The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire by Benedict KingsburyThe Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire by Benedict Kingsbury

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

EditorBenedict Kingsbury, Benjamin Straumann

Hardcover | January 9, 2011

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This book makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman lawscholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and othermajor thinkers from the 16th to the 18th centuries on issues such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relationsbetween natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law andempire have become global, partly accepted and partly contested elsewhere in the world.
Benedict Kingsbury is Murry and Ida Becker Professor of Law and Director of the Institute for International Law and Justice at New York University School of Law. He also directs NYU Law School's Program in the History and Theory of International Law, with Martti Koskenniemi. He is the editor, with Benjamin Straumann, of Alberico Genti...
Title:The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of EmpireFormat:HardcoverDimensions:406 pagesPublished:January 9, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199599874

ISBN - 13:9780199599875

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Table of Contents

1. Benedict Kingsbury and Benjamin Straumann: IntroductionPart I A Just Empire: The Roman Model2. John Richardson: The Meaning of imperium in the Last Century BC and the First AD3. Clifford Ando: Empire and the Laws of War: A Roman Archaeology4. Diego Panizza: Alberico Gentili's De armis Romanis: The Roman Model of the Just Empire5. David Lupher: The De armis Romanis and the exemplum of Roman Imperialism6. Benjamin Straumann: The Corpus iuris as a Source of Law Between Sovereigns in Alberico Gentili's ThoughtPart II Gentili and the Law of War7. Noel Malcolm: Alberico Gentili and the Ottomans8. Christopher Warren: Gentili, the Poets, and the Laws of War9. Peter Schroder: Vitoria, Gentili, Bodin: Sovereignty and the Law of Nations10. Partel Piirimae: Alberico Gentili's Doctrine of Defensive War and Its Impact on Seventeenth-Century Normative Views11. Randall Lesaffer: Alberico Gentili's ius post bellum and Early Modern Peace Treaties12. Alexis Blane and Benedict Kingsbury: Punishment and the ius post bellumPart III Law Between, Beyond and Within Sovereigns13. Lauren Benton: Legalities of the Sea in Gentili's Hispanica Advocatio14. Jeremy Waldron: Ius gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature15. Martti Koskenniemi: International Law and raison d'etat: Rethinking the Prehistory of International Law16. Anthony Pagden: Gentili, Vitoria, and the Fabrication of a 'Natural Law of Nations'