Catholic and Reformed Traditions in International Law: A by Paulo Emílio Vauthier Borges de Macedo

By Paulo Emílio Vauthier Borges de Macedo

This e-book compares the respective techniques of the legislation of countries recommend by way of the Spanish theologian Francisco Suárez and by means of the Dutch jurist Hugo Grotius. This comparability is predicated at the indisputable fact that either thinkers built particularly related notions and have been the 1st to leave from the Roman notion, which endured during the whole center a while and the early Renaissance. In Rome, jus gentium was once a legislations that utilized to foreigners in the Empire, and one that used to be usually fallacious for ordinary legislations itself. those gains are available even within the works of writers akin to Francisco de Vitória and Alberico Gentili.

In Suárez and Grotius, the legislations of countries is acceptable to an extra-national area and inarguably turns into confident legislations. but, it additionally includes a moral aspect that stops it from turning out to be a trifling mirrored image of kingdom interests.

This paintings argues that this resemblance is hardly ever a accident: Grotius has learn Suárez, and that effect has converted the principles of his early techniques on jus gentium. this could now not be taken to suggest that the Dutch jurist wasn’t unique: in either authors, the definition of the legislation of countries pursues his personal inner good judgment. however, Suárez’s oeuvre allowed Grotius to unravel a primary challenge touched on in his early writings that had remained unanswered. consequently, his oeuvre provides to elucidate the most major moments within the background of overseas Law.

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