Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 18 January 2020

Abstract and Keywords

This chapter observes that the ‘sources of international law’ is a complicated concept for later scholastic authors. This is because they have no doctrine of ‘sources’ and because the phrase ius gentium, as they employ it, is not appropriately translated by ‘international law’. When they write about the ius gentium, they are engaged in an exercise of hermeneutic reconstruction of a law that has already been legislated, a reconstruction that is also a legitimation of their own position in the present. They draw their materials from scholastic authorities, from natural law, and from human practice and history. The possibility of abrogation, however, puts pressure on even their most innovative thinking about the ius gentium. This shows yet again how difficult they find it to conceptualize making international law in the present, and thus to conceive of sources of international law in anything like the modern sense.

Keywords: 1648-1815, Ancient Times to 1648, Choice of law

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.