Roman law in the state of nature the classical foundations of Hugo Grotius' natural law
Machine generated contents note: Introduction; 1. Natural law in historical context; 2. A novel doctrine of the sources of law: nature and the classics; 3.The influence of classical rhetoric on Grotius' method; 4. Social instinct or self-preservation?; 5. Justice for the state of nature: from A...
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| Format: | UnknownFormat |
| Sprache: | eng |
| Veröffentlicht: |
Cambridge, United Kingdom
Cambridge University Press
2015
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| Schriftenreihe: | Ideas in context
108 |
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Tag hinzufügen | Zusammenfassung: | Machine generated contents note: Introduction; 1. Natural law in historical context; 2. A novel doctrine of the sources of law: nature and the classics; 3.The influence of classical rhetoric on Grotius' method; 4. Social instinct or self-preservation?; 5. Justice for the state of nature: from Aristotle to the Corpus Iuris; 6. Grotius' concept of the state of nature; 7. Roman remedies in the state of nature; 8. Natural rights and just wars; 9. Enforcing natural law: the right to punish. "Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"-- "Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ this Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in 17th-century early modern Europe"-- |
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| Beschreibung: | Includes bibliographical references (pages 235-250) and index |
| Beschreibung: | xvi, 268 pages 24 cm |
| ISBN: | 9781107092907 978-1-107-09290-7 1107087627 1-107-08762-7 |