A Normative Approach to War

Peace, War, and Justice in Hugo Grotius

By: Onuma Yasuaki (Editor)

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Hardcover | 1 August 2001

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Hardcover
440 Pages

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22.86 x 14.61 x 3.18

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Hugo Grotius the great Dutch international lawyer and theorist, is often portrayed as a man who, in his most famous work De June Belli ac Pacis, indulged a passion for the abstract by constructing a theoretical model of international law and international society divorced from reality. In this pioneering book, the work of a team of distinguished Japanese academics, a very different interpretation is proposed and defended. Grotius had in mind not a bookish theory, but above all a practically oriented treatise which aimed at regulating and restraining war. By scrutinizing the text and its key concepts, the authors demonstrate that this was in fact the case and that Grotius was largely successful in his aims.
In this powerful and illuminating set of essays the authors also take the opportunity afforded by their study of Grotius to reflect upon the Eurocentric bias of the historiography of international law, tacitly shared even by contemporary academics.

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`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law Journal

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Editorial Policy	p. xiv
List of Figures	p. xvii
Contributors and Collaborators	p. xviii
Introduction	p. 1
Grotius's Method: With Special Reference to Prolegomena	p. 11
Introduction	p. 11
Dialectic of Law	p. 14
The Construction of a Jurisprudence: Grotius's Attempt to Systematize Law	p. 20
The Prolegomena and the Design of JBP	p. 24
Grotius's Concept of Law	p. 32
Introduction	p. 32
Jus	p. 32
Natural Law and Volitional Law	p. 38
Basic Legal Concepts	p. 47
The Relation between Various Laws	p. 51
Conclusion	p. 55
War	p. 57
Definition and Lawfulness of War	p. 57
Just Causes of War	p. 77
Authors of War	p. 98
State and Governing Power	p. 122
Introduction	p. 122
The State	p. 125
Supreme Governing Power	p. 133
The Right of Resistance and Subordinate Rulers	p. 143
Conclusion	p. 144
Dominium and Imperium	p. 147
Introduction	p. 147
The Evolution of Dominium and Rights Common to All Men: 11. ii	p. 148
Original Acquisition of the Right over Corporeal Things: 11. iii and iv	p. 151
Original Acquisition of the Right over Persons: 11. v	p. 156
Derivative Acquisition: 11. vi and vii	p. 159
Acquisition under the Law of Nations: 11. viii	p. 164
Extinction of Dominium and of Imperium: 11. ix	p. 166
Obligations Arising from Dominium: 11. x	p. 167
Conclusion: Grotius as the 'Father of Private Law Theory Based on Natural Law'	p. 167
Agreement	p. 174
Introduction	p. 174
The History of the Concept of the Binding Force of Agreements	p. 176
Grotius's Theory of Promise and Agreement	p. 187
Evaluation of the Theory of Agreement in JBP	p. 211
Punishment	p. 221
Introduction	p. 221
Punishment in General	p. 223
Punitive War	p. 231
Conclusion	p. 240
The Laws of War	p. 244
Significance and Structure of the Laws of War	p. 244
Rules of Natural Law	p. 247
The Scope and Application of the Law of Nations	p. 252
External Effects under the Law of Nations	p. 257
Demands for Internal Justice in an Unjust War	p. 272
Temperamenta (Moderation)	p. 276
The Problem	p. 276
Unjust War	p. 277
Temperamenta	p. 281
The Law of Nations, Internal Justice, and the Law of Love	p. 294
Grotius and the Laws of War in Modern International Law	p. 304
Agreements between Nations: Treaties and Good Faith with Enemies	p. 308
Introduction	p. 308
Treaties and Sponsions (Public Agreements)	p. 309
Fides between Enemies	p. 315
Admonitions to Preserve Faith and Peace	p. 328
Conclusion	p. 330
Conclusion: Law Dancing to the Accompaniment of Love and Calculation	p. 333
JBP: A Book with a Practical Aim	p. 333
The Realities of War in JBP	p. 334
Grotius's Normative Approach	p. 338
A Multi-layered Normative Structure	p. 340
'Systematic' Presentation of Just Causes of War	p. 351
The Position of JBP in the History of International Law	p. 357
Eurocentrism in the History of International Law	p. 371
Bibliography	p. 387
Subject Index	p. 413
Name Index	p. 419
Index of Latin Terms	p. 420
Table of Contents provided by Syndetics. All Rights Reserved.

A Normative Approach to War

Peace, War, and Justice in Hugo Grotius

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

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