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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

Abstract

In the eighteenth-century German context, historia literaria (‘history of learning’) and encyclopaedias were the most prominent genres of general instruction in any subject of academic relevance. Since they formed a guide to young academics through the confusing world of academic erudition, from a historical point of view it is worthwhile to analyse which theoretical elements, authors and conceptual developments in the law of nations students and a non-specialized public got to know when they were introduced to the subject through textbooks and courses in these genres. The chapter deals with the following questions: 1. To which discipline did the law of nations belong according to the authors of the relevant compendia? 2. How did they define the law of nations? 3. Did they make a distinction between natural law and the law of nations, and how did they conceive the relationship between the natural law and the law of nations? 4. Which authors and which books did they principally present in the discussion of the law of nations? The analysis accounts for the development of the law of nations on the one hand, and for the way in which these developments were reflected in textbooks on the other.

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