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Natural Law and Domestic Government in the Early Modern Period
Series: - Legal History Library, Volume: 80
Natural Law and Domestic Government in the Early Modern Period examines how natural law informed evolving ideas of governance from the sixteenth to eighteenth centuries. Through case studies spanning France, the Low Countries, England, Iberia, and colonial America, this volume explores how jurists, theologians, and political thinkers grappled with questions of sovereignty and justice. Contributors analyse influential figures from Bodin and Coke to Tuldenus and Lipsius, tracing how natural law intersected with legal concepts of rights, obligations, contracts, and associations. By uncovering diverse and contested uses of natural law, this collection offers a nuanced account of its enduring role in shaping early modern statecraft and political thinking.
Contributors are: Marie Seong-Hak Kim, Rafael Cronje Mateus, Jeffrey Dymond, Pedro Ricardo da Silva Santos, Geert Sluijs, Paolo Astorri, Lars Cyril Nørgaard, Rosalind Acland, Carlos Pérez-Crespo, Signy Gutnick Allen, Sarah Limão Papa, and Alain Wijffels.
Contributors are: Marie Seong-Hak Kim, Rafael Cronje Mateus, Jeffrey Dymond, Pedro Ricardo da Silva Santos, Geert Sluijs, Paolo Astorri, Lars Cyril Nørgaard, Rosalind Acland, Carlos Pérez-Crespo, Signy Gutnick Allen, Sarah Limão Papa, and Alain Wijffels.
Wouter Druwé is an associate professor of Roman law and legal history at KU Leuven. He studies the interaction between late medieval and early modern learned law (ius commune) and legal practice, with a particular focus on the Low Countries.
Randall Lesaffer is a professor of legal history at KU Leuven and Tilburg University. His research focuses on the history of international law in early modern Europe. He is the general editor of The Cambridge History of International Law and the Brill book series Studies in the History of International Law.
Geert Sluijs is a Ph.D. candidate at KU Leuven, holding degrees in law, philosophy, and intellectual history. His research interests include early modern legal and intellectual history. He has previously published on these topics, in particular regarding the Leuven scholar Tuldenus.
Randall Lesaffer is a professor of legal history at KU Leuven and Tilburg University. His research focuses on the history of international law in early modern Europe. He is the general editor of The Cambridge History of International Law and the Brill book series Studies in the History of International Law.
Geert Sluijs is a Ph.D. candidate at KU Leuven, holding degrees in law, philosophy, and intellectual history. His research interests include early modern legal and intellectual history. He has previously published on these topics, in particular regarding the Leuven scholar Tuldenus.
Contents
Notes on Contributors
Introduction
Wouter Druwé, Randall Lesaffer and Geert Sluijs
PART 1
Sixteenth Century
1 Bodin, Natural Law, and Statecraft in the French Renaissance Monarchy
Marie Seong-Hak Kim
2 The Mutability of Nature: Dominion, Natural Law, and the Order of Grace in Domingo de Soto’s De Iustitia et Iure (1553–1554)
Rafael Cronje Mateus
3 Association and Corporation in Early Modern Jurisprudence
Jeffrey Dymond
PART 2
Early Seventeenth Century
4 Fides and Feudum in the Legal Thought of Petrus Gudelinus (1550–1619): A Study on Feudal, Civil, and Natural Obligations in the Early Modern Age
Pedro R.S. Santos
5 Stewardship and Statesmanship: Justus Lipsius and Diodorus Tuldenus on the Natural Law of Government in the Early Modern Low Countries
Geert Sluijs
6 Natural Law and Governance of the State in Henning Arnisaeus
Paolo Astorri and Lars Cyril Nørgaard
7 Edward Coke’s Ciceronian Common Law
Rosalind Acland
PART3
After 1650
8 The Concept of Natural Law in Thomas Hobbes’s Theory of Sovereignty
Carlos Pérez-Crespo
9 ‘A Title to Another’s Plenty’: Rights of Charity in Locke’s Political Thought
Signy Gutnick Allen
10 New World, Immemorial Possession: Commons and Private dominium in Portuguese America (Camamu, Seventeenth to Eighteenth Centuries)
Sarah Limão Papa
Postface: When God Went awol
Natural Law in Early-Modern Discussions on Domestic Governance Alain Wijffels
Notes on Contributors
Introduction
Wouter Druwé, Randall Lesaffer and Geert Sluijs
PART 1
Sixteenth Century
1 Bodin, Natural Law, and Statecraft in the French Renaissance Monarchy
Marie Seong-Hak Kim
2 The Mutability of Nature: Dominion, Natural Law, and the Order of Grace in Domingo de Soto’s De Iustitia et Iure (1553–1554)
Rafael Cronje Mateus
3 Association and Corporation in Early Modern Jurisprudence
Jeffrey Dymond
PART 2
Early Seventeenth Century
4 Fides and Feudum in the Legal Thought of Petrus Gudelinus (1550–1619): A Study on Feudal, Civil, and Natural Obligations in the Early Modern Age
Pedro R.S. Santos
5 Stewardship and Statesmanship: Justus Lipsius and Diodorus Tuldenus on the Natural Law of Government in the Early Modern Low Countries
Geert Sluijs
6 Natural Law and Governance of the State in Henning Arnisaeus
Paolo Astorri and Lars Cyril Nørgaard
7 Edward Coke’s Ciceronian Common Law
Rosalind Acland
PART3
After 1650
8 The Concept of Natural Law in Thomas Hobbes’s Theory of Sovereignty
Carlos Pérez-Crespo
9 ‘A Title to Another’s Plenty’: Rights of Charity in Locke’s Political Thought
Signy Gutnick Allen
10 New World, Immemorial Possession: Commons and Private dominium in Portuguese America (Camamu, Seventeenth to Eighteenth Centuries)
Sarah Limão Papa
Postface: When God Went awol
Natural Law in Early-Modern Discussions on Domestic Governance Alain Wijffels
This book will be of particular interest to academics, researchers, and students studying legal history, political thought, intellectual history, or early modern political philosophy.