{"title":"西塞罗法学与国际法","authors":"Jeffrey Dymond","doi":"10.1017/s0018246x23000523","DOIUrl":null,"url":null,"abstract":"Abstract At the turn of the seventeenth century, jurists such as Alberico Gentili (1552–1608) and Hugo Grotius (1583–1645), began to advance a novel account of the law of nations ( ius gentium ) as a law that binds a world of sovereign states. That they would produce such a theory is surprising, however, considering that sovereign states were neither the dominant form of political organization at the time, nor did conventional medieval jurisprudence treat them as the normative standard. This article traces this evolution to a broader transformation in legal interpretation. In an effort to put Roman law on a more rational foundation, jurists such as François Connan (1508–51) and Hugues Doneau (1527–91) connected the origin of law to the unfolding of a certain account of human sociability, with the result that a conception of the state as an autonomous body acquired a normative status within their version of the global legal order. It then argues that we should see Gentili’s work on the ius gentium as part of this tradition. In so doing, the article demonstrates how the innovations of a particular school of legal interpretation, by combining Roman law with a distinctive social theory, contributed to making the sovereign state the legal norm.","PeriodicalId":47458,"journal":{"name":"Historical Journal","volume":"78 3","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Ciceronian Jurisprudence and the Law of Nations\",\"authors\":\"Jeffrey Dymond\",\"doi\":\"10.1017/s0018246x23000523\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract At the turn of the seventeenth century, jurists such as Alberico Gentili (1552–1608) and Hugo Grotius (1583–1645), began to advance a novel account of the law of nations ( ius gentium ) as a law that binds a world of sovereign states. That they would produce such a theory is surprising, however, considering that sovereign states were neither the dominant form of political organization at the time, nor did conventional medieval jurisprudence treat them as the normative standard. This article traces this evolution to a broader transformation in legal interpretation. In an effort to put Roman law on a more rational foundation, jurists such as François Connan (1508–51) and Hugues Doneau (1527–91) connected the origin of law to the unfolding of a certain account of human sociability, with the result that a conception of the state as an autonomous body acquired a normative status within their version of the global legal order. It then argues that we should see Gentili’s work on the ius gentium as part of this tradition. In so doing, the article demonstrates how the innovations of a particular school of legal interpretation, by combining Roman law with a distinctive social theory, contributed to making the sovereign state the legal norm.\",\"PeriodicalId\":47458,\"journal\":{\"name\":\"Historical Journal\",\"volume\":\"78 3\",\"pages\":\"0\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-10-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Historical Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/s0018246x23000523\",\"RegionNum\":1,\"RegionCategory\":\"历史学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"HISTORY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Historical Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/s0018246x23000523","RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HISTORY","Score":null,"Total":0}
Abstract At the turn of the seventeenth century, jurists such as Alberico Gentili (1552–1608) and Hugo Grotius (1583–1645), began to advance a novel account of the law of nations ( ius gentium ) as a law that binds a world of sovereign states. That they would produce such a theory is surprising, however, considering that sovereign states were neither the dominant form of political organization at the time, nor did conventional medieval jurisprudence treat them as the normative standard. This article traces this evolution to a broader transformation in legal interpretation. In an effort to put Roman law on a more rational foundation, jurists such as François Connan (1508–51) and Hugues Doneau (1527–91) connected the origin of law to the unfolding of a certain account of human sociability, with the result that a conception of the state as an autonomous body acquired a normative status within their version of the global legal order. It then argues that we should see Gentili’s work on the ius gentium as part of this tradition. In so doing, the article demonstrates how the innovations of a particular school of legal interpretation, by combining Roman law with a distinctive social theory, contributed to making the sovereign state the legal norm.
期刊介绍:
The Historical Journal continues to publish papers on all aspects of British, European, and world history since the fifteenth century. The best contemporary scholarship is represented. Contributions come from all parts of the world. The journal aims to publish some thirty-five articles and communications each year and to review recent historical literature, mainly in the form of historiographical reviews and review articles. The journal provides a forum for younger scholars making a distinguished debut as well as publishing the work of historians of established reputation.