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Theory and Politics of the Law of Nations
Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries
Series: - Legal History Library, Volume: 5/2
- Studies in the History of International Law, Volume: 5/2
Author:
Emergence of the modern science of international law in the seventeenth and eighteenth centuries is usually attributed to Hugo Grotius (1583-1645) and other âfounders of international law.â Based on the belief that âall seventeenth and eighteenth-century writers of international law had their own particular political context in mind when writing about the law of nations,â this book sheds light on some worldly aspect of the early writers of the law of nations (i.e., the former name for international law). Studied here are the writings of seven German court councilors, namely, Samuel Rachel (Schleswig-Holstein-Gottorp), Gottfried Wilhelm Leibniz (Hannover), Adam Friedrich Glafey (Saxony), Johann Adam Ickstatt (Würzburg-Bamberg), Samuel von Cocceji (Prussia), Johann Jacob Moser (Würtemberg and Hessen-Homburg) and Emer de Vattel (Saxony).
Tetsuya Toyoda is assistant professor at Akita International University. After several years of experience in diplomatic service, he started his research on the history of international law and has produced a number of articles in English, French and Japanese.
Introductory Note
Preface
Chapter One Introduction
1 The âDoctrinal Historyâ of the Science of International Law since Grotius
2 Theorizing about the Law of Nations with Political Interests
3 A Methodological Note
Chapter Two The Pufendorfian Doctrine as the Standard
1 Late Seventeenth-Century Interpretations of the Grotian Concept of the Voluntary Law of Nations
2 Pufendorfâs Opposition to Grotiusâs Concept of the Voluntary Law of Nations
3 Pufendorf Against the Law of Nations Regulating Conduct in War
4 Pufendorf Against Grotiusâs Support of the Concept of Punitive War
Chapter Three Holsteiner Court Councilor Samuel Rachelâs Criticism of Samuel Pufendorf
1 The Duchy of Holstein and the Life of Samuel Rachel
2 Late Seventeenth-century Proponents of the Voluntary Law of Nations
3 The Exercitationem juridicam and the Danish Occupation
4 Rachel after the Exercitationem juridicam
Chapter Four Hannoverian Court Councilor Gottfried Leibniz and his Concept of International Legal Person
1 The Duchy of Hannover at the End of the Seventeenth Century
2 The Peace Conference of Nijmegen and De Jure Suprematus
3 The Primogeniture and the Concept of Res Juris Gentium
4 Leibnizâs Two Disciples, Wolff and Vattel, Refuting His Concepts
Chapter Five Saxon Court Councilor Glafey Pleading for Rules of Conduct in war
1 The Duchy-Kingdom of Saxony and the Life of Glafey
2 The Görtz-Gyllenborg Affair and Young Glafeyâs Disquisitio
3 In Defense of the Concept of the Voluntary Law of Nations
4 War in the Shared Interest of Europe
Chapter Six Catholic Doctrine of the Law of Nations by Johann Adam Ickstatt
1 The Life of Ickstatt and the Political Context of Würzburg-Bamberg
2 The Modernity of Ickstattâs Doctrine of the Law of Nations
3 The Misfortunes of the First Treatise of International Law
Chapter Seven Prussian Court Councilor Samuel Coccejiâs Denial of the Voluntary Law of Nations
1 The Prussian Kingdom and the Life of Samuel Cocceji
2 Johann Peter von Ludewigâs Support of the Concept of the Voluntary Law of Nations
3 Coccejiâs Attack on Grotius
Chapter Eight Johann Jacob Moser as Defender of Rights of German States
1 Johann Jacob Moserâs Life and its Political Context
2 Moserâs Concept of the Law of Nations and Practical Methodology
3 Moserâs Anti-Prussianism
Chapter Nine Vattelâs Doctrine of National Sovereignty in the Context of Saxony-Poland and Neuchâtel
1 The Principality of Neuchâtel and the Life of Emer de Vattel
2. The Proposal of Transfer of the Principality to the Elector-Prince of Saxony
3 Vattelâs Doctrine of National Sovereignty
4 The Fortunes of Vattel, of Neuchâtel and of Le Droit des Gens
Chapter Ten Conclusion
Bibliography
Index
Preface
Chapter One Introduction
1 The âDoctrinal Historyâ of the Science of International Law since Grotius
2 Theorizing about the Law of Nations with Political Interests
3 A Methodological Note
Chapter Two The Pufendorfian Doctrine as the Standard
1 Late Seventeenth-Century Interpretations of the Grotian Concept of the Voluntary Law of Nations
2 Pufendorfâs Opposition to Grotiusâs Concept of the Voluntary Law of Nations
3 Pufendorf Against the Law of Nations Regulating Conduct in War
4 Pufendorf Against Grotiusâs Support of the Concept of Punitive War
Chapter Three Holsteiner Court Councilor Samuel Rachelâs Criticism of Samuel Pufendorf
1 The Duchy of Holstein and the Life of Samuel Rachel
2 Late Seventeenth-century Proponents of the Voluntary Law of Nations
3 The Exercitationem juridicam and the Danish Occupation
4 Rachel after the Exercitationem juridicam
Chapter Four Hannoverian Court Councilor Gottfried Leibniz and his Concept of International Legal Person
1 The Duchy of Hannover at the End of the Seventeenth Century
2 The Peace Conference of Nijmegen and De Jure Suprematus
3 The Primogeniture and the Concept of Res Juris Gentium
4 Leibnizâs Two Disciples, Wolff and Vattel, Refuting His Concepts
Chapter Five Saxon Court Councilor Glafey Pleading for Rules of Conduct in war
1 The Duchy-Kingdom of Saxony and the Life of Glafey
2 The Görtz-Gyllenborg Affair and Young Glafeyâs Disquisitio
3 In Defense of the Concept of the Voluntary Law of Nations
4 War in the Shared Interest of Europe
Chapter Six Catholic Doctrine of the Law of Nations by Johann Adam Ickstatt
1 The Life of Ickstatt and the Political Context of Würzburg-Bamberg
2 The Modernity of Ickstattâs Doctrine of the Law of Nations
3 The Misfortunes of the First Treatise of International Law
Chapter Seven Prussian Court Councilor Samuel Coccejiâs Denial of the Voluntary Law of Nations
1 The Prussian Kingdom and the Life of Samuel Cocceji
2 Johann Peter von Ludewigâs Support of the Concept of the Voluntary Law of Nations
3 Coccejiâs Attack on Grotius
Chapter Eight Johann Jacob Moser as Defender of Rights of German States
1 Johann Jacob Moserâs Life and its Political Context
2 Moserâs Concept of the Law of Nations and Practical Methodology
3 Moserâs Anti-Prussianism
Chapter Nine Vattelâs Doctrine of National Sovereignty in the Context of Saxony-Poland and Neuchâtel
1 The Principality of Neuchâtel and the Life of Emer de Vattel
2. The Proposal of Transfer of the Principality to the Elector-Prince of Saxony
3 Vattelâs Doctrine of National Sovereignty
4 The Fortunes of Vattel, of Neuchâtel and of Le Droit des Gens
Chapter Ten Conclusion
Bibliography
Index
Students of history of international law, as well as all those who wish to find a clue to the fundamental question why humanity today is compartmentalized into nation-states.