Guarantee and Intervention: the Assessment of the Peace of Westphalia in International Law and Politics by Authors of Natural Law and of Public Law, c. 1650–1806

Abstract

The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs 'myths' associated with the law of nations in the Enlightenment. Table of contents : Half Title Series Information Title Page Copyright Page Table of contents Acknowledgements Notes on Contributors part 1 Teaching the Law of Nations ­chapter 1 Natural Law for the Nobility? The Law of Nature an 1 The Matveyev Incident 2 Natural Law and Law of Nations at the Erlangen Ritterakademie 2.1 Baron Christoph Adam Gross von Trockau 2.2 Johann Christoph Vetter 2.3 Dietrich Hermann Kemmerich 3 Conclusion Bibliography ­chapter 2 Serving Danish Foreign Policy: Andreas Hojer’s De eo quod iure belli licet in minores (1735) 1 Introduction 2 Natural Law in Copenhagen in the Early Eighteenth Century 3 Denmark-Norway in the Great Northern War 4 Amthor’s Legitimation of the Danish Conquest 5 Hojer’s Choice of Topic 6 Hojer on the Right of War against Minors 7 Conclusion: a Radical Pufendorfian in the Service of Denmark-Norway Bibliography ­chapter 3 The Law of Nations at the Naval Academy in Copenhagen around 1800: the Lectures of Christian Krohg 1 Introduction 2 The Law of Nations as an Academic Subject 3 Towards a New Understanding of the Law of Nations 4 Krohg’s Lectures 1: the Founding Principles 5 Krohg’s Lectures 2: Trade, War and Neutrality 6 Conclusion Bibliography ­chapter 4 The Law of Nations in German historia literaria and Encyclopaedias in the Eighteenth Century 1 Introduction: Textbooks for Academic Teaching 2 A Brief Sketch: the Law of Nations, Seventeenth to Eighteenth Century 3 Neglect: the Law of Nations in the Early General Compendia of historia literaria 4 Philosophy vs. Law: the Law of Nations in Later Compendia of historia literaria and in Encyclopaedias 5 Effects of Specialization: the Law of Nations in Juridical Encyclopaedias and the Example of a Specialized historia literaria 6 Conclusion Bibliography part 2 The Law of Nations from the Peace of Westphalia to the Enlightenment ­chapter 5 Pufendorf on the Law of Sociality and the Law of Nations 1 Introduction 2 Sociality as the Fundamental Principle of Natural Law 3 The Application of the Principle of Sociality to Interstate Relations Bibliography ­chapter 6 The International Political Thought of Johann Jacob Schmauss and Johann Gottlieb Heineccius: Natural Law, Interest, 1 Introduction 2 Heineccius, the Natural Law Tradition and Systems of States 3 Schmauss, the Natural Law Tradition and Interstate Relations 4 Heineccius and Schmauss on Trust and Mistrust in Interstate Relations 5 Interest and the Balance of Power 6 Conclusion Bibliography ­chapter 7 Men, Monsters and the History of Mankind in Vattel’s Law of Nations 1 Introduction 2 Men and Monsters in Vattel’s Law of Nations 3 Peter the Great and the Moral Development of Nations 4 Conclusions Bibliography ­chapter 8 Guarantee and Intervention: the Assessment of the Peace of Westphalia in International Law and Politics by Authors 1 Introduction 2 The Impact of the Treaties of Westphalia on the droit public de l’Europe 3 ‘Palladium of the Empire’: Overall Assessments of Westphalia 4 Interventions and Guarantees in the Law of Nature 5 The Mutual Guarantee of Westphalia in the Law of Nations and International Politics: Perceptions by Natural Law and Public L 6 Conclusion Bibliography part 3 The Law of Nations and the ‘École romande du droit naturel’ ­chapter 9 Born to Rule: Burlamaqui and Rousseau on the Education of Princes 1 The Barbarous Philosopher: Rousseau’s Critique of the Education of Princes 2 Teaching the Laws of Justice and Humanity: Burlamaqui’s Royal Education 3 The Results: Two Burlamaquian Cases Bibliography ­chapter 10 Defining the Law of Nations: the École romande du droit naturel and the Lausanne Edition of Grotius’ De jure belli 1 Introduction 2 The Lausanne Edition of Grotius in Context 3 Defining the Law of Nations 4 Conclusion Bibliography ­chapter 11 Vattel’s Doctrine of the Customary Law of Nations between Sovereign Interests and the Principles of Natural Law 1 Introduction 2 Vattel vs. Wolff: Self-Interest as the Foundational Principle of Natural Law 3 Distinguished, Yet Not Treated Separately: Natural and Positive Law of Nations 4 Customary Law of Nations: Between Facts and Principles 5 Facts with Meaning: Customs Originating in an Overlapping of Practice and Principles 6 ‘Non-indifferent’ Customs 7 Is the Violation of Custom Punishable? 8 Conclusion Bibliography ­chapter 12 The Circulation of the École romande du droit naturel in Eighteenth-Century Italy 1 Introduction 2 First Scenario: Translating Pufendorf’s Works through Barbeyrac 3 Second Scenario: Translation and Use of Burlamaqui’s and Vattel’s Works 4 Third Scenario: Translating Barbeyrac’s, Burlamaqui’s and Vattel’s Ideas for Academic and Practical Purposes 5 Conclusion Bibliography Persons Index Places Index Subjects Index