Natural Law for the Nobility? The Law of Nature and Nations at the Erlangen Ritterakademie (1701–1741)

Katharina Beiergroesslein, I. Dorn
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Abstract

By the middle of 1708, Europe’s newspapers were full of reports of a diplomatic incident between Great Britain and Czarist Russia. Because of its unpredictable consequences, this socalled Matveyev (also Matveev or Metveyev) incident not only caused a great sensation all over Europe, but also put great diplomatic pressure on the relationship between the British Queen Anne and Czar Peter the Great of Russia. In the end, however, it helped to clarify the issue of diplomatic immunity: how it was to be understood and what practical impact it had on the interaction with envoys sent by foreign princes or states. It thus contributed ‘to shape an important component of modern international relations’.1 Hence the event also reveals that the right of diplomatic immunity – understood as inviolability of the ambassador’s person, his home and vehicles, his luggage and letters, and including the exemption of the ambassador and his staff ‘from both civil and criminal litigation’2 – was, by the beginning of the eighteenth century, far from being interpreted in completely the same manner at European courts, even though the principles of extraterritoriality and diplomatic immunity had been discussed at least since the fifteenth century and put in writing by Hugo Grotius during the 1620s.3 On the evening of 21 July 1708, while on his way to a soirée with other foreign diplomats at Somerset House, Andrey Artamonovich Matveyev (1666– 1728),4 special envoy of Peter the Great to Queen Anne, ‘was stopped by three men who
贵族的自然法?埃尔兰根学院的自然法和国家法(1701-1741)
到1708年中期,欧洲的报纸上充斥着关于英国和沙皇俄国之间外交事件的报道。这一所谓的Matveyev(亦称Matveev或Metveyev)事件由于其不可预测的后果,不仅在整个欧洲引起了巨大的轰动,也给英国女王安妮和俄罗斯沙皇彼得大帝的关系带来了巨大的外交压力。但最终,它有助于澄清外交豁免问题:如何理解外交豁免,以及外交豁免对与外国王公或国家派遣的使节互动有何实际影响。因此,它“塑造了现代国际关系的一个重要组成部分”因此,这一事件还表明,外交豁免权- -被理解为大使的人身、住所和车辆、行李和信件的不可侵犯性,包括大使及其工作人员免于"民事和刑事诉讼" 2 - -到18世纪初,欧洲法院对外交豁免权的解释远未完全相同。尽管治外法权和外交豁免原则至少从15世纪就开始讨论,并由雨果·格劳修斯在17世纪20年代以书面形式记录下来1708年7月21日晚,彼得大帝派往安妮女王的特使安德烈·阿尔塔莫诺维奇·马特维耶夫(1666 - 1728)在萨默塞特宫与其他外国外交官举行晚宴的路上,被三个人拦住
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