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Subjecting International Relations to the Law of Nature

A Neglected Aspect of the Early Modern Jurists and Edmund Burke

Camilla Boisen

In this article, I deal with the issue of how the early modern thinkers dealt, over time, with the question of 'international law' and its enforcement. To draw out Burke's underappreciated view of enforcement, it recounts the law of nations ideas by some of the main jurists of the period such as Vitoria, Gentili and Suárez. As is well known, their differentiation of the law of nations from the law of nature led to the gradual emergence of the legal principle and moral right of intervention to prevent gross violations of the natural law in the discourse of international justice. Such ideas were refined by Grotius, who largely equated international law with punishment, something Pufendorf and Vattel would later criticise. I argue that it is nevertheless Edmund Burke to whom we must look to bridge the two concerns of international law: authority and enforcement. Burke provided the conceptual scope needed to plausibly resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law. This way of looking at Burke is under-recognised and provides insight into some of the same concerns we face today with enforcement in international law.

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A Sacrament of Intellectual Self-Gratification

Giorgio Agamben swearing an Oath of his own State of Exception

Albert Doja

renders recognizable a special ‘momentary god’ ( Augenblicksgott ). Some strong claims of Agamben's archaeology of the oath are drawn heavily from the seventeenth-century German jurist Samuel Pufendorf, who dedicated to the oath a whole chapter of his

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A Timeless Measure of Who We Are?

Elena Isayev

theoretician Samuel von Pufendorf, for whom the admission of foreigners became determined by the host states’ own interest, and granted as a favor ( Pufendorf [1672] 1749 : book 3 at 3.251–252; Chetail 2016: 911 ). The position was further consolidated by the

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Conceptualizing an Outside World

The Case of “Foreign” in Dutch Newspapers 1815–1914

Ruben Ros

), a rhetorical figure that referred to foreign nations and was often used in the context of conflict and enmity. 26 This figurative use also appears in English and German texts. We find der Ausländer in Samuel von Pufendorf's Schwedisch und

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The iAnimal Film Series

Activating Empathy Through Virtual Reality

Holly Cecil

Turn: Human-Animal Relations in Science, Society and Culture . Lund, Sweden : The Pufendorf Institute for Advanced Studies . Decety , Jean . 2010 . “ The Neurodevelopment of Empathy in Humans .” Developmental Neuroscience 32 ( 4 ): 257 – 267

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Beyond Metaphor

Corporeal Sociability and the Language of Commerce in Eighteenth-Century Britain and France

Joseph D. Bryan

Schröder, 297–317 (Netherlands: Kluwer Academic Publishers, 2003); Istvan Hont, “The Language of Sociability and Commerce: Samuel Pufendorf and the Theoretical Foundation of the ‘Four-Stage’ Theory,” in The Languages of Political Theory in Early

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Territorial Sovereignty

A Discussion

Professor Anna Stilz and Interviewed by Dr Christine Hobden

theorists I draw on are what you might think of as proponents of colonialism, Grotius arguably, and some are opponents of colonialism: Pufendorf and Kant notably are critics of European colonialism. Especially in Kant's late work he talks about the barbarism

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Claims of Need in Property Law and Politics

Patrick Cockburn

). For subsequent natural law thinkers like Grotius, Hobbes and Pufendorf property rights were in the end based on a more basic imperative of the natural law that peace and human prosperity should be promoted, which, looking back on these arguments, seems

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Günter Grass's Literary Nationalism

The Kulturnation from Westphalia to Berlin

Alex Donovan Cole

claim with the reality of … the growing independence of territorial states.” 9 While she cites Hermann Conring and Samuel von Pufendorf as examples of jurists attempting to accomplish this reconciliation between idealism and reality, Greenfeld notes

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Rubrique comptes rendus (Book reviews)

Matthieu Béra, Dimitris Fofoulas, Jean-Louis Halpérin, and Warren Schmaus

penal law was the last part of legal phenomena to be submitted to a scientific reflection. In a very modern way, Durkheim noted the first and imperfect analyses of Grotius and Pufendorf and the importance of Beccaria's 1764 book, although he criticized