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The Roman Foundations of the Law of Nations - Alberico Gentili and the Justice of Empire (Hardcover)
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The Roman Foundations of the Law of Nations - Alberico Gentili and the Justice of Empire (Hardcover)
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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 law scholar 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 other major 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 relations between 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 and empire have become global, partly accepted
and partly contested elsewhere in the world.
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