War, the State and International Law in Seventeenth-Century Europe

War, the State and International Law in Seventeenth-Century Europe PDF

Author: Olaf Asbach

Publisher: Routledge

Published: 2016-02-17

Total Pages: 288

ISBN-13: 1317000374

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One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

The Rights of War and Peace

The Rights of War and Peace PDF

Author: Hugo Grotius

Publisher:

Published: 2005

Total Pages: 884

ISBN-13:

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Since the nineteenth century, Hugo Grotius's 'Rights of War and Peace' has commonly been seen as the classic work in modern public international law, laying the foundation for a universal code of law. However, in the seventeenth century and during the Enlightenment, the work was considered a major work of political theory that strongly defended the rights of individual agents -- states as well as private persons -- to use their power to secure themselves and their property. Grotius's continuing influence owed much to the eighteenth-century French editor Jean Barbeyrac, whose extensive commentary was standard in most editions, including the classic, anonymously translated, English one (1738), which is the basis for the Liberty Fund edition. The present edition also includes the Prolegomena to the first edition of 'Rights of War and Peace' (1625); this document has never before been translated into English and adds new dimensions to the great work.

War and Competition Between States

War and Competition Between States PDF

Author: Philippe Contamine

Publisher: Oxford University Press on Demand

Published: 2000

Total Pages: 347

ISBN-13: 0198202148

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In the five hundred years covered by this volume there was scarcely a year which passed without either war or some open demonstration of hostility between the many sovereign powers which governed Europe. States and peoples lived under the shadow of war, were ceaselessly prompted to consider the possibility of war, had to find ways of dealing with the consequences of war. This volume in the Origins of the Modern State in Europe series focuses on the crucial role of war in the formationof state systems. It starts from the assumption that interstate rivalries and conflicts were at the heart not only of the demarcation of territories, but also of the ever-growing need to mobilize resources for warfare. Institutionalization was consequently highly dependent on such competition. It was for military reasons, and with military aims, that the state secured control of time and space, both at sea and on land. The Origins of the Modern State in Europe series arises from an important international research programme sponsored by the European Science Foundation. The aim of the series, which comprises seven volumes, is to bring together specialists from different countries, who reinterpret from a comparative European perspective different aspects of the formation of the state over the long period from the beginning of the thirteenth to the end of the eighteenth century. One of the main achievements of the research programme has been to overcome the long-established historiographical tendency to regard states mainly from the viewpoint of their twentieth-century borders.

War, Trade and the State

War, Trade and the State PDF

Author: David Ormrod

Publisher: Boydell & Brewer

Published: 2020

Total Pages: 348

ISBN-13: 1783273240

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A reassessment of the Anglo-Dutch wars of the second half of the seventeenth century, demonstrating that the conflict was primarily about trade.

The Rights of War and Peace

The Rights of War and Peace PDF

Author: Richard Tuck

Publisher: Oxford University Press

Published: 1999-11-11

Total Pages: 243

ISBN-13: 9786610445431

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The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example of the kind of agent which liberalism presupposes was provided by the modern state. As a result, the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

Space and Fates of International Law

Space and Fates of International Law PDF

Author: Ekaterina Yahyaoui Krivenko

Publisher: Cambridge University Press

Published: 2020-09-17

Total Pages: 215

ISBN-13: 1108488757

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The first analysis of the influence the concept of space exercised on the emergence and continuing operation of international law.

Intervention and State Sovereignty in Central Europe, 1500-1780

Intervention and State Sovereignty in Central Europe, 1500-1780 PDF

Author: Patrick Milton

Publisher: Oxford University Press

Published: 2022-10-20

Total Pages: 320

ISBN-13: 0192698982

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Interventions in other states on behalf of their subject populations is often portrayed as a novel phenomenon in state practice, one which breaches the old principle of sovereignty. But is this practice really so new? Patrick Milton argues that such interventions for the protection of other rulers' subjects occurred frequently as far back as the sixteenth, seventeenth, and eighteenth centuries. It is the first detailed study of interventions in the early modern period and focusses on central Europe, in particular the Holy Roman Empire. It therefore challenges the common view that in the period after the Peace of Westphalia (1648), the legal scope for, and occurrence of, intervention, were reduced. The book sheds new light on the geopolitical and legal interconnections between the old German Reich and Europe, while also providing comparative insights. It investigates the norms inherent in central European interventions and thereby contributes to a better understanding of the political and legal culture of the Empire, while also assessing the relative importance of geopolitical considerations in such undertakings.