Boekhandel Douwes Den Haag

The History and Theory of International Law

The Invention of Custom

Natural Law and the Law of Nations, ca. 1550-1750

Francesca Iurlaro

The Invention of Custom

The History and Theory of International Law

The Invention of Custom

Natural Law and the Law of Nations, ca. 1550-1750

The History and Theory of International Law: The Invention of Custom

 

This books tells the neglected story of the relationship between custom and the European natural law and ius gentium tradition. It explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so.


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Beschrijving The History and Theory of International Law: The Invention of Custom

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely
how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental
feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of
custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.


ISBN
9780192897954
Pagina's
288
Verschenen
Serie
The History and Theory of International Law
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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