The articles in this volume trace the development of the theory that humanity forms a single world community and that there exists a body of law governing the relations among the members of that community. These ideas first appeared in the writings of the medieval canon lawyers and received their fullest development in the writings of early modern Spanish intellectuals. Conflict and contact with ’the infidel’ provided a stimulus for the elaboration of these ideas in the later Middle Ages, but major impetus was given by the English subjugation of Ireland, and by the discovery of the Americas. This body of work paved the way for the modern notions of an international legal order and universal norms of behavior usually associated with the publication of Hugo Grotius’s work in the seventeenth century.
Francisco de Vitoria, Founder of the Modern Law of Nations, Francisco Suárez, Founder of the Modern Philosophy of Law in General and in Particular of the Law of Nations : a Critical Examination and a Justified Appreciation
Francisco de Vitoria, Founder of the Modern Law of Nations, Francisco Suárez, Founder of the Modern Philosophy of Law in General and in Particular of the Law of Nations : a Critical Examination and a Justified Appreciation
La 4e de couverture indique : "This important study of international law theory before Grotius discusses the work of Victoria and Suarez, together with the writings of later Catholic jurists of the period, such as Mariana, Buchanan and Bellarmine. Contemporary Protestant jurists are discussed as well. Reprint of the sole edition. "The outstanding merit of the book for which Dr. Scott has placed scholars and lawyers in his debt is that it is a needed reminder that the ideas and conceptions on which the internal order of states, no less than the good order of the international community, depend, are not of today nor of yesterday, but that they have a long history, and that their deepest roots are in the great tradition of Christian thought, which, through the centuries, was elaborated by schoolmen and canonists and jurists with a power of analysis and insight which puts to shame the contributions of much of what passes for contemporary jurisprudence.
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Scott, James Brown. The United States of America: A Study in International Organization. New York: Oxford University Press, 1920. xix, 605 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 00-067016. ISBN 1-58477-171-2. Cloth. $120. * With an extensive appendix of source readings. Scott [1866-1943] presents a detailed and comprehensively documented history of the American Constitution from its roots in the Mayflower Compact and other colonial associations through the Eighteenth Amendment. It can be read in this regard as a survey history. His study is especially interesting, however, as a political document written to address the effects of the First World War. Scott wrote this book for a European audience, hoping that his analysis of the Constitution would influence the creation of an international organization of states governed by a "Court of Nations" modeled on the American Supreme Court. As such, he emphasizes the Constitution's role as an agent of peace and cooperation among different political units. Scott's ideas were later reflected in the establishment of the International Court of Justice, the League of Nations and the United Nations.
Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, [6], clviii pp. Francisco de Vitoria [c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large. Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom. One of the greatest figures in modern international law, James Brown Scott [1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).
Scott, James Brown. Judicial Settlement of Controversies between States of the American Union: An Analysis of Cases Decided in the Supreme Court of the United States. Oxford: Clarendon Press, 1919. xiii, 548 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-066333. ISBN 1-58477-172-0. Cloth. $120. * This volume offers the texts of eighty Supreme Court decisions written between 1799 and 1918 concerning controversies between states, along with extensive analyses and commentaries. These are preceded by three general chapters that examine the rise of judicial procedure between the states, the ability of states to be sued by citizens of other states, and attempts by citizens of states to bring action against other states by methods of indirection. As indicated by the final chapter, "A Lesson For the World at Large," the author has a larger goal in mind. Deeply influenced by the devastation of the First World War, Scott [1866-1943], a participant in the Versailles Conference, aimed to demonstrate that the American legal system that maintains peace between the individual states could serve as a model for the rest of the world.
A leader in the development of modern international law. Originally published: New York: Columbia University Press, 1939-1940. 2 Vols. xxiv, 613; vi, 401 pp. Volume One: A Commentary on the Development of Legal, Political and International Ideals. Volume Two: Extracts Illustrating the Growth of Theories, and Principles of Jurisprudence, Government, and The Law of Nations. The author divides his subject into six main periods: The Greek Background, The Roman Heritage, The Christian Heritage (Ancient and Medieval), The Transition from Medieval to Modern Thought, The Era of Reform, The Beginning of the Modern Age.
Juan de Solorzano Pereira (1575-1654) was a lawyer who spent eighteen years as a judge in Peru before returning to Spain to serve on the Councils of Castile and of the Indies. Considered one of the finest lawyers in Spain, his work, De Indiarum Jure, was the most sophisticated defense of the Spanish conquest of the Americas ever written, and he was widely cited in Europe and the Americas until the early nineteenth century. His work, and that of the Spanish School of international law theorists generally, is often seen as leading to Hugo Grotius and modern international law. However, as James Muldoon shows, the De Indiarum Jure represents the fullest development of a medieval Catholic theory of international order that provided an alternative to the Grotian theory.
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