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This book compares the respective concepts of the law of nations
put forward by the Spanish theologian Francisco Suarez 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 Vitoria and Alberico Gentili. In Suarez 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 Suarez, 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, Suarez'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.
This book compares the respective concepts of the law of nations
put forward by the Spanish theologian Francisco Suarez 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 Vitoria and Alberico Gentili. In Suarez 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 Suarez, 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, Suarez'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.
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