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International Journal of Law and Management

Political Theory and Jurisprudence in Gentili's De Lure Belli. The Great Debate Between 'Theological' and 'Humanist' Perspectives from Vitoria to Grotius

Diego Panizza
University of Padua
Abstract :

The title of my talk is “Political Theory and Jurisprudence in Gentili’s De Iure Belli. The great debate between theological and humanist perspectives from Vitoria to Grotius”. I would like first to stress the comparative novelty of the topic. With his masterpiece on the law of war (1588/1598), Gentili is rightly famous for the crucial part he played in the emergence of international law as an independent legal discipline. However, the interpretation of his thought has been until recently the intellectual reserve of international lawyers, who have tended to reconstitute a teleological history of the discipline, superimposing on the past the theoretical consensus of the present, or some polemical version of what that consensus should be. Thus, according to this fashion, past authors were usually inducted into the canon of the discipline as precursors or forbears, each wearing a label conveniently summarising his “contribution”. 

Keywords :
War, justice, Pre-emptive self-defence vs. necessary self-defence

Date Deposited : 18 Mar 2016 15:06

Last Modified : 18 Mar 2016 15:06

Official URL: http://www.iilj.org/publications/

Volume 2005, Number 15, - 2005 , ISSN 1552-6275

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