Roman law in the state of nature : the classical foundations of Hugo Grotius' natural law / Benjamin Straumann ; translated by Belinda Cooper.
Cambridge, United Kingdom : Cambridge University Press, 2015.
xvi, 268 pages ; 24 cm.
Ideas in context ; 108.
Formatted Contents Note
Natural law in historical context A novel doctrine of the sources of law : nature and the classics The influence of classical rhetoric on Grotius' method Social instinct or self-preservation? Justice for the state of nature : from Aristotle to the Corpus Iuris Grotius' concept of the state of nature Roman remedies in the state of nature Natural rights and just wars Enforcing natural law : the right to punish.
"Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ this Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in 17th-century early modern Europe"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 235-250) and index.
K457.G7 S77 2015
9781107092907 hardback 1107092906 hardback 1107087627 hardback 9781107087620 hardback