|
Books > Law > Jurisprudence & general issues > Legal history
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.
Breaching the Bronze Wall deals with the idea that the words of
honorable Muslims constitutes proof and that written documents and
the words of non-Muslims are of inferior value. Thus, foreign
merchants in cities such as Istanbul, Damascus or Alexandria could
barely prove any claim, as neither their contracts nor their words
were of any value if countered by Muslims. Francisco Apellaniz
explores how both groups labored to overcome the 'biases against
non-Muslims' in Mamluk Egypt's and Syria's courts and markets
(14th-15th c.) and how the Ottoman conquest (1517) imposed a new,
orthodox view on the problem. The book slips into the Middle
Eastern archive and the Ottoman Divan, and scrutinizes shari'a's
intricacies and their handling by consuls, dragomans, qadis and
other legal actors.
|
|