Francisco de Vitoria
El presente artículo tiene por objeto hacer un examen preliminar de un manuscrito, hasta la fecha desconocido e inédito, del gran humanista y abogado internacional holandés Hugo Grocio. En dicho manuscrito, Grocio se ocupa, esencialmente,... more
El presente artículo tiene por objeto hacer un examen preliminar de un manuscrito, hasta la fecha desconocido e inédito, del gran humanista y abogado internacional holandés Hugo Grocio. En dicho manuscrito, Grocio se ocupa, esencialmente, de la formación de una sociedad civil basada en un arreglo contractual, y a su vez, examina los derechos y las obligaciones que emanan de ese pacto o contrato voluntario.
Research Interests:
"This text aims to analyse the notion of “hostility” in the sixteenth century Spanish thought. We will refer to Bartolomé de Las Casas and Ginés de Sepulveda texts. We seek to show how Spanish intellectuals perceived the American... more
"This text aims to analyse the notion of “hostility”
in the sixteenth century Spanish thought. We will refer to
Bartolomé de Las Casas and Ginés de Sepulveda texts. We
seek to show how Spanish intellectuals perceived the
American Indian in a contexto of confrontation and war. We
point out the differences between two discourses that try to
regulate relations with otherness"
in the sixteenth century Spanish thought. We will refer to
Bartolomé de Las Casas and Ginés de Sepulveda texts. We
seek to show how Spanish intellectuals perceived the
American Indian in a contexto of confrontation and war. We
point out the differences between two discourses that try to
regulate relations with otherness"
Research Interests:
Research Interests:
""""Concerned with the question of the normativity of law, the present volume collects essays on the authors of the "School of Salamanca". In this context, authors such as Vitoria, Soto, Las Casas, Sepúlveda, Covarrubias, Acosta,... more
""""Concerned with the question of the normativity of law, the present volume collects essays on the authors of the "School of Salamanca". In this context, authors such as Vitoria, Soto, Las Casas, Sepúlveda, Covarrubias, Acosta, Veracruz, Suárez, Molina and F. Vázquez have commented on the normative claim and validity of law. These interdisciplinary debates reached far beyond Europe and have a lasting influence on the modern understanding of law.
With English and German contributions by Georg Cavallar, Nils Jansen, Matthias Kaufmann, Hernán Neira, Merio Scattola, Christian Schäfer, Kurt Seelmann, Gideon Stiening and Jörg A. Tellkamp.""""
With English and German contributions by Georg Cavallar, Nils Jansen, Matthias Kaufmann, Hernán Neira, Merio Scattola, Christian Schäfer, Kurt Seelmann, Gideon Stiening and Jörg A. Tellkamp.""""
Research Interests:
"In 1603, Dutch Admiral Jacob van Heemskerk plundered a Portuguese merchantman, the Santa Catarina, travelling from Macao to Melaka. The sale of the cargo at a public auction made traders across Northern Europe aware of the riches to be... more
"In 1603, Dutch Admiral Jacob van Heemskerk plundered a Portuguese merchantman, the Santa Catarina, travelling from Macao to Melaka. The sale of the cargo at a public auction made traders across Northern Europe aware of the riches to be reaped from Asian trade. However, the episode raised legal questions and the United Dutch East India Company (VOC) commissioned the young Hugo Grotius to defend Heemskerk's actions. Grotius produced two classic legal texts, The Law of Price and Booty and its spin-off, The Free Sea, among the greatest works in the history of international legal and political thought. His observations dealt with free trade in the East Indies, the Dutch Republic's military conflict with the Portuguese and Spanish in Asia, and the legal and moral grounds for attacking and plundering Portuguese and Spanish mercantile shipping.
This book considers the background to the treaties then content and significances, and what Grotius actually knew about Southeast Asian politics and Portuguese institutions of trade and diplomacy when he wrote them.
Grotius' work on the freedom of the sea was a cornerstone in his enduring reputation as one of the founders of modern international law. The present book provides a valuable resource for historians of Southeast Asia and for students of international relations, political theory, maritime history and public law.
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This book considers the background to the treaties then content and significances, and what Grotius actually knew about Southeast Asian politics and Portuguese institutions of trade and diplomacy when he wrote them.
Grotius' work on the freedom of the sea was a cornerstone in his enduring reputation as one of the founders of modern international law. The present book provides a valuable resource for historians of Southeast Asia and for students of international relations, political theory, maritime history and public law.
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In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the... more
In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status and its consequences have to be clarified. For Gentili on the other hand, sovereign states in their plurality are the pinnacle of the legal order(s). His model of a globally valid ius gentium then oscillates between being analogous to private law, depending on individual acceptance by states and being natural law, appearing in a certain sense as a form rather of morality than of law.
Research Interests:
Research Interests:
"The Theses LVI belong to a series of hitherto unpublished early manuscripts of the Dutch humanist and jurisconsult Hugo Grotius (1583-1645) that were acquired by the University of Leiden in 1864. It is not certain when the Theses were... more
"The Theses LVI belong to a series of hitherto unpublished early manuscripts of the Dutch humanist and jurisconsult Hugo Grotius (1583-1645) that were acquired by the University of Leiden in 1864. It is not certain when the Theses were written, but preliminary research on the physical manuscript and the sources cited indicate two possible windows. The first is around 1602-1605, that is roughly at a time when Grotius was also working on his Commentary on the Law of Prize and Booty (De Iure Praedae Commentarius). The second dating places the genesis of the manuscrbipt around 1613-1615.
In the context of Grotius’ writings, the Theses LVI assume an important position for several reasons: They raise questions about state formation, the duty of citizens to the state and the right of political resistance in far greater detail than in any other work of the celebrated Dutch humanist. The Theses LVI also feature important reading notes that yield priceless insights into the sources that Grotius directly consulted and their influence on his ideas. The manuscript grants modern scholars a unique glimpse into the working mind of its author. Evidence points not only to the ferocious haste with which Grotius wrote his works, but also the occasional sloppiness of his reading and research habits.""""
In the context of Grotius’ writings, the Theses LVI assume an important position for several reasons: They raise questions about state formation, the duty of citizens to the state and the right of political resistance in far greater detail than in any other work of the celebrated Dutch humanist. The Theses LVI also feature important reading notes that yield priceless insights into the sources that Grotius directly consulted and their influence on his ideas. The manuscript grants modern scholars a unique glimpse into the working mind of its author. Evidence points not only to the ferocious haste with which Grotius wrote his works, but also the occasional sloppiness of his reading and research habits.""""