This books tells the neglected story of the relationship between custom and the European natural law and ius gentium tradition. It explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so.
This books tells the neglected story of the relationship between custom and the European natural law and ius gentium tradition. It explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so.
Francesca Iurlaro is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law. She holds a PhD in Law from the European University Institute in Florence (2018). She graduated in the history of philosphy (University of Macerata, 2014) and has an LLM in Comparative, European and International Laws (European University Institute, 2015). She was a Global Postdoctoral Fellow at NYU School of Law (2019-2020). Her research interests include international legal thought, history of political thought, history and reception of natural law theories, law and literature, food ethics, and animal rights. In 2012 she was awarded the Alberico Gentili Prize for her Italian translation of and introduction to Alberico Gentili's Lectionis Virgilianae Variae Liber ad Robertum filium, a less-known commentary of Virgil's Eclogues published by the famous Italian jurist in 1603.
Inhaltsangabe
* Introduction: The 'Problematic' of Custom in the Natural Law and Ius Gentium Tradition * Part I. Custom, Conscience, and Natural Law * 1: The Problematic of Custom in Roman and Canon Law * 2: 'Like Beginners in Arabic'. Custom and Reason in Francisco de Vitoria's Doctrine of Ius Gentium * 3: Obligation through Agreement, Agreement on Obligation: Customary Ius Gentium as Expression of Will in Francisco Suárez * Part II. Rhetoric and Humanism: Historicizing Custom * 4: Custom as Historiography: Alberico Gentili * 5: A Literary History of Custom: Hugo Grotius * Part III. The 'Birth' of Customary Ius Gentium as an Independent Legal Regime * 6: A Turn Inward: the Europeanization of Customary Ius Gentium * 7: Custom in Concentric Circles: Samuel Pufendorf's Customary Ius Gentium between Glory and State Interests * 8: Christian Wolff and his Ius Gentium Consuetudinarium * 9: Vattel's Doctrine of Customary Law of Nations * Conclusion * Appendix
* Introduction: The 'Problematic' of Custom in the Natural Law and Ius Gentium Tradition * Part I. Custom, Conscience, and Natural Law * 1: The Problematic of Custom in Roman and Canon Law * 2: 'Like Beginners in Arabic'. Custom and Reason in Francisco de Vitoria's Doctrine of Ius Gentium * 3: Obligation through Agreement, Agreement on Obligation: Customary Ius Gentium as Expression of Will in Francisco Suárez * Part II. Rhetoric and Humanism: Historicizing Custom * 4: Custom as Historiography: Alberico Gentili * 5: A Literary History of Custom: Hugo Grotius * Part III. The 'Birth' of Customary Ius Gentium as an Independent Legal Regime * 6: A Turn Inward: the Europeanization of Customary Ius Gentium * 7: Custom in Concentric Circles: Samuel Pufendorf's Customary Ius Gentium between Glory and State Interests * 8: Christian Wolff and his Ius Gentium Consuetudinarium * 9: Vattel's Doctrine of Customary Law of Nations * Conclusion * Appendix
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