International law; Natural law; War (International law)
The earliest attempt to formulate recognized international customs
was the formation of the early maritime codes, rendered necessary by
the expansion of mediæval commerce from the end of the eleventh to
the end of the sixteenth century, such as the "_Jugemens d' Oléron_,"
adopted by the merchants of France, England, and Spain, and reissued
under other names for the merchants of The Netherlands and the Baltic.
"_The Consolato del Mare_," a more elaborate compilation, was made,
apparently at Barcelona, about the middle of the fourteenth century,
and accepted generally by the traders of the chief maritime powers. It
was in the cradle of commerce, therefore, that international law awoke
to consciousness.
As the Church was often intrusted with the task of pacification, it
is but natural to look among her representatives for the earliest
writers on the laws of international relations. It is, in fact, among
the theological moralists that we find the first students of this
subject. As early as 1564, a Spanish theologian, Vasquez, conceived
of a group of free states with reciprocal rights regulated by _jus
naturale et gentium_, without regard to a world-power, either imperial
or ecclesiastical. In 1612, Saurez pointed out that a kind of customary
law had arisen from the usages of nations, and distinctly described a
society of interdependent states bound by fundamental principles of
justice.
At the close of the fifteenth and the beginning of the sixteenth
centuries, a series of circumstances arose necessitating the extension
of jurisprudence beyond its ancient boundaries, and thus tending to
produce a group of international jurists. Among the juristic writers
of this time are Balthazar Ayala, a Spanish jurisconsult, who died in
1584, having written in a historico-judicial spirit on the subject
of war in his "_De Jure et Officiis Belli_"; Conrad Brunus, a German
jurist, who wrote of the rights and duties of ambassadors in his
"_De Legationibus_," published in 1548; and pre-eminent above all,
Albericus Gentilis, an Italian professor of jurisprudence and lecturer
at Oxford, a writer of force and originality, who published his "_De
Legationibus_" in 1583 and his "_De Jure Belli_" in 1589.
III. THE LIFE AND PERSONALITY OF GROTIUS.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account