David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Oxford Journal of Legal Studies 31 (3):565-582 (2011)
In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status and its consequences have to be clarified. For Gentili on the other hand, sovereign states in their plurality are the pinnacle of the legal order(s). His model of a globally valid ius gentium then oscillates between being analogous to private law, depending on individual acceptance by states and being natural law, appearing in a certain sense as a form rather of morality than of law.
|Keywords||International law Global legal community Legal history Legal philosophy Alberico Gentili Francisco de Vitoria|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Aulis Aarnio (1978). Legal Point of View: Six Essays on Legal Philosophy. Helsingin Yliopisto.
Jean D'Aspremont & Frédéric Dopagne, Two Constitutionalisms in Europe: Pursuing an Articulation of the European and International Legal Orders.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
William L. Twining (2009). General Jurisprudence: Understanding Law From a Global Perspective. Cambridge University Press.
David T. Ritchie (2008). Mastering Legal Analysis and Communication. Carolina Academic Press.
James Boyle (ed.) (1992). Critical Legal Studies. New York University Press.
Pavlos Eleftheriadis (forthcoming). The Law of Laws. Transnational Legal Theory 1 (3).
Veronica Rodriguez-Blanco (2010). Objectivity in Law. Philosophy Compass 5 (3):240-249.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
James R. Maxeiner, The Rules of Law in the Reform of Legal Education: Teaching the Legal Mind in Japanese Law Schools.
Elena Pribytkova (2009). Personality, Person, Subject in Russian Legal Philosophy at the Turn of the Twentieth Century. Studies in East European Thought 61 (2/3):209 - 220.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Paul Schiff Berman (2012). Global Legal Pluralism: A Jurisprudence of Law Beyond Border. Cambridge University Press.
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
Added to index2011-06-16
Total downloads23 ( #71,290 of 1,096,521 )
Recent downloads (6 months)3 ( #93,642 of 1,096,521 )
How can I increase my downloads?