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This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
List of contents
Introduction; 1. Natural law in historical context; 2. A novel doctrine of the sources of law: nature and the classics; 3. Proving natural law: the influence of classical rhetoric on Grotius' method; 4. Social instinct or self-preservation?; 5. Justice for the state of nature: from Aristotle to the Corpus Iuris; 6. Grotius' concept of the state of nature; 7. Natural rights: Roman remedies in the state of nature; 8. Natural rights and just wars; 9. Enforcing natural law: the right to punish; Epilogue; Bibliography; Index.
About the author
Benjamin Straumann is Alberico Gentili Fellow at New York University School of Law. He is the editor, with Benedict Kingsbury, of Alberico Gentili's The Wars of the Romans: A Critical Edition and Translation of De armis Romanis (2011). With Nehal Bhuta and Anthony Pagden, Straumann edits the new series in the History and Theory of International Law for Oxford University Press.
Summary
This comprehensive analysis of the foundations of Hugo Grotius' natural law theory assesses for the first time the importance of texts from classical antiquity, especially Roman law and a specifically Ciceronian brand of Stoicism, and explores the significance of the Roman tradition for Grotius, a humanist steeped in Roman law.
