- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index
Abstract and Keywords
This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).
Keywords: Customary international law, General principles of international law, Relationship of international law and host state law, Sources of international law
Randall Lesaffer is Professor of Legal History at Tilburg Law School and part-time Professor of International and European Legal History at Leuven. Since 2008, he serves as the Dean of Tilburg Law School.
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- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index