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.
“[Chronicles] the efforts of this principled and persistent man to save Jews and others from the horrors of Nazism.” —Foreign Affairs The private diary of James G. McDonald (1886–1964) offers a unique and hitherto unknown source on the early history of the Nazi regime and the Roosevelt administration’s reactions to Nazi persecution of German Jews. Considered for the post of US ambassador to Germany at the start of FDR’s presidency, McDonald traveled to Germany in 1932 and met with Hitler soon after the Nazis came to power. Fearing Nazi intentions to remove or destroy Jews in Germany, in 1933 he became League of Nations High Commissioner for Refugees and sought aid from the international community to resettle outside the Reich Jews and others persecuted there. In late 1935 he resigned in protest at the lack of support for his work. This is the eagerly awaited first of a projected three-volume work that will significantly revise the ways that scholars and the world view the antecedents of the Holocaust, the Shoah itself, and its aftermath. “A compelling look at one man’s efforts to do something about a looming catastrophe. At times the book is inspiring—McDonald’s prescience and energy are simply amazing. But because we know what is soon to happen to Europe’s Jews, we share his frustration that no one seems to be listening. We feel what it was to be an advocate for the doomed.” —The Wall Street Journal “The diaries show that McDonald believed as early as 1933 that the Nazis were considering the mass killing of Europe’s Jews.” —The New York Times
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
In this volume, a sequel to Ideology, Reason, and the Limitation of War, James Turner Johnson continues his reconstruction of the history of just war tradition by analyzing significant individual thinkers, concepts, and events that influenced its development from the mid-eighteenth century to the present. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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.
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).
In the middle of the eighteenth century, something new made itself felt in European culture—a tone or style that came to be called the sentimental. The sentimental mode went on to shape not just literature, art, music, and cinema, but people’s very structures of feeling, their ways of doing and being. In what is sure to become a critical classic, An Archaeology of Sympathy challenges Sergei Eisenstein’s influential account of Dickens and early American film by tracing the unexpected history and intricate strategies of the sentimental mode and showing how it has been reimagined over the past three centuries. James Chandler begins with a look at Frank Capra and the Capraesque in American public life, then digs back to the eighteenth century to examine the sentimental substratum underlying Dickens and early cinema alike. With this surprising move, he reveals how literary spectatorship in the eighteenth century anticipated classic Hollywood films such as Capra’s It Happened One Night, Mr. Deeds Goes to Town, and It’s a Wonderful Life. Chandler then moves forward to romanticism and modernism—two cultural movements often seen as defined by their rejection of the sentimental—examining how authors like Mary Shelley, Joseph Conrad, James Joyce, and Virginia Woolf actually engaged with sentimental forms and themes in ways that left a mark on their work. Reaching from Laurence Sterne to the Coen brothers, An Archaeology of Sympathy casts new light on the long eighteenth century and the novelistic forebears of cinema and our modern world.
War, Law and Humanity tells the story of the transatlantic campaign to either mitigate the destructive forces of the battlefield, or prevent wars from being waged altogether, in the decades prior to the disastrous summer of 1914. Starting with the Crimean War of the 1850s, James Crossland traces this campaign to control warfare from the scandalous barracks of Scutari to the shambolic hospitals of the American Civil War, from the bloody sieges of Paris and Erzurum to the combative conference halls of Geneva and The Hague, uncovering the intertwined histories of a generation of humanitarians, surgeons, pacifists and utopians who were shocked into action by the barbarism and depravities of war. By examining the fascinating personal accounts of these figures, Crossland illuminates the complex motivations and influential actions of those committed to the campaign to control war, demonstrating how their labours built the foundation for the ideas – enshrined in our own times as international norms – that soldiers need caring for, weapons need restricting and wars need rules.
