The development of the Spanish Navy in the early modern Mediterranean triggered a change in the balance of political and economic power for the coastal populations of the Hispanic Monarchy. The establishment of new permanent squadrons, endowed with very broad jurisdictional powers, was the cause of many conflicts with the local authorities and had a direct influence on the economic and production activities of the region. Manuel Lomas analyzes the progressive consolidation of these institutions in the sixteenth and seventeenth centuries, their influence on the mechanisms of justice and commerce, and how they contributed to the reconfiguration of the jurisdictional system that governed the maritime trade in the Mediterranean.
The authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological antichretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. There was only one substantive difference: in classical Roman law, protection of the debtor was emphasized, whereas in the Greek papyrological antichretic contracts the position of the creditor was favoured. Given the similarities found, the authors conclude that antichretic loan both as an independent legal institution and as a pactum antichreticum was a pan-Mediterranean legal concept.
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This research note announces and briefly describes a new five-year project to prepare a census bibliography of the first ten editions of Grotus’s De iure belli ac pacis (ibp). The resulting book will be published in 2025, the 400th anniversary of ibp’s first appearance. The project is sponsored by the Deutsche Forschungsgemeinschaft and hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.
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.
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.
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.
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.