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978-3-319-59403-3


Parution : 09/2017
Editeur : Springer
ISBN : 978-3-3195-9403-3
Site de l'éditeur

Catholic and Reformed Traditions in International Law

A Comparison Between the Suarezian and the Grotian Concept of Ius Gentium

Vauthier Borges de Macedo, Paulo Emílio

Coll. Studies in the History of Law and Justice, 304 pages

Présentation de l'éditeur

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.

 

Sommaire

The Law of Nations: Between Natural and Positive Law

The Foundations of Law in Francisco Suárez

The Foundations of Law in Hugo Grotius

The Law of Nations in Francisco Suárez

The Law of Nations in Hugo Grotius