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System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel


ISBN13: 9780198768586
Published: April 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £122.50



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Since the formation of nation-states lawyers, philosophers, and theologians have sought to envisage the ideal political order.

Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume maps models of early international legal thought from Machiavelli to Hegel before international law became an academic discipline.

The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse.

Part I covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas that have remained at the forefront of debate, such as the relationship between law and theology, the role of the individual versus that of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities.

In the current political climate, where it is common to state that the importance of the nation-state is vanishing, the problems at issue in the classic theories do not seem so remote: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show how uncovering the history of international law can offer ways in which to envisage its future.

Subjects:
Public International Law, Legal History
Contents:
Introduction, Stefan Kadelbach, Thomas Kleinlein and David Roth-Isigkeit

Part I Authors
1: Niccolò Machiavelli's International Legal Thought: Culture, Contingency, and Construction, David Roth-Isigkeit
2: Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times, Kirstin Bunge
3: Francisco Suárez S.J. on the End of Peaceful Order among States and Systematic Doctrinal Scholarship, Tobias Schaffner
4: Jean Bodin on International Law, Merio Scattola
5: Alberico Gentili: Sovereignty, natural law, and the system of Roman civil law, Andreas Wagner
6: Althusius: Back to the Future, Thomas Hüglin
7: Hugo Grotius on the conquest of Utopia by Systematic Reasoning, Stefan Kadelbach
8: Orders in disorder: The Question of a Sovereign State of Nature in Hobbes and Rousseau, Jonas Heller
9: The International Legal Argument in Spinoza, Tilman Altwicker
10: States as ethico-political subjects of International Law: The relationship between theory and practice in the international politics of Samuel Pufendorf, Vanda Fiorillo
11: Christian Wolff: System as an Episode?, Thomas Kleinlein
12: The Law of the Nations as the Civil Law of the World: On Montesquieu's political cosmopolitanism, Christian Volk
13: Emer de Vattel on the Society of Nations and the Political System of Europe, Simone Zurbuchen
14: Towards a system of sympathetic law: Envisioning Adam Smith's theory of jurisprudence, Bastian Ronge
15: Systematicity to Excess Kant's Conception of the International Legal Order, Benedict Vischer
16: Fichte and the Echo of his Internationalist Thinking in Romanticism, Carla De Pascale
17: The Plurality of States and the World Order of Reason: On Hegel's Understanding of International Law and Relations, Sergio Dellavalle

Part II Perspectives on the Philosophy of International Law
18: What should the History of the Law of Nations Become?, Martti Koskenniemi
19: State Theory, State Order, State System: Ius Gentium and the constitution of Public Power, Nehal Bhuta
20: Spatial Perceptions, Juridical Practices, and Early International Legal Thought around 1500: From Tordesillas to Saragossa, Thomas Duve
21: The Disorder of Economy? The first Relectio de Indis in a Theological Perspective, Mónica García-Salmones
22: Power and Law as Ordering Devices in the System of International Relations, Gunther Hellmann
23: Universalism and Particularism: A Dichotomy to Read Theories on International Order, Armin von Bogdandy and Sergio Dellavalle

Some Brief Conclusions, Pierre-Marie Dupuy

Series: The History and Theory of International Law

The Unseen History of International Law ISBN 9780198952060
To be published May 2025
Oxford University Press
£170.00
Socialism and International Law: The Cold War and Its Legacies ISBN 9780198920175
To be published December 2024
Oxford University Press
£100.00
Hobbes on Justice ISBN 9780198867982
Published November 2024
Oxford University Press
£100.00
£110.00
Preparing for War: The Making of the 1949 Geneva Conventions ISBN 9780198912613
Published January 2024
Oxford University Press
£29.99
£75.00
(ePub)
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Sovereignty, International Law, and the Princely States of Colonial South Asia ISBN 9780192866585
Published June 2023
Oxford University Press
£90.00
£72.99
(ePub)
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£99.00
Preparing for War: The Making of the 1949 Geneva Conventions ISBN 9780198868071
Published February 2022
Oxford University Press
£110.00
Preparing for War: The Making of the 1949 Geneva Conventions (eBook) ISBN 9780192638397
Published February 2022
Oxford University Press
£58.39
(ePub)
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The Invention of Custom: Natural Law and the Law of Nations, ca. 1550-1750 ISBN 9780192897954
Published December 2021
Oxford University Press
£99.00
The Invention of Custom: Natural Law and the Law of Nations, ca. 1550-1750 (eBook) ISBN 9780192652829
Published December 2021
Oxford University Press
£72.50
(ePub)
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£72.50
(ePub)
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The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations ISBN 9780198755531
Published August 2021
Oxford University Press
£99.00
£105.00
The Battle for International Law: South-North Perspectives on the Decolonization Era ISBN 9780198849636
Published October 2019
Oxford University Press
£130.00
£32.99
The New Histories of International Criminal Law: Retrials ISBN 9780198829638
Published March 2019
Oxford University Press
£105.00
Law and the Political Economy of World Hunger ISBN 9780198823940
Published February 2019
Oxford University Press
£99.00
£95.00
Nineteenth Century Perspectives on Private International Law ISBN 9780198819844
Published August 2018
Oxford University Press
£105.00
£117.50
The Hidden History of International Law in the Americas: Empire and Legal Networks ISBN 9780190622343
Published May 2017
Oxford University Press USA
£100.00
The Law of Nations in Global History ISBN 9780198766070
Published March 2017
Oxford University Press
£120.00
To Reform the World: International Organizations and the Making of Modern States ISBN 9780198757962
Published February 2017
Oxford University Press
£117.50
International Law and Empire: Historical Explorations ISBN 9780198795575
Published January 2017
Oxford University Press
£120.00
Formalizing Dispossession: International Law and Population Transfers ISBN 9780198717430
Published December 2014
Oxford University Press
£112.50
Formalizing Dispossession: International Law and Population Transfers (eBook) ISBN 9780191026898
Published December 2014
Oxford University Press
£81.67
(ePub)
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The Project of Positivism in International Law ISBN 9780199685202
Published November 2013
Oxford University Press
£137.50
The Project of Positivism in International Law (eBook) ISBN 9780191508318
Published November 2013
Oxford University Press
£100.00
(ePub)
Buy