The Rights of War and Peace

Political Thought and the International Order from Grotius to Kant

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Author: Richard Tuck

Publisher: OUP Oxford

ISBN: 0191037427

Category: Law

Page: 256

View: 6388

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 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.

The Rights of War and Peace

Political Thought and the International Order from Grotius to Kant

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Author: Richard Tuck

Publisher: Clarendon Press

ISBN: 9780191542879

Category: Law

Page: 256

View: 6198

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.

The rights of war and peace

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Author: Hugo Grotius

Publisher: N.A

ISBN: 9780865974395

Category: Law

Page: 1988

View: 8968

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.

The Rights of War and Peace

Including the Law of Nature and of Nations

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Author: Hugo Grotius

Publisher: N.A

ISBN: N.A

Category: International law

Page: N.A

View: 9516

Hugo Grotius on the Law of War and Peace

Student Edition

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Author: Hugo Grotius,Stephen C. Neff

Publisher: Cambridge University Press

ISBN: 0521128129

Category: Law

Page: 548

View: 5323

Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.

The Rights of War and Peace

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Author: Hugo Grotius

Publisher: N.A

ISBN: 9781434413000

Category: Law

Page: 438

View: 7746

Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.

Kant and the Law of Peace

A Study in the Philosophy of International Law and International Relations

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Author: C. Covell

Publisher: Springer

ISBN: 0230501869

Category: Philosophy

Page: 237

View: 4823

Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.

Beyond the Anarchical Society

Grotius, Colonialism and Order in World Politics

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Author: Edward Keene

Publisher: Cambridge University Press

ISBN: 9780521008013

Category: History

Page: 165

View: 9261

Keene argues that international relations beyond the West were influenced by colonialism not international law.

States of War

Enlightenment Origins of the Political

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Author: David William Bates

Publisher: Columbia University Press

ISBN: 0231528663

Category: Political Science

Page: 272

View: 1262

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

The Prism of Just War

Asian and Western Perspectives on the Legitimate Use of Military Force

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Author: Professor Howard M Hensel

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409499510

Category: Political Science

Page: 292

View: 8657

Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.

War, Trade and Neutrality

Europe and the Mediterranean in the Seventeenth and Eighteen Centuries

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Author: Antonella Alimento

Publisher: FrancoAngeli

ISBN: 8856845148

Category: Business & Economics

Page: 266

View: 1221

Kant and International Relations Theory

Cosmopolitan Community-building

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Author: Dora Ion

Publisher: Routledge

ISBN: 1136334726

Category: Political Science

Page: 184

View: 8506

This book challenges popular international relations theories that claim to be based on the political writings of Immanuel Kant, and sheds new light on the philosopher's perspective on peace. Through an analysis of Kant's philosophical work and political traditions of his time, as well as of neglected concepts and theory, this book reappraises modern perspectives on his work. Kant advocated a cosmopolitan community building perspective of peace and international relations that considered issues that are now significant topics of debate such as state sovereignty and unequal access to resources. This book reveals how Kant's political views translate into a vision of international relations that cannot be associated with the democratic and neoliberal theories of peace which until now have claimed Kant's legacy. While the democratic peace theory continues to inspire policy-making, Kant's predictions on war and peace ultimately prove to be most appropriate for the current issues of globalization and diversity. Offering new insights into the meaning of peace and war in international relations, Kant and International Relations Theory is an invaluable resource for students and scholars of international relations and political theory, as well as for those interested in Kant's scholarship.

