The Law of Nations and Natural Law 1625–1800最新文献

Vattel’s Doctrine of the Customary Law of Nations between Sovereign Interests and the Principles of Natural Law 在主权利益与自然法原则之间的瓦特尔国家习惯法学说

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_013

F. Iurlaro

引用次数: 1

Natural Law for the Nobility? The Law of Nature and Nations at the Erlangen Ritterakademie (1701–1741) 贵族的自然法?埃尔兰根学院的自然法和国家法(1701-1741)

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_003

Katharina Beiergroesslein, I. Dorn

{"title":"Natural Law for the Nobility? The Law of Nature and Nations at the Erlangen Ritterakademie (1701–1741)","authors":"Katharina Beiergroesslein, I. Dorn","doi":"10.1163/9789004384200_003","DOIUrl":"https://doi.org/10.1163/9789004384200_003","url":null,"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","PeriodicalId":164710,"journal":{"name":"The Law of Nations and Natural Law 1625–1800","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126563822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Serving Danish Foreign Policy: Andreas Hojer’s De eo quod iure belli licet in minores (1735)

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_004

M. Jensen

{"title":"Serving Danish Foreign Policy: Andreas Hojer’s De eo quod iure belli licet in minores (1735)","authors":"M. Jensen","doi":"10.1163/9789004384200_004","DOIUrl":"https://doi.org/10.1163/9789004384200_004","url":null,"abstract":"Andreas Hojer (1690– 1739) is arguably one of the most fascinating but understudied figures in the early enlightenment in Denmark. Hailing from SchleswigHolstein, Hojer studied in Halle under Christian Thomasius (1655– 1728), where he became fascinated with the new teachings on natural law and the law of nations. His first published works were an academic exercise on the (non)prohibition of incestuous marriage by divine law, the De nuptiis propinquorum iure divino non prohibitis [...] diagramma, and a short history of Denmark.1 Both works led him into polemics and rivalry with Ludvig Holberg (1684– 1754), who is now widely considered the (only) major figure of the early Danish enlightenment. Having successfully weathered a storm over his work on marriage, Hojer was employed in a string of positions, including royal historiographer and Justitsråd, before being appointed the first ex officio professor of the law of nature and nations at Copenhagen University in 1734.2 No substantive account of his natural law theorizing and its political and intellectual significance has thus far been attempted. An informative and detailed biography of Hojer was published in 1961, and Hojer is mentioned in the standard histories of jurisprudence in Denmark.3 But in neither case is there any detailed discussion of his teachings on natural law.4 This is perhaps","PeriodicalId":164710,"journal":{"name":"The Law of Nations and Natural Law 1625–1800","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115061251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Law of Nations in German historia literaria and Encyclopaedias in the Eighteenth Century 18世纪德国历史、文学和百科全书中的国际法

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_006

F. Grunert

{"title":"The Law of Nations in German historia literaria and Encyclopaedias in the Eighteenth Century","authors":"F. Grunert","doi":"10.1163/9789004384200_006","DOIUrl":"https://doi.org/10.1163/9789004384200_006","url":null,"abstract":"If one is interested in the law of nations as an academic subject, one clearly has to focus on lectures and textbooks dedicated to the subject. But from a historical point of view, it is worthwhile also to analyse the more general knowledge of the law of nations – that provided to nonspecialists and especially to young academics before they started their specialist training. What did a beginning academic get to know about the law of nations? The propaedeutic lessons available provide interesting information regarding what the general academic public knew about the subject. In the German context during the eighteenth century, historia literaria (‘Geschichte der Gelehrsamkeit’, ‘history of learning’) was the most prominent genre of general instruction in any subject of academic relevance. Its prominence is shown by the large number of textbooks which appeared throughout the whole of the century and the significant number of courses which were offered at all universities, academies and even at high schools. For more than a century, historia literaria was considered extremely successful, keeping the same general aim and changing only in the form of its practical realization. An authoritative definition of the purpose of historia literaria is given in Christoph August Heumann’s Conspectus reipublicae literariae sive via ad historiam literariam, which appeared for the first time in 1718 and for the last time in a posthumous eighth edition in the 1790s. Heumann provides that definition in the first paragraph: ‘The history of learning is the history of letters [i.e. books] and authors, or the narration of the origin and progress of learning from the beginning up to our times’.1","PeriodicalId":164710,"journal":{"name":"The Law of Nations and Natural Law 1625–1800","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133692040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pufendorf on the Law of Sociality and the Law of Nations 《普芬多夫论社会法与国际法》

