donderdag, december 17, 2020

CHAPTER: “Peace and Law”. In: I. DINGEL, M. ROHRSCHNEIDER, I. SCHMIDT-VOGES, S. WESTPHAL & J. WHALEY (Hrsg.). Handbuch Frieden im Europa der Frühen Neuzeit. Peace in Early Modern Europe. A Handbook [Reference] (Berlin/Boston: De Gruyter Oldenbourg, 2021), pp. 113-130. ISBN 9783110588057


(image: cover; source: DeGruyter)

Abstract:
Peace is a political construct in the early modern period. War was viewed as a process whereby two sovereign states pursued their rights by violence or artifice. Domestic and international law were intertwined in legal doctrine. Authors of natural law-treatises incorporated an ought-dimension in their writings to describe the framework in which sovereigns should act according to a systematic analysis of a morally established hierarchy. This chapter first provides an elementary overview of sources and historiographical traditions (I). Second, it presents the classical canon of doctrine, from Spanish neo-scholastics (Vitoria) to so-called positivism (Martens), as it developed in relation to the broader intellectual, religious and institutional context as Humanism, Enlightenment, confessionalisation, and the Empire shaped thinking about war and peace (II). Finally, the chapter offers a brief overview of the practical use of legal arguments: treaty collections and repositories of pamphlets were used inpolitical practice in conjunction with classical authors such as Gentili, Grotius or Pufendorf (III).
More information with DeGruyter. Publication expected in October 2020. (DOI 10.1515/9783110591316-006). 

(update: published 7 December 2020)

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