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The Roman Foundations of the Law of NationsAlberico Gentili and the Justice of Empire$
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Benedict Kingsbury and Benjamin Straumann

Print publication date: 2010

Print ISBN-13: 9780199599875

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199599875.001.0001

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Punishment and the ius post bellum

Punishment and the ius post bellum

(p.241) 12 Punishment and the ius post bellum
The Roman Foundations of the Law of Nations

Alexis Blane

Benedict Kingsbury (Contributor Webpage)

Oxford University Press

This chapter lays the foundations for considering modern questions on judgement and forcible punishment in international law by analysing approaches to forcible punishment in early modern writings on war and ius post bellum, in which, unlike modern international law texts, issues of punishment of states and peoples were addressed directly. The chapter centres on: the lectures in Spain of the Dominican Thomist Francisco de Vitoria (c.1485–1546), particularly the lectures On War and The Indies given in Salamanca in the 1530s; the writings in Oxford of the Italian Lutheran-influenced civil lawyer Alberico Gentili (1552–1608), particularly De iure belli (1598); and the writings in Holland and in exile of the Dutch-reform ecumenical humanist Hugo Grotius (1583–1645), particularly De iure belli ac pacis (1625–1646). The chapter first considers their general theoretical approaches to punishment as part of just war theory, then turns to explicate their views of punishment in the ius post bellum.

Keywords:   judgement, forcible punishment, international law, Francisco de Vitoria, Alberico Gentili, Hugo Grotius

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