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Author: Amaya Amell Publisher: Rowman & Littlefield ISBN: 1793613354 Category : Law Languages : en Pages : 141
Book Description
Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.
Author: Amaya Amell Publisher: Rowman & Littlefield ISBN: 1793613354 Category : Law Languages : en Pages : 141
Book Description
Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.
Author: Ignacio de la Rasilla del Moral Publisher: BRILL ISBN: 9004343237 Category : Law Languages : en Pages : 369
Book Description
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War.
Author: James Brown Scott Publisher: The Lawbook Exchange, Ltd. ISBN: 1584771100 Category : International law Languages : en Pages : 486
Book Description
Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, [6], clviii pp. Francisco de Vitoria [c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large. Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom. One of the greatest figures in modern international law, James Brown Scott [1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).
Author: José María Beneyto Publisher: Springer ISBN: 3319629980 Category : Law Languages : en Pages : 217
Book Description
This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as “modern” or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the “Other” and the legitimation of military interventions. All these subjects include Vitoria’s contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria’s texts, in the context of “modern” problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria’s reflections for contemporary issues of international law.
Author: Paolo Amorosa Publisher: Oxford University Press, USA ISBN: 0198849370 Category : Law Languages : en Pages : 369
Book Description
In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.
Author: James Brown Scott Publisher: The Lawbook Exchange, Ltd. ISBN: 1584778210 Category : International law Languages : en Pages : 518
Book Description
La 4e de couverture indique : "This important study of international law theory before Grotius discusses the work of Victoria and Suarez, together with the writings of later Catholic jurists of the period, such as Mariana, Buchanan and Bellarmine. Contemporary Protestant jurists are discussed as well. Reprint of the sole edition. "The outstanding merit of the book for which Dr. Scott has placed scholars and lawyers in his debt is that it is a needed reminder that the ideas and conceptions on which the internal order of states, no less than the good order of the international community, depend, are not of today nor of yesterday, but that they have a long history, and that their deepest roots are in the great tradition of Christian thought, which, through the centuries, was elaborated by schoolmen and canonists and jurists with a power of analysis and insight which puts to shame the contributions of much of what passes for contemporary jurisprudence."
Author: Martti Koskenniemi Publisher: Oxford University Press ISBN: 0198795572 Category : Law Languages : en Pages : 417
Book Description
By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.
Author: José María Beneyto Publisher: Springer Nature ISBN: 303082487X Category : Law Languages : en Pages : 228
Book Description
This book deals with Vitoria, Charles V and Erasmus. Vitoria’s ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus’ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor. Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V’s imperial policy, the book’s goal is to explore the impact of Vitoria’s thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.
Author: Amaya Amell
Author: Amaya Amell
Author: Ignacio de la Rasilla del Moral
Author: James Brown Scott
Author: José María Beneyto
Author: Paolo Amorosa
Author: James Brown Scott
Author: Martti Koskenniemi
Author: Francisco de Vitoria
Author: José María Beneyto
Author: José María Beneyto