law’. This claim was ... More


Hugo Grotius and International Relations

Hedley Bull, Benedict Kingsbury, and Adam Roberts (eds)

Published in print:
1992
Published Online:
November 2003
ISBN:
9780198277712
eISBN:
9780191598890
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198277717.001.0001
Subject:
Political Science, International Relations and Politics

Hugo Grotius (1583–1645), ‘the miracle of Holland’, was famous as a child prodigy, theologian, historian, poet, jurist, Dutch political figure, escaped political prisoner, and finally as Sweden's ... More


Soldiers' Law

Barbara Donagan

in War in England 1642-1649

Published in print:
2008
Published Online:
May 2008
ISBN:
9780199285181
eISBN:
9780191713668
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285181.003.0009
Subject:
History, British and Irish Early Modern History

This chapter examines the laws of war in the 17th century. It argues that the English civil war represents a stage on the way to modern codified rules that regulate conduct in war. English practice ... More


Classical Natural Law and the Law of Nations: The Greeks and the Romans

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0002
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter discusses the Greek and Roman perspectives of natural law and the law of nations. It explores the tension or conflict between the obligations demanded by political communities and the ... More


Gentili, Vitoria, and the Fabrication of a ‘Natural Law of Nations’

Anthony Pagden

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0016
Subject:
Law, Legal History

Alberico Gentili begins De iure belli with a striking, but also somewhat puzzling, claim. The laws of war, he says, are not to be found in the books of Justinian nor, however, ‘does [it] . . . appear ... More


Of the Laws of Nations

Jonathan Harrison

in Hume's Theory of Justice

Published in print:
1980
Published Online:
October 2011
ISBN:
9780198246190
eISBN:
9780191680946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198246190.003.0011
Subject:
Philosophy, History of Philosophy, Political Philosophy

This chapter discusses the following: (1) Atomic weapons may mean that Hume is no longer right in thinking that rules of justice are less necessary for nations than for individuals. A Humean account ... More


The Corpus iuris as a Source of Law Between Sovereigns in Alberico Gentili’s Thought

Benjamin Straumann

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0006
Subject:
Law, Legal History

This chapter examines with the way Alberico Gentili dealt with the problem of the sources of legal norms that hold between independent polities. It begins with a brief look at Gentili's doctrine of ... More


Ius gentium: A Defence of Gentili’s Equation of the Law of Nations and the Law of Nature

Jeremy Waldron

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0014
Subject:
Law, Legal History

This chapter takes up the fundamental question of the place of practice in the theoretical concepts of the law of nations and natural law. It explores the puzzle of how the normative code of natural ... More


The Stakes of International Law and Literature

Christopher N. Warren

in Literature and the Law of Nations, 1580-1680

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198719342
eISBN:
9780191788550
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198719342.003.0001
Subject:
Literature, 16th-century and Renaissance Literature, Criticism/Theory

The purpose of this chapter is to develop a broad rationale for a more literary history of international law and to set the conceptual groundwork for the chapters that follow. It uses a range of ... More


Powhatan Legal Claims

Andrew Fitzmaurice

in Native Claims: Indigenous Law against Empire, 1500–1920

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199794850
eISBN:
9780199919291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199794850.003.0004
Subject:
History, World Early Modern History, World Modern History

This essay concerns the legal claims made by the Powhatan peoples of the Chesapeake against the intrusion of the English at Jamestown in the years from 1606-9. The claims made by the Powhatans ... More


The Law of Nations and the Sources of the Cosmopolis

Nan Goodman

in The Puritan Cosmopolis: The Law of Nations and the Early American Imagination

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190642822
eISBN:
9780190642846
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190642822.003.0002
Subject:
Literature, American, 18th Century and Early American Literature

The Puritans’ cosmopolitan thought in late seventeenth-century New England had its source in the cosmopolitanism of a law of nations that was as much about the world as a whole as it was about the ... More


Emer de Vattel on the Society of Nations and the Political System of Europe

Simone Zurbuchen

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

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198768586
eISBN:
9780191821974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198768586.003.0014
Subject:
Law, Public International Law

This chapter aims to explain why considering Vattel as a founding father of positivism rests on a misunderstanding. Despite the continuous attention Vattel received in the scholarly literature as ... More


The Territorial Sea, International Straits, and Archipelagos

O.P. Sharma

in The International Law of the Sea: India and the UN Convention of 1982

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198060000
eISBN:
9780199081981
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198060000.003.0003
Subject:
Law, Public International Law

This chapter describes the legal status of territorial sea, international straits, and archipelagic waters around a coastal State. The author describes how territorial waters around a coastal State ... More


From Consensus to Consensus: Slavery in International Law

Seymour Drescher

in The Legal Understanding of Slavery: From the Historical to the Contemporary

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660469
eISBN:
9780191745508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660469.003.0006
Subject:
Law, Human Rights and Immigration, Legal History

This chapter takes a look at the main roles the slave trade and slavery have played in the formation and transformation of international law. It notes that slavery was once considered as a consensual ... More


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