Peace, War, and Justice in Hugo Grotius
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Köp båda 2 för 2121 krWith the resurgence of Asian nations such as China, current West-centric international law is changing in the twenty-first century. There is a pressing need to address these changes within international legal studies and overcome potential conflic...
`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
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.