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Abstract

The complex nature of industrial design, which combines functional and aesthetic elements, allows for different modes of protection, with cumulative, separate or partially overlapping regimes applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. Over the last decade, the national courts of some Member States construed the “cumulative regime” with a peculiar meaning, while other courts enforced design rights in line with the interpretation given by the Court of Justice of the European Union. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the borderline between art and science. Other challenges which will need to be confronted urgently over the coming years are also raised.

In: Brill Research Perspectives in Art and Law

Abstract

This chapter gives a better understanding of Rousseau’s and Burlamaqui’s views on the education of princes by comparing their divergent answers to the question of what can be expected from individuals born to rule. It explores the meaning and the role of the law of nature and nations in Burlamaqui’s teaching and takes the examples of two Burlamaquian princes to measure the success of education based on the laws of justice and humanity: Prince Frederick of Hessen-Kassel and Prince Gustav (iii) of Sweden.

In: The Law of Nations and Natural Law 1625-1800

Abstract

This chapter provides an overview of the research on the reception of Barbeyrac’s, Burlamaqui’s and Vattel’s works on the law of nature and nations. It examines how these key texts of the école romande du droit naturel were received and used in eighteenth-century Italy. The peculiar situation in the Italian peninsula, marked by the presence of a plurality of very different political regimes, constituted the context for enlightened debates on natural law, diplomacy and the law of nations. Discussions were often stimulated by texts that came from outside Italy. These, translated and annotated, aroused considerable interest in theories on social contract, sovereignty, constitutions, and the relationship between state and religion. The école romande du droit naturel had a major impact on these debates.

In: The Law of Nations and Natural Law 1625-1800

Abstract

This chapter deals with the five-volume edition of Hugo Grotius’ De jure belli ac pacis, published in Lausanne by Marc-Michel Bousquet in 1751–1752, which has so far never been commented upon in the literature. This edition comprises the commentaries of Gronovius, of Barbeyrac, and of Heinrich and Samuel Cocceji (father and son). The latter’s annotations to Grotius’ work as well as the 12 dissertations of Samuel Cocceji, which make up the fifth volume of the edition, had previously been published in Breslau as Grotius illustratus. The first part of the chapter deals with the edition in the context of the teaching and literary activities of the Swiss school (or école romande) of natural law. The second part exposes the Coccejis’ radical and very pronounced critique of Grotius’ concept of the voluntary law of nations (jus gentium voluntarium) and attempts to show how this critique strengthened the naturalist account of the law of nations of Pufendorf and his successors, which was the predominant line of thought in the école romande. The Coccejis’ position seems, however, to have had no reception in the Swiss – and indeed in the broader European – context in the second half of the eighteenth century. This was probably largely due to the influence of Christian Wolff and Emer de Vattel, who resumed Grotius’ dualist account of the law of nations.

In: The Law of Nations and Natural Law 1625-1800

Abstract

The Peace of Westphalia had a profound impact on the early modern law of nations. Contrary to the still widespread myth of the ‘Westphalian system’, the Peace in many ways increased the scope for legally buttressed interventions in the domestic affairs of another state (the Holy Roman Empire), rather than reducing it. This occurred chiefly through an innovative application of the guarantee of an international treaty. Both guarantees and interventions were theorised by natural law authors in the context of their writings on the law of nations. This chapter explores how such writers assessed the Peace of Westphalia in general, and its international aspects in particular – chiefly its international and mutual guarantee – and compares it with the corresponding assessments by authors of other traditions, mainly that of ius publicum. While some natural lawyers allowed for interventions designed to protect foreign subjects, and therefore welcomed the ‘juridification’ of intervention resulting from the guarantee of the treaties of Westphalia, there was a widespread hostility to the guarantee as instrumentalized in practice, especially by France under Louis xiv. Writers of ius publicum similarly viewed the guarantee as a laudable instrument in theory, although they sought to set limits to its actual exercise in international politics, and warned against deriving from it a general right to intervene.

In: The Law of Nations and Natural Law 1625-1800

Abstract

This chapter explores the international political thought of Johann Jacob Schmauss (1690–1757) and Johann Gottlieb Heineccius (1681–1741). Their writings are discussed in the wider context of the natural law tradition (in particular in view of Hobbes, Pufendorf and Gundling). They illuminate their use and at the same time the limits of natural law regarding interstate relations. Whereas Schmauss attempted to reformulate the notion of ‘interest’ in view of the European state system, which in his view found its clearest expression in the balance of power, Heineccius had little hope of solving the inherent problems of the antagonistic state system. While Schmauss tried to demonstrate that the real interest of each European state was enshrined in and protected by the balance of power, Heineccius was, similar to Hobbes, much more sceptical as to whether the aggressive conduct of states could be overcome.

In: The Law of Nations and Natural Law 1625-1800
In: The Law of Nations and Natural Law 1625-1800
In: The Law of Nations and Natural Law 1625-1800

Abstract

This chapter discusses a textbook on the law of nations used at the Royal Danish Naval Academy around 1800. In addition to making the content of the textbook accessible to an international audience, the chapter also sets out its historical context, in a twofold manner: first, by giving an overview of the way in which the law of nations was received, appropriated and transmitted as an academic subject at the University of Copenhagen at the end of the eighteenth century; and second, by singling out a few topics – such as trade and neutrality – that were of special interest, given the political circumstances in which Denmark-Norway found itself and where it tried to maintain its status as a neutral sea-power.

In: The Law of Nations and Natural Law 1625-1800
In: The Law of Nations and Natural Law 1625-1800