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A Normative Approach to War: Peace, War, and Justice in Hugo Grotius

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ISBN13: 9780198257097
ISBN: 0198257090
Published: August 1993
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00



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This collection of papers provides a commentary on and critique of Grotius' ""De Jure Pacs ac Belli"". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.;An awareness among a group of young international law scholars in Japan of the need to reconsider the methodology and fundamental problems of international law led to the formation of the group in 1976. Its purpose is to carry out basic research on the theory of international law, including its validity as law, the normativity and rationalizing function of international law, and the relations between international law and, in particular, international politics, justice, war, structural violence and colonialism.;Through these researches, the group seeks to clarify its own views, to understand current problems of international law within their philosophical, political, historical and multi-cultural context, and ultimately to develop an approach which can overcome the defects of the so-called ""positivistic"" approach without reducing the science of international law to an ideology whose actual role is to justify the values, power position and interests of dominant states.;In an effort to achieve these objectives the group believes it is essential to understand classical writings that have influenced the development of modern international law against the historical background in which they were written. The group's first study is of Grotius' ""De Jure Belli ac Pacis libri tres"", long regard as (at least one of) the most important works in the development of international law, and engaged in a process of collective reading and study of the work over more than a decade.;In conjunction with it, ""The Future of International Law"" (edited by Richard Falk and Cyril Black), and also Pufendorf's ""De Jure Gentium et Naturae libri octo"". The further study plan will involve Vitoria, Vattel and other writers. The group's immediate aim is to attempt to reconstruct, or reconstrue, the history of modern international law. The problems to be investigated include positivism and international law, imperialism and international law, socialism and international law, the various regional ""world orders"" of the 17th, 18th and 19th centuries, and the globalization of European international law.

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Subjects:
Legal History
Contents:
Grotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of ""JBP""; Grotius' concept of law, Tanaka Tadashi - ""Jus"", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; ""dominium"" and ""imperium"", Yanagihara Masaharu - the evolution of ""dominium"" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under ""the law of nations"", extinction of ""dominium"" and ""imperium"", obligations arising from ""dominium"", Grotius as ""the father of private law theory based on natural law""; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in ""JBP""; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; ""temperamenta"" (moderation), Tanaka Tadashi - the problem, unjust war, ""temperamenta"", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), ""fides"" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - ""JBP"" a book with a practical aim, the realities of war in ""JBP"", Grotius' normative approach, a multi-layered normative structure, ""systematic"" presentation of just causes of war, the position of ""JBP"" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.