Jus Gentium in Humanist Jurisprudence

Susan Longfield Karr, Ph.D. (2008), University of Chicago, is an Assistant Professor of History at the University of Cincinnati, where she teaches courses on the European Renaissance, the intersections of political and legal thought, the history and development of rights, and Early Modern Europe.

• AcknowledgementsList of FiguresIntroduction Historical Imagination, Collective Memory, and the Historicization of Roman Lawpart 1Guillaume Budé: Jus, Justice, and Dignity1 Setting the Scene Justinian’s Digest and University-Based Jurisprudence1 Corpus iuris civilis: Composition and Transmission2 Law before Lawyers3 Reform, Revolution, and Rediscovery4 Modus docendi: The Methods of the Schoolmen and the Advent of the Studia humanitatis2 Excavating, Restoring, and Redefining Jus at the Foundations of Humanist Jurisprudence1 A Humanist, Not a Lawyer2 The 1508 Annotationes: Answering—and Amplifying—the Call for Change3 Hidden in Plain View: Radical Departure, Traditional Scholarship4 Splitting Good from Fair: Accursius’ Error and Budé’s Entanglement5 The Proper Method for Studying and Interpreting the Law6 Jus as a Defining Characteristic of Justice and Man qua Man7 Jus Has Been Given to All Mankind8 Significance of Budé’s Re-interpretation of Jus and Jus Gentiumpart 2Ulrich Zasius: Jus, Jus Gentium, and Rights3 Re-defining Jus to Restore Justitia Ulrich Zasius’ Methods in Word and in Action1 Humanist First, a Lawyer Second2 Combining Methods: Historicizing Law to Observe Justice3 In Praise of the Law: A True and Useful Science4 Theory Meets Practice: Zasius Explains His Methods5 Ordinary Lecture, Exceptional Interpretation6 ‘What Is Justice; What Is Jus?’7 The Historical Necessity for and the Moral Authority of Lawyers and Jurists8 ‘In What Manner Is Justice Divided?’9 Methods in Action: Ex fontibus ad initium4 Breaking with Tradition Jus Gentium as a Source of Universal Rights and Obligations1 Disentangling Jus Gentium, Defining Natural Law2 Defining Natural Law and Jus Gentium3 The First Three Qualities of Natural Law: Instruction, Sociability, and Preservation4 Jus Gentium as the Fourth Quality of Natural Law5 Before and Beyond the Lectern: Pairing Zasius’ Lecture and Lucubrationes6 Elevating Jus Gentium7 Distinct, but Not Divided: The Double-Aspect of Jus Gentium8 Universal, but Not Unlimited: The Right to Resist and the Power to Punish9 Jus Gentium as a Cache of Universal Rights10 Jus Gentium as a Cache of Universal Obligations11 The Limits of Slavery12 The Trouble with Tyranny13 Implications of Zasius’ Re-interpretation of Jus Gentiumpart 3Andrea Alciati: Jus, Violence, and Imperium5 Self-Evident Truths and Demonstrable Facts Power, Politics, and Persuasion1 Lawyer First, Humanist Second2 Law and Violence: Alciati’s Career in Context3 The Art of Justice, the Power of Speech, and the Necessity of Jurists6 The Tenacity of Violence and the Parity of Right Alciati’s [Re-] Interpretation ofJus, Jus Gentium, and Natural Law1 Equality Through Enmity: War-Making as State-Making2 Changing the Subject: Alciati’s Radical Departure from His Humanist Peers3 The Trouble with Imperium: Alciati’s Novel Departure from His Scholastic Predecessors4 Jus as Necessity in Action5 Homicide, Commerce, and War: Meticulous Meditations on Proximate and Remote Cause6 Slavery as a Marker of Imperium7 Rulers and Brigands; Superior and Inferior Princes8 Universal Empire Rejected9 Imperium Interrupted10 Contests Among Equals: Dueling as an Analogy to War11 The Practical Significance of Alciati’s Novel Re-interpretation of Jus Gentium in Context12 Jus as a Marker of Equality in Humanist JurisprudenceConclusion The Re-formation of Europe and the Turn to Jus GentiumAppendix: Select EmblemsBibliographyIndex