A War without Rifles: The 1792 Militia Act and the War of 1812 turns an eye to the conflict most overlooked by historians, even in a decade marking the bicentennial of the first declared war fought by the United States of America. James N. Gibson remedies this oversight by presenting his investigation of the interplay between the Militia Act, passed by Congress in 1792, and the conduct of the War of 1812. Despite the common perception that the act was never implemented, A War without Rifles documents its post-1792 history, noting, for instance, the requirement that each able-bodied American man own a military musket and the connection between the acts caliber clause and the shortage of rifles in the War of 1812. After reviewing the silent wars with European powers in the years preceding the War of 1812, this history turns its attention to the war years. Plentiful and careful documentation roots the narrative in numerous primary sources. In addition, four appendices provide the full text of the Militia Act of 1792, records of debates, information on federal arms production, and lists of federal arms contracts with civilian manufacturers. One hundred figures provide an extensive gallery illustrating the history. A War without Rifles: The 1792 Militia Act and the War of 1812 explores the 1792 Militia Act and its ramifications for the War of 1812, Americas first declared war and the last time its soldiers supplied their own weaponry.
James Madison’s record of the Constitutional Convention traces day by day the debates held from May to September 1787 and presents the only complete picture we have of the strategy, interests, and ideas of the Founders at the convention itself. In this indispensable primary document, Madison not only provides detailed insights into one of the great events of US history, but clearly sets forth his own position on such issues as the balance of powers, the separation of functions, and the general role of the federal government. More than in Federalist, which shows the carefully formalized conclusions of his political thought, we see in Debates his philosophy in action, evolving in daily tension with the viewpoints of the other delegates. It is for this reason that Debates is invaluable for placing in perspective the incomplete records of such well-known figures as Rufus King and Alexander Hamilton, and the constitutional plans of such men as Edmund Randolph and Charles Pinckney. Madison’s contemporaries regarded him as the chief statesmen at the Philadelphia convention; in addition to this, his record outranks in importance all the other writings of the founders of the American republic. He is thus identified, as no other man is, with the making of the Constitution and the correct interpretation of the intentions of its drafters. New to this edition of Debates is a thorough, scholarly index of some two thousand entries.
The fundamental aims of this book are two: to explore the interaction between religion and secular society in the formation as well as the dissolution of just war doctrine; and to investigate just war doctrine as an ideological pattern of thought, expressive of a greater ideology. The author reconstructs the development of classic just war doctrine, showing it to be a product of secular and religious forces. From it he traces the growth of the doctrines of holy war and of modern just war. He demonstrates that the blending of two distinct traditions in the late Middle Ages has its counterpart in the century following the Reformation. The secularized just war doctrine exemplified in the writings of Grotius, Locke, and Vattel are related to the problems of war in our time. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Over the last 30 years, the Connecticut Office of State Archaeology and the Department of Agriculture’s Natural Resource Conservation Service have entered into a partnership employing ground-penetrating radar (GPR) to the study of the state’s archaeology and history. As a result, many historical cemeteries and places of note in Connecticut have been investigated. The authors have selected 10 geophysical surveys, which have used GPR as a non-intrusive, non-destructive exploratory tool, that have elicited positive results in the search for unmarked burials, confirmation of marked burials and to authenticate areas of known historical events. This book narrates the stories of GPR studies at 10 historical sites in Connecticut, spanning the 17th to the 20th centuries. Each chapter investigates and highlights a ‘history mystery’ and differing aspects of our research, including the ‘lost’ grave of an African-American Revolutionary War veteran, the verification of French Revolutionary War military personnel in a mass grave, the detection of a below-ground hidden 19th-century family burial tomb, the discovery of hurriedly dug, unmarked burials associated with the 1918 influenza pandemic and the detection of the unknown location of a 1941 military plane crash site, among others. Professionally, the authors have over 40 years’ experience in GPR, soil science and archaeology. They bring their collective expertise to the reader in a scientific approach with a personal, story-telling touch. Each chapter delves into the history of the sites and the nature of the geophysical search (i.e., how the equipment was used) and the interpretation of the data in regard to solving a historical problem.
