Results 11 to 20 of about 17,371 (164)

Grotius’s Sources of Ius Gentium Slavery

Grotiana
Abstract Grotius’s discussion on slavery exhibits a dual character, as it is based on natural law on the one hand, and on ius gentium on the other. This article focuses on the sources used by Grotius in his search for the rules of ius gentium on war slavery, and compares Grotius’s insights with the works of some of his contemporaries.
openaire   +3 more sources

‘Would any of them have suffered from a guilty conscience if they had won?’: Rudolf Wiethölter and post‐Second World War German law1

Journal of Law and Society, Volume 50, Issue 4, Page 500-516, December 2023., 2023
Abstract This article reads the theory of law of the Frankfurter jurist Rudolf Wiethölter as an ambitious attempt to realize through law the indispensable radical democratization of post‐Second World War German society. The occasion was provided by the resurgence of critical theory and the subsequent and related emergence and affirmation of the student
DOMENICO SICILIANO
wiley   +1 more source

Equity before ‘Equity’

The Modern Law Review, Volume 86, Issue 1, Page 85-121, January 2023., 2023
The notion of ‘equity’ is undergoing conceptual repositioning in international law today, embracing individuals as well as states and gaining an association with human rights and the politics of protest. In the context of these developments, the present paper enquires into the premodern roots of this ancient and rich term through three historical ...
Stephen Humphreys
wiley   +1 more source

Law‐books, concomitant texts and ethnically framed legal pluralism on the fringes of post‐Carolingian Europe: northern Italy and Catalonia around 1000

Early Medieval Europe, Volume 30, Issue 4, Page 536-557, November 2022., 2022
Around 1000, a new type of law‐book emerged in Catalonia and northern Italy that attests to new ways of handling legal material. Incorporating in full the Visigothic and Lombard law codes, respectively, these law‐books provided a base for studying and interpreting old law through comments, glosses etc., addressing new users such as lay judges.
Stefan Esders
wiley   +1 more source

Conquest by Contract: Property Rights and the Commercial Logic of Imperialism in the Isthmus of Tehuantepec (Southern Mexico)

Bulletin of Latin American Research, Volume 41, Issue 4, Page 557-572, September 2022., 2022
Property rights and contracts were important to the legal foundations of the Spanish Empire from the sixteenth century. The recognition of the property rights of indigenous people was part of the legal foundations of empire, but offered weak protection from the commercial logic of imperialism.
Julia McClure
wiley   +1 more source

RECONSIDERING THE RELATIONSHIP BETWEEN VITORIA AND GROTIUS’S CONTRIBUTIONS TO THE INTERNATIONAL LAW AND NATURAL LAW TRADITIONS

Journal of Religious Ethics, Volume 49, Issue 1, Page 159-187, March 2021., 2021
Abstract In light of recent reevaluations of the work of Hugo Grotius, this essay analyzes the respective roles of Francisco de Vitoria and Grotius in the construction of the “Grotian tradition” of international law and human rights. In contrast to conventional accounts which understand the two within a progression, this essay argues that Vitoria and ...
John E. Carter
wiley   +1 more source

What use has approved

Ratio, Volume 33, Issue 4, Page 220-231, December 2020., 2020
Abstract The meaning of a word is given by a customary rule for its use. I defend that claim and explain its implications by a comparison with customary rules in law. I address two problems about customary rules: first, how can the mere facts of social practice yield a norm?
Timothy Endicott
wiley   +1 more source

O passado revolucionário: descolonizando o direito e os direitos humanos [PDF]

, 2013
Combining a radical revision of the historical formation of occidental law with perspectives derived from decolonial thought, this paper advances a deconstruction of occidental law. That deconstruction is then brought to bear on human rights. Although
Fitzpatrick, Peter
core   +2 more sources

The revolutionary past: decolonizing law and human rights [PDF]

, 2013
Combining a radical revision of the historical formation of occidental law with perspectives derived from decolonial thought, this paper advances a deconstruction of occidental law. That deconstruction is then brought to bear on human rights.
Fitzpatrick, Peter
core   +1 more source

La cuestión de la moralidad del ius gentium en Francisco Suárez

Cauriensia, 2023
El artículo propone una relectura de la doctrina del derecho de gentes -ius gentium-conforme a la interpretación realizada por Suárez en el libro segundo del De Legibus.
Ángel Poncela-González
doaj   +1 more source