Natural Law, Civil Law, and International Law in Spinoza

2017 ◽  
pp. 293-301 ◽  
Author(s):  
Manfred Walther
Author(s):  
Anthony Carty

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.


Author(s):  
Alexander Batson

This chapter argues that the concept of equity plays a crucial role in Calvin’s early writings, especially in the Commentary on Seneca and the 1536 edition of the Institutes. Calvin embraces two distinct yet inseparable meanings of the term ‘equity’. One sense is as an interpretative principle of natural law, and the goal at which all civil law aims. The other sense is an application of the interpretative sense, in which a ruler or judge amends a civil law that is too strict or too general to take into account all the particularities of a certain case. Calvin’s concept of equity displays both his humanist legal training as well as the critical place of natural law in his theology.


2021 ◽  
Vol 30 (1) ◽  
pp. 100-127
Author(s):  
Dmitry Shustrov

The idea of supra-constitutionality was formulated in the science of constitutional law in the second quarter of the 20th century and associated with the names of M.Hauriou and K.Schmitt, who for the first time noticed the possibility of the existence of norms that are higher than the constitution. This article is an attempt to give the doctrine of supra-constitutionality an actual theoretical and dogmatic meaning in the context of the study of the material limits of constitutional changes. The doctrine of supra-constitutionality claims to play an important role in explaining that unchangeable norms can exist in constitutional law and that they cannot be excluded, changed, limited, overcome, affected by the other sources of constitutional law, including the constitution itself. Supra-constitutionality is viewed as a characteristic of unchangeable constitutional norms that constitute the material limits of constitutional changes. Supra-constitutionality presupposes the existence of norms that surpass the rest of the constitutional norms and predetermine their content through the definition of what can, should and should not be included in the constitution or excluded from it. The basis of constitutional supra-constitutionality is the argument of hierarchical differentiation. In addition to recognizing unchangeable constitutional norms as supra-constitutional, the article raises the question of the existence of natural law and international law supra-constitutional norms. Natural law supra-constitutional norms have an external and non-positive character. They are not enshrined in the constitution, but stem from a reasonably understood concept of what is due in the most civilized societies, which is determined by the constitutional court. International law supra-constitutionality is understood as the superiority of the norms of international law over the constitution. It has an external and positive character. International law supra-constitutionality can cause political objections from opponents of the absolute rule of international law. Supra-constitutional constitutional, natural and international law norms can come into conflict with each other. The paradox of the doctrine of supra-constitutionality lies in the fact that it creates a hierarchy of norms within the constitution itself, distinguishing between simple and supra-constitutional constitutional norms, or distinguishes certain non-positive norms that are outside the constitution, as having priority over the constitution, or puts some norms of international law over all norms of national law, including the constitution. The purpose of the doctrine of supra-constitutionality is to preserve the inviolable fundamental (natural or generally recognized) values, which justifies its logical flaws and paradoxicality.


This chapter examines the relations between rhetoric and law across cultures, grounding the discussion in U.S. common law, Latin American Civil law, and Asian law. It also explores the writing of the Universal Declaration of Human Rights as a model of developing “international” or “universal” approaches to law and human rights. It concludes by discussing recent events of international law involving intellectual property and global communications.


2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.


2019 ◽  
pp. 175508821989578
Author(s):  
Stephen Patrick Sims

This article explores what Cicero as a political thinker can offer to the study of international relations. Although previous readings of Cicero have emphasized his Stoic influences and his natural law teaching as the basis of a cosmopolitan world society, I emphasize the way in which Cicero can deepen the concept of international society. International society relies on certain norms and institutions to function properly, such as international law, sovereignty, and the use of war to restrain violence and redress injustice. We find all these concepts articulated clearly in Cicero’s moral and political thought. Cicero also shows the limits of these institutions and norms, explaining why none of them is absolute. Finally, Cicero adds to our theorizing about international society by drawing attention to the role of honor, ruling, and inequality in international society. As such, classical political thought, and Cicero’s in particular, provide a valuable resource for future thinking about international theory.


2007 ◽  
Vol 20 (1) ◽  
pp. 65-88 ◽  
Author(s):  
HALVARD LEIRA

Justus Lipsius (1547–1606) was among the most famed intellectuals in his time, but was largely forgotten during the Enlightenment. Intellectually, he stood at an important crossroads, his thought incorporating both late Renaissance traits and precursors of the early modern age. In this article I give a brief intellectual background to Lipsius's thought before concentrating on his thought regarding the lawful interaction between polities, with a focus on lawful government, dissimulation, war, and empire. I then detail the way in which Lipsian thought critically informed later theory and practice. It contained an eclectic mix of divine law, natural law, and positive human law, with some elements borrowed and popularized from earlier writers and others being more original. In the end, his work stands out both as an important inspiration for later theorists and practitioners, and as an example of the many idiosyncrasies and possible trajectories that early international law could have adopted.


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