The Roman Foundations of the Law of Nations makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war...
The Roman Foundations of the Law of Nations makes the important but surprisingly under-explored argument that modern international law was built on th...
Was the Roman Empire just? Did Rome acquire her territories through just wars, and did Rome's rule exert a civilizing effect, ultimately beneficial for its subjects? Or was Roman imperialism a massive injustice - the bellicose conquest and absorption of countless peoples and large swaths of territory under false pretences, driven by greed and a lust for domination and glory? In The Wars of the Romans (1599), the important Italian jurist and Regius Professor of Civil Law at Oxford University Alberico Gentili (1552-1608) argues both sides of the debate. In the first book he lays out the case...
Was the Roman Empire just? Did Rome acquire her territories through just wars, and did Rome's rule exert a civilizing effect, ultimately beneficial fo...
Crisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development of a normative concept of constitution--the concept of a set of constitutional norms designed to guarantee and achieve certain interests of the individual. Benjamin Straumann first explores how a Roman concept of constitution emerged out of the crisis and fall of the Roman Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked Cicero and some of his contemporaries to turn a hitherto implicit,...
Crisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development...
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 Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of...
Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of tex...
The crisis and fall of the Roman Republic spawned a tradition of political thought that sought to evade the Republic's fate-despotism. Thinkers from Cicero to Bodin, Montesquieu, and the American Founders saw constitutionalism, not virtue, as the remedy. This study traces Roman constitutional thought from antiquity to the Revolutionary Era.
The crisis and fall of the Roman Republic spawned a tradition of political thought that sought to evade the Republic's fate-despotism. Thinkers from C...