EAN: 9783319594026

CATHOLIC AND REFORMED TRADITIONS IN INTERNATION...

This book compares the respective concepts of the law of nations put forward by the Spanish
theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on
the fact that both thinkers developed quite similar notions and were the first to depart from
the Roman conception  which persisted throughout the entire Middle Ages and the early
Renaissance. In Rome  jus gentium was a law that applied to foreigners within the Empire  and
one which was often mistaken for Natural Law itself. These two features can be found even in
the works of writers such as Francisco de Vitória and Alberico Gentili.In Suárez and Grotius 
the law of nations is applicable to an extra-national domain and inarguably becomes positive
law. Yet  it also contains an ethical element that prevents it from transforming into a mere
reflection of state interests.This work argues that this resemblance is hardly a coincidence:
Grotius has read Suárez  and that influence hasmodified the foundations of his early thoughts
on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in
both authors  the definition of the law of nations pursues his own internal logic. Nevertheless
Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings
that had remained unanswered. Accordingly  his oeuvre promises to clarify one of the most
significant moments in the History of International Law.

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