Rousseau and Hobbes

Nature, Free Will, and the Passions

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Author: Robin Douglass

Publisher: OUP Oxford

ISBN: 0191038032

Category: Philosophy

Page: 240

View: 976

Robin Douglass presents the first comprehensive study of Jean-Jacques Rousseau's engagement with Thomas Hobbes. He reconstructs the intellectual context of this engagement to reveal the deeply polemical character of Rousseau's critique of Hobbes and to show how Rousseau sought to expose that much modern natural law and doux commerce theory was, despite its protestations to the contrary, indebted to a Hobbesian account of human nature and the origins of society. Throughout the book Douglass explores the reasons why Rousseau both followed and departed from Hobbes in different places, while resisting the temptation to present him as either a straightforwardly Hobbesian or anti-Hobbesian thinker. On the one hand, Douglass reveals the extent to which Rousseau was occupied with problems of a fundamentally Hobbesian nature and the importance, to both thinkers, of appealing to the citizens' passions in order to secure political unity. On the other hand, Douglass argues that certain ideas at the heart of Rousseau's philosophy—free will and the natural goodness of man—were set out to distance him from positions associated with Hobbes. Douglass advances an original interpretation of Rousseau's political philosophy, emerging from this encounter with Hobbesian ideas, which focuses on the interrelated themes of nature, free will, and the passions. Douglass distances his interpretation from those who have read Rousseau as a proto-Kantian and instead argues that his vision of a well-ordered republic was based on cultivating man's naturally good passions to render the life of the virtuous citizen in accordance with nature.

Philosophy and Government 1572-1651

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Author: Richard Tuck

Publisher: Cambridge University Press

ISBN: 9780521438858

Category: History

Page: 386

View: 2479

This major new contribution to our understanding of European political theory will challenge the perspectives in which political thought is understood. Framed as a general account of the period between 1572 and 1651 it charts the formation of a distinctively modern political vocabulary, based on arguments of political necessity and raison d'etat in the work of the major theorists. While Dr. Tuck pays detailed attention to Montaigne, Grotius, Hobbes and the theorists of the English Revolution, he also reconsiders the origins of their conceptual vocabulary in humanist thought--particularly skepticism and stoicism--and its development and appropriation during the revolutions in Holland and France. This book will be welcomed by all historians of political thought and those interested in the development of the idea of the state.

Kantian Theory and Human Rights

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Author: Andreas Follesdal,Reidar Maliks

Publisher: Routledge

ISBN: 1135079382

Category: Political Science

Page: 232

View: 5133

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

War at a Distance

Romanticism and the Making of Modern Wartime

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Author: Mary A. Favret

Publisher: Princeton University Press

ISBN: 9781400831555

Category: Literary Criticism

Page: 280

View: 5037

What does it mean to live during wartime away from the battle zone? What is it like for citizens to go about daily routines while their country sends soldiers to kill and be killed across the globe? Timely and thought-provoking, War at a Distance considers how those left on the home front register wars and wartime in their everyday lives, particularly when military conflict remains removed from immediate perception, available only through media forms. Looking back over two centuries, Mary Favret locates the origins of modern wartime in the Napoleonic era and describes how global military operations affected the British populace, as the nation's army and navy waged battles far from home for decades. She reveals that the literature and art produced in Britain during the late eighteenth and early nineteenth centuries obsessively cultivated means for feeling as much as understanding such wars, and established forms still relevant today. Favret examines wartime literature and art as varied as meditations on the Iliad, the history of meteorology, landscape painting in India, and popular poetry in newspapers and periodicals; she locates the embedded sense of war and dislocation in works ranging from Austen, Coleridge, and Wordsworth to Woolf, Stevens, and Sebald; and she contemplates how literature provides the public with methods for responding to violent calamities happening elsewhere. Bringing to light Romanticism's legacy in reflections on modern warfare, this book shows that war's absent presence affects home in deep and irrevocable ways.

International Law in the U.S. Supreme Court

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Author: David L. Sloss,Michael D. Ramsey,William S. Dodge

Publisher: Cambridge University Press

ISBN: 1139497863

Category: Law

Page: N.A

View: 7006

From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

The Threat of Force in International Law

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Author: Nikolas Stürchler

Publisher: Cambridge University Press

ISBN: 1139464914

Category: Law

Page: N.A

View: 8026

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Empire by Treaty

Negotiating European Expansion, 1600-1900

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Author: Saliha Belmessous

Publisher: Oxford University Press

ISBN: 0199391807

Category: History

Page: 256

View: 3460

Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.

Natural Rights Theories

Their Origin and Development

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Author: Richard Tuck

Publisher: Cambridge University Press

ISBN: 9780521285094

Category: History

Page: 185

View: 6729

The origins of natural rights theories in medieval Europe and their development in the seventeenth century.