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A Normative Approach to War: Peace, War, and Justice in Hugo Grotius A Normative Approach to War: Peace, War, and Justice in Hugo Grotius
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A Normative Approach to War: Peace, War, and Justice in Hugo Grotius
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Contributors: Onuma Yasuaki
Format: Hardback
Publisher: Oxford University Press
Language: English
Dimensions: 22.00 X 3.00 X 15.00
Shipping Weight: 0.740(Kg)
Publisher Code: 9780198257097
Date Added: 2018-08-03
Search Category: International
Jurisdiction: International
Publish Country: United Kingdom
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.

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.

 
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