Law, the State, and the International CommunityA leader in the development of modern international law. Originally published: New York: Columbia University Press, 1939-1940. 2 Vols. xxiv, 613; vi, 401 pp. Volume One: A Commentary on the Development of Legal, Political and International Ideals. Volume Two: Extracts Illustrating the Growth of Theories, and Principles of Jurisprudence, Government, and The Law of Nations. The author divides his subject into six main periods: The Greek Background, The Roman Heritage, The Christian Heritage (Ancient and Medieval), The Transition from Medieval to Modern Thought, The Era of Reform, The Beginning of the Modern Age. |
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Page 127
... natural law as something of which all positive law was but declaratory , as something by which actual rules were to be measured , to which so far as possible they were to be made to conform , by which new rules were to be framed and by ...
... natural law as something of which all positive law was but declaratory , as something by which actual rules were to be measured , to which so far as possible they were to be made to conform , by which new rules were to be framed and by ...
Page 132
... natural law , which thus became the foundation of the law applied between the independent communities ; or , to put it in more figurative language , the law of nature is the very root and trunk from which the law of nations has branched ...
... natural law , which thus became the foundation of the law applied between the independent communities ; or , to put it in more figurative language , the law of nature is the very root and trunk from which the law of nations has branched ...
Page 135
... natural law worked its way into Roman thought , and was used to explain , not only the foundation of individual and ... law has a more ultimate foundation than custom or convention — that it is founded in the very nature of things . The ...
... natural law worked its way into Roman thought , and was used to explain , not only the foundation of individual and ... law has a more ultimate foundation than custom or convention — that it is founded in the very nature of things . The ...
Page 136
... laws of existing communities . When viewed , however , in the light of the " natural law , " the jus gentium acquired a new significance . The common laws collected by the praetors were now believed to be based upon that natural law ...
... laws of existing communities . When viewed , however , in the light of the " natural law , " the jus gentium acquired a new significance . The common laws collected by the praetors were now believed to be based upon that natural law ...
Page 157
... natural law is sufficiently distinct.54 In describing the Ciceronian conception of natural law , Dr. Carlyle declares that for Cicero " Behind all actual laws and customs of men there exists a supreme and permanent law , to which all ...
... natural law is sufficiently distinct.54 In describing the Ciceronian conception of natural law , Dr. Carlyle declares that for Cicero " Behind all actual laws and customs of men there exists a supreme and permanent law , to which all ...
Contents
Defensor Pacis | 271 |
The Prince | 278 |
THE COURTIER | 295 |
Doctor and Student | 301 |
FRANCISCO DE VITORIA c 14831546 | 310 |
JEAN BODIN 153096 | 324 |
De Jure et Officiis Bellicis et Dis ciplina Militari | 353 |
ALBERICO GENTILI 15521608 | 363 |
107 | |
133 | |
137 | |
143 | |
158 | |
163 | |
165 | |
ST AUGUSTIne a d 354430 | 184 |
ST ISIDORE of Seville c 560636 and GraTIANS Decretum | 196 |
Policraticus | 206 |
ST THOMAS AQUINAS c 122574 | 213 |
DANTE ALIGHIERI 12651321 | 223 |
ITS INFLUENCE ON LAW AND POLITICS | 228 |
The Transition from Medieval to Modern Thought | 239 |
THE SURvival and Influence of ROMAN LAW AND JURISPRUDENCE | 241 |
The Law of Nature in the Modern World | 264 |
Pierino Belli 150275 His Relation to Vitoria and Gentili | 387 |
TYRANNY VERSUS LIBERTY | 393 |
The Era of Reform | 423 |
ST THOMAS MORE 14781535 | 425 |
CALVINISM | 452 |
MARTIN LUTHER 14831546 | 468 |
DESIDERIUS ERASMUS c 14661536 | 484 |
The Beginning of the Modern | 519 |
HUGO GROTIUS AND THE Mare Liberum | 521 |
ST ROBERT BELLARMINE 15421621 | 546 |
FRANCISco Suárez 15481617 | 558 |
RICHARD HOOKER c 15531600 | 570 |
EPILOGUE | 593 |
VOLUME Two Jurisprudence | 615 |
Right ius 4 Law and the human being 5 Reason and law 6 Morality and law 10 Conscience and law 16 Justice 18 Justice and law 27 LAW DEFINED ... | 619 |
BIBLIOGRAPHIES | 620 |
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Common terms and phrases
according ancient Aristotle Augustine authority Bodin Book called canon law cause century chap Christian Church Cicero citizens civil law Classical common conception custom declares Defensor pacis divine law doctrine duty Ecclesiastical Polity enemy English equity Erasmus established eternal law evil exist force Francisco de Vitoria Gentili Greek Grotius Hooker human law Ibid individual International Law iure belli ius gentium John of Salisbury judge jure belli jurisprudence jurists justice Justinian king law of nations law of nature law of reason legibus legislator liberty Loeb Classical Library Luther Machiavelli matter moral natural law observed officiis opinion peace persons philosophy Plato political possession praetor precepts previously cited prince principles Professor punishment question quotations Roman law Rome rule ruler society sovereign spirit Stoics Suárez theory things Thomas Aquinas tion trans treatise tyrant universal unjust virtue Vitoria
Popular passages
Page 179 - Wilt thou then not be afraid of the power ? do that which is good, and thou shalt have praise of the same : for he is the minister of God to thee for good. But if thou do that which is evil, be afraid ; for he beareth not the sword in vain : for he is the minister of God, a revenger to execute wrath upon him that doeth evil.
Page 176 - And he said, Woe unto you also, ye lawyers ! for ye lade men with burdens, grievous to be borne, and ye yourselves touch not the burdens with one of your fingers.
Page 178 - Again, the devil taketh him up into an exceeding high mountain, and sheweth him all the kingdoms of the world, and the glory of them; and saith unto him, All these things will I give thee, if thou wilt fall down and worship me.
Page 180 - For when the Gentiles, which have not the law, do by nature the things contained in the law, these having not the law, are a law unto themselves ; which shew the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the meanwhile accusing or else excusing one another,) in the day when God shall judge the secrets of men by Jesus Christ, according to.
Page 177 - Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law. and take away thy coat, let him have thy cloke also. And whosoever shall compel thee to go a mile, go with him twain. Give to him that asketh thee, and from him that would borrow of thee turn not thou away.
Page 613 - Guid faith he mauna fa' that! For a' that, and a' that, Their dignities, and a' that, The pith o' sense, and pride o' worth, Are higher rank than a" that. Then let us pray that come it may, As come it will for a' that; That sense and worth, o'er a' the earth, May bear the gree, and a' that. For a
Page 599 - ... there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate, yet the legislative being only a fiduciary power to act for certain ends, •'' there remains still in the people a supreme power to remove or alter the legislative, when they find the legislative act_ contrary to the trust reposed in them.
Page 129 - The vain titles of the victories of Justinian are crumbled into dust: but the name of the legislator is inscribed on a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in the immortal works of the CODE, the PANDECTS, and the...
Page 608 - There is no wealth but life — -life, including all its powers of love, of joy, and of admiration. That country is the richest which nourishes the greatest number of noble and happy human beings...
Page 37 - That which doth assign unto each thing the kind, that which doth moderate the force and power, that which doth appoint the form and measure, of working, the same we term a law.