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_007

Kari Saastamoinen

{"title":"Pufendorf on the Law of Sociality and the Law of Nations","authors":"Kari Saastamoinen","doi":"10.1163/9789004384200_007","DOIUrl":"https://doi.org/10.1163/9789004384200_007","url":null,"abstract":"In his grand exposition of natural law, De jure naturae et gentium (hereafter jng),1 Samuel Pufendorf denied the existence of a separate law of nations as a set of positive legislation agreed by all nations. Following Thomas Hobbes, he maintained that the norms which prevailed between sovereign states were nothing but the application of the law of nature to interstate relations.2 The fundamental principle of natural law, in turn, was the duty to cultivate and maintain sociality towards other human beings.3 This much about Pufendorf ’s views can be said without much disagreement among modern commentators. But once we ask what he meant by the endorsement of sociality, among individuals or between states, things become complicated and scholarly opinion diverges. One reason for rival interpretations is that Pufendorf ’s remarks on the law of nature oscillated between two seemingly incompatible positions. On the one hand, he not only observed that human beings are by nature preoccupied with their personal safety and welfare, but also emphasized that observing natural law serves their longterm interests. With such remarks, he appeared to follow Hobbes in deducing natural law from the requirements of","PeriodicalId":164710,"journal":{"name":"The Law of Nations and Natural Law 1625–1800","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133081196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Men, Monsters and the History of Mankind in Vattel’s Law of Nations 瓦特尔《国法》中的人、怪物和人类历史

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_009

P. Piirimäe

{"title":"Men, Monsters and the History of Mankind in Vattel’s Law of Nations","authors":"P. Piirimäe","doi":"10.1163/9789004384200_009","DOIUrl":"https://doi.org/10.1163/9789004384200_009","url":null,"abstract":"Emer de Vattel has been widely considered a seminal figure in the European tradition of the law of nations. While attaching himself to the earlier tradition of natural jurisprudence, he offered a normative system of the law of nations that was more firmly and explicitly anchored to the political practice of his contemporary Europe than were the doctrines of his predecessors. Vattel promoted the practical applicability of his Droit des gens (1758), stressing that it was not so much written for interested ‘private individuals’, i.e. other scholars or the general public, but it was a ‘law of sovereigns’ that was primarily intended for ‘them and their ministers’. It would not help much, he explained, if his maxims were studied only by those who had no influence over public affairs; the ‘conductors of states’, on the other hand, if they chose to learn this science and adopt its maxims as the ‘compass’ for their policies, could produce many ‘happy results’.1 Vattel emphasized the easy comprehension and applicability of his book, contrasting his approach with that of Christian Wolff, whose treatise on the law of nations could be understood only if one ‘previously studied sixteen or seventeen quarto volumes which precede it’.2 As Vattel famously declared, his original intention was to introduce Wolff ’s system to a wider readership, by rendering his rigid and formal work more ‘agreeable and better calculated to ensure it a reception in the polite world’.3 While it is clear that Vattel’s work amounted to much more than a systematic account of Wolff ’s principles,4 it is in the manner of presentation that the differences between the two scholars are the most striking. Already the choice of French over Latin, the language of diplomats over that of the republic of","PeriodicalId":164710,"journal":{"name":"The Law of Nations and Natural Law 1625–1800","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123921526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Born to Rule: Burlamaqui and Rousseau on the Education of Princes 为统治而生:伯拉玛基和卢梭论君主的教育

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_011

Lisa Broussois

引用次数: 0

The Circulation of the École romande du droit naturel in Eighteenth-Century Italy 18世纪意大利École自然权利书的流通

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_014

E. Malaspina, Simone Zurbuchen

引用次数: 3

The International Political Thought of Johann Jacob Schmauss and Johann Gottlieb Heineccius: Natural Law, Interest, History and the Balance of Power 约翰·雅各布·施莫斯和约翰·戈特利布·海尼西乌的国际政治思想:自然法、利益、历史与权力平衡

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_008

P. Schröder

引用次数: 1

Guarantee and Intervention: the Assessment of the Peace of Westphalia in International Law and Politics by Authors of Natural Law and of Public Law, c. 1650–1806 保障与干预:自然法和公法作者对威斯特伐利亚和平在国际法和政治中的评价，约1650-1806

The Law of Nations and Natural Law 1625–1800 Pub Date : 2019-08-23 DOI: 10.1163/9789004384200_010

P. Milton

引用次数: 2