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In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.
The first global intellectual history of the rise and spread of the modern international system. Providing a new understanding of that system and its contemporary functions, this book will be of interest to advanced students and scholars of international relations, international law, intellectual and global history, and historical sociology.
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The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system. The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers, and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts, and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering, and civil disobedience, this handbook will be of enormous interest to academics, students, and others with interests in ecological law and the current environmental crisis.
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In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.
We live in a world which is characterised by both a radical inequality in wealth and incomes and the accelerating depletion of scarce natural resources. One of the things that prevents us from addressing these problems, perhaps even prevents us from seeing them as problems, is our belief that individuals and corporations have claims to certain resources and income streams that are non-negotiable, even when these claims seem manifestly hostile to our collective long-term well-being. This book is an attempt to understand how, why and when we came to believe these things. This first volume traces ideas about private property and its justification in the Latin West, starting with the ancient Greeks. It follows several lines of thinking which run through the Roman and medieval worlds. It traces the profound impact of the rise of Christianity and the instantiation of both natural and Roman Law. It considers the complex interplay of religious and legal ideas as these developed through the Renaissance, the Reformation and the counter-Reformation leading on to the ideas associated with modern natural law. The first volume concludes with a close re-reading of Locke. We can find well-made arguments for private property throughout this history but these were not always the arguments which we now assume them to have been and they were almost always radically conditional, qualified by other considerations, above all, a sense of what the securing of the common good required. These arguments included an appeal to the natural law, to the dispensations of a just God, to utility, to securing economic growth and to maintaining the peace. They almost never included the claim that individuals have naturally- or God-given rights that trump the well-being, especially the basic well-being, of other individuals. In late modernity, we have lost sight of many of these arguments - to our collective loss.