Overview

The purpose of this work is to present a comprehensive view of Hugo Grotius's main work De Jure Belli ac Pacis, a view based on the text. Its main argument shows that, far from being a bookish theoretician indulging himself in the construction of an abstract system, Grotius had in mind, above all, a practically oriented treatise aiming about all at 'regulating and restraining war'. At the same time the authors take the opportunity to re-examine the historiography of international law with its anachronistic Eurocentric bias.

Full Product Details

Author:   Onuma Yasuaki (Professor of International Law, Professor of International Law, Tokyo University)
Publisher:   Oxford University Press
Imprint:   Clarendon Press
Dimensions:   Width: 14.40cm , Height: 3.10cm , Length: 22.40cm
Weight:   0.733kg
ISBN:  

9780198257097

ISBN 10:   0198257090
Pages:   440
Publication Date:   08 July 1993
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Grotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of JBP ; Grotius' concept of law, Tanaka Tadashi - Jus , natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; dominium and imperium , Yanagihara Masaharu - the evolution of dominium and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under the law of nations , extinction of dominium and imperium , obligations arising from dominium , Grotius as the father of private law theory based on natural law ; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in JBP ; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; temperamenta (moderation), Tanaka Tadashi - the problem, unjust war, temperamenta , the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), fides between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - JBP a book with a practical aim, the realities of war in JBP , Grotius' normative approach, a multi-layered normative structure, systematic presentation of just causes of war, the position of JBP in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.

Reviews

'Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law Journal

`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law Journal

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