• Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth

    Author(s):
    Andreas Wagner (see profile)
    Date:
    2011
    Subject(s):
    International relations, Law, History, Political science--Philosophy
    Item Type:
    Article
    Tag(s):
    Alberico Gentili, cosmopolitanism, Francisco de Vitoria, international law, Legal history, Political philosophy
    Permanent URL:
    http://dx.doi.org/10.17613/M67W6J
    Abstract:
    In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status and its consequences have to be clarified. For Gentili on the other hand, sovereign states in their plurality are the pinnacle of the legal order(s). His model of a globally valid ius gentium then oscillates between being analogous to private law, depending on individual acceptance by states and being natural law, appearing in a certain sense as a form rather of morality than of law.
    Notes:
    This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The definitive publisher-authenticated version [Wagner, Andreas: “Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth”, in OJLS 31/3 (2011): 565–582; doi: 10.1093/ojls/gqr008] is available online at: http://ojls.oxfordjournals.org/content/31/3/565
    Metadata:
    xml
    Published as:
    Journal article     Show details
    Pub. DOI:
    10.1093/ojls/gqr008
    Publisher:
    Oxford University Press (OUP)
    Pub. Date:
    2011-5-11
    Journal:
    Oxford Journal of Legal Studies
    Volume:
    31
    Issue:
    3
    Page Range:
    565 - 582
    ISSN:
    0143-6503,1464-3820
    Status:
    Published
    Last Updated:
    7 years ago
    License:
    All Rights Reserved
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