This is a study of the Military Government of Cuba from 1898 to 1902. Tracing and explaining the actions of General Leonard Wood's adminis tration during those years reveals how the United States Government re solved the questions of independence, strategic security, and economic inter ests in regard to Cuba. Leonard Wood, Secretary of War Elihu Root, Senator Orville H. Platt, and President William McKinley formulated and carried out policies that had a strong influence on subsequent Cuban-American relations. The broader aspects of this study, civil-military relations and American imperialism, are topics of importance to all citizens today. This is institutional and biographical history, written in the belief that a full ac count of the men, action, and circumstances will add to our understanding of the period when the United States emerged as a world power. I am indebted to Professors Gerald E. Wheeler of San Jose State College and Armin Rappaport of the University of California, San Diego, who di rected my research in the early stages, and to Professor Eric Bellquist of the University of California, Berkeley, for his criticism of the manuscript when it was in dissertation stage. To Professor Raymond J. Sontag I would like to pay special tribute for his guidance and inspiration through the years. The assistance of my mother, Mrs. Sue Hitchman, is deeply appreciated. My thanks go also to the staffs at the Library of the U. S.
To most Americans, homicide appears to be a random act, one committed by a deranged and irrational killer in a haphazard, unpredictable manner. Murder is seen as a chaotic, disorganized act beyond the realm of reason. In Wicked Deeds, James O'Kane shows that homicide is actually rather predictable, and patterned with respect to its assailants and victims, the circumstances in which it takes place, the time and location where it occurs, and the motives which precipitate the murderous act. Engagingly written and solidly grounded in evidence, this is a definitive study of murder in the United States. O'Kane explores the phenomena of homicide, illustrating the journalists' "who, what, why, when, and where" of murder. He differentiates criminal homicide, such as murder in the first and second degree, from other types of killings, including legal and quasi-legal killings. These include suicide, abortion, accidental death, terrorism, and other non-criminal types of homicide, such as justifiable and excusable homicide. The author's focus is criminal homicide, and he uses age, sex, race, and socioeconomic status, as well as demographic data to explain ever-recurring patterns of murder in the United States. Wicked Deeds analyzes numerous categories of murder: intimate partner homicide, child and family murders, multiple victim killings, including mass murder and serial homicide. Each type of murder is illustrated by accounts of actual murders reported in the media and on internet sites. Approximately 200 cases illustrate the typical homicides as well as the bizarre ones. In portraying the patterns and regularities of murder in the United States, Wicked Deeds is an essential treatment of a subject too often given over to sensationalism. It will be of keen interest to professionals and students of criminal justice, as well as those interested in American culture and the general reader who wants to grasp the patterns underlying the headlines.
Rock music today is universal and its popular history is well known. Yet few know how and why it really came about. Taking a fresh look at events long overlooked or misunderstood, this book tells how some of the most disenfranchised people in a free and prosperous nation strove to make themselves heard--and changed the world. Describing the genesis of rock and roll, the author covers everything from its deep roots in the Mississippi Delta, key early figures, like deejay "Daddy-O" Dewey Phillips and gospel star Sister Rosetta Tharpe, and the influence of so-called "holy rollers" of the Pentecostal church who became crucial performers--Elvis Presley, Jerry Lee Lewis and Little Richard.
This book provides the first comprehensive critical analysis of the regulation of naval weapons during armed conflict. It examines the experience this century with the use of naval mines, submarines and anti-ship missiles, the three main naval weapons. The sources of international law relevant to an assessment of the law, that is the extant conventions, state practice, military manuals, war crimes prosecutions, and the opinions of publicists, are each extensively examined so that a clear picture of the law emerges. The book examines the impact of agreements drawn up in peacetime on wartime conduct and focuses on the growth of law through customary practice. While stating the law as it is today, it also provides suggestions for the practical development of the law.
“This will be a fight against overwhelming odds from which survival cannot be expected. We will do what damage we can.” With these words, Lieutenant Commander Robert W. Copeland addressed the crew of the destroyer escort USS Samuel B. Roberts on the morning of October 25, 1944, off the Philippine Island of Samar. On the horizon loomed the mightiest ships of the Japanese navy, a massive fleet that represented the last hope of a staggering empire. All that stood between it and Douglas MacArthur’ s vulnerable invasion force were the Roberts and the other small ships of a tiny American flotilla poised to charge into history. In the tradition of the #1 New York Times bestseller Flags of Our Fathers, James D. Hornfischer paints an unprecedented portrait of the Battle of Samar, a naval engagement unlike any other in U.S. history—and captures with unforgettable intensity the men, the strategies, and the sacrifices that turned certain defeat into a legendary victory. BONUS: This edition includes an excerpt from James D. Hornfischer's Neptune's Inferno. Praise for The Last Stand of the Tin Can Sailors “One of the finest WWII naval action narratives in recent years, this book follows in the footsteps of Flags of Our Fathers. . . . Exalting American sailors and pilots as they richly deserve. . . . Reads like a very good action novel.”—Publishers Weekly “Reads as fresh as tomorrow's headlines. . . . Hornfischer's captivating narrative uses previously classified documents to reconstruct the epic battle and eyewitness accounts to bring the officers and sailors to life.”—Texas Monthly “Hornfischer is a powerful stylist whose explanations are clear as well as memorable. . . . A dire survival-at-sea saga.”—Denver Post “In The Last Stand of the Tin Can Sailors, James Hornfischer drops you right into the middle of this raging battle, with 5-inch guns blazing, torpedoes detonating and Navy fliers dive-bombing. . . . The overall story of the battle is one of American guts, glory and heroic sacrifice.”—Omaha World Herald
A Brief Guide to Maritime Strategy is a deliberately compact introductory work aimed at junior seafarers, those who make decisions affecting the sea services, and those who educate seafarers and decision-makers. It introduces readers to the main theoretical ideas that shape how statesmen and commanders make and execute maritime strategy in times of peace and war. Following in the spirit of Bernard Brodie's Layman's Guide to Naval Strategy, a World War II-era book whose title makes its purpose plain, it will be a companion volume to such works as Geoffrey Till's Seapower and Wayne Hughes's Fleet Tactics and Coastal Combat, the classic treatise that explains how to handle navies in fleet actions. It takes the mystery out of maritime strategy, which should not be an arcane art for practitioners or policy-makers, and will help the next generation think about strategy.
Defining "genocide" as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity—clearly identifying the factors that produced the attitudes and behaviors that led to them—discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. Written by an expert on international politics and law, Genocide, Mass Atrocity, and War Crimes in Modern History: Blood and Conscience is an easy-to-understand resource that explains why genocides and other atrocities occur, why humanity saw the need to create rules that apply during war, and how culture, rules about war, and the nature of war intersect. The first volume addresses the history and development of the normative regime(s) that define genocide and mass atrocity. Through a comparative study of historical cases that pay particular attention to the factors involved in producing the attitudes and behaviors that led to the incidents of mass slaughter and mistreatment, the author identifies the reasons that genocides and mass atrocities in the 20th century were largely ignored until the early 1990s and why even starting then, responses were inconsistent. The second book discusses why rules in war exist, which factors may lead to the adoption of rules, what defines a war "crime," and how the five fundamental principles laid out in the Geneva Conventions and other international agreements have actually functioned in modern warfare. It also poses—and answers—the interesting question of why we should obey rules when our opponents do not. The final chapter examines what actions could serve to identify future situations in which mass atrocities may occur and identifies the problems of timely humanitarian intervention in international affairs.
Dangerous to Know documents murders known and not so well known, conmen and their victims, street gangs of the early twentieth century, crime lords of the 1920s, dock wars of the 1970s, bikers, sex offenders, and the drug gangs of today as well as the wrongly accused and wrongly convicted. They're all here, as well as some of the police, lawyers and judges who have tried to deal with them.
While some have argued that neutrality has become irrelevant, this volume asserts that neutrality continues to be a key concept of the law of armed conflict. Neutrality in Contemporary International Law details the rights and duties of neutral states and demonstrates how the rules of neutrality continue to apply in modern day conflicts.
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