The Revolution from Antiquity Till 18Th Century
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Leibniz E O Direito Brasileiro.Pdf
RENATO EUGENIO DE FREITAS PERES UMA REVISÃO DAS POSSÍVEIS FONTES LEIBNIZIANAS NA FORMAÇÃO DA CIÊNCIA JURÍDICA BRASILEIRA: UM ESTUDO DA OBRA DE AUGUSTO TEIXEIRA DE FREITAS Dissertação apresentada à Banca Examinadora da Pontifícia Universidade Católica de São Paulo como exigência parcial para obtenção do título de Mestre em História da Ciência, sob a orientação da Professora Doutora Ana Maria Alfonso-Goldfarb. Pontifícia Universidade Católica de São Paulo São Paulo 2005 0 RESUMO O presente trabalho trata da seguinte hipótese: Leibniz pode ter sido uma fonte de influência para o direito brasileiro? Para realizar tal investigação, examinamos com uma visão crítica a obra jurídica de dois autores: Gottfried Wilhelm Leibniz e Augusto Teixeira de Freitas. E o fizemos propondo duas situações que normalmente não são encontradas em trabalhos do gênero. Investigamos a obra jurídica de Leibniz porque embora seu nome seja muito conhecido pelo seu legado filosófico, ele foi também jurista citado como influência. Todavia, seus escritos sobre direito são pouco estudados. Em seguida, estudamos a obra de um jurista brasileiro do ponto de vista da história da ciência. Teixeira de Freitas foi muito importante na época de formação da ciência jurídica brasileira porque ele foi o autor da Consolidação das Leis Civis e do Esboço de Código Civil, textos que foram fundamentais para a teoria e para a prática do direito no Brasil no século XIX. Tratamos de apurar o que Leibniz escreveu em matéria de direito, o que há disponível traduzido para o português ou não, e o que pode ser encontrado na Biblioteca da Faculdade de Direito de São Paulo. -
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chapter 7 Men, Monsters and the History of Mankind in Vattel’s Law of Nations Pärtel Piirimäe 1 Introduction Emer de Vattel has been widely considered a seminal figure in the European tradition of the law of nations. While attaching himself to the earlier tradition of natural jurisprudence, he offered a normative system of the law of nations that was more firmly and explicitly anchored to the political practice of his contemporary Europe than were the doctrines of his predecessors. Vattel pro- moted the practical applicability of his Droit des gens (1758), stressing that it was not so much written for interested ‘private individuals’, i.e. other scholars or the general public, but it was a ‘law of sovereigns’ that was primarily in- tended for ‘them and their ministers’. It would not help much, he explained, if his maxims were studied only by those who had no influence over public affairs; the ‘conductors of states’, on the other hand, if they chose to learn this science and adopt its maxims as the ‘compass’ for their policies, could produce many ‘happy results’.1 Vattel emphasized the easy comprehension and applica- bility of his book, contrasting his approach with that of Christian Wolff, whose treatise on the law of nations could be understood only if one ‘previously stud- ied sixteen or seventeen quarto volumes which precede it’.2 As Vattel famous- ly declared, his original intention was to introduce Wolff’s system to a wider readership, by rendering his rigid and formal work more ‘agreeable and better calculated to ensure it a reception in the polite world’.3 While it is clear that Vattel’s work amounted to much more than a system- atic account of Wolff’s principles,4 it is in the manner of presentation that the differences between the two scholars are the most striking. -
The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination
Denver Journal of International Law & Policy Volume 31 Number 2 Winter Article 3 April 2020 The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination Louis Rene Beres Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Louis Rene Beres, The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination, 31 Denv. J. Int'l L. & Pol'y 157 (2002). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. THE NEWLY EXPANDED AMERICAN DOCTRINE OF PREEMPTION: CAN IT INCLUDE ASSASSINATION? LOUIS RENt BERES* On September 20, 2002, President Bush issued the National Security Strategy of the United States of America ("National Security Strategy").' Expanding this country's right of preemption in foreign affairs - a right known formally as 2 "anticipatory self-defense" under international law - the new American doctrine asserts, inter alia, that "[t]raditional concepts of deterrence will not work against a terrorist enemy whose avowed tactics are wanton destruction and the targeting of innocents...."' The doctrine goes on: "We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries. ' 4 This "adaptation" means nothing less than striking first where an emergent threat to the United States is presumed to be unacceptable.5 Might the broadened right of preemption include assassination? Normally we think of preemptive strikes in terms of military operations against enemy forces and/or infrastructures. -
Juan De Mariana's De Monetae Mutatione(1609)
Quantitative Easing Four Centuries Ago: Juan de Mariana’s De monetae mutatione (1609) Wim Decock Introduction Professor Donahue has repeatedly defined himself as a “text-based legal historian,” combining rigorous philological analysis of legal texts with care- ful analysis of the historical context from which these texts emerged. He is also firmly committed to the proposition shared by many legal histori- ans that institutions and legal concepts change over time, rendering his research immune from anachronistic interpretations of historical texts.1 At the same time, Professor Donahue has always seen in the close reading of texts and their contexts an excellent way of improving the dialogue between the past and the present, and, potentially, of offering historical insights to jurists involved in the solution of current issues. Therefore, this contribu- tion will dwell on a particular text by Juan de Mariana (1535–1624), a Jesuit theologian, on monetary debasement (De monetae mutatione), an issue of not merely historical interest. While firmly rooted in a specific historical context that remains different from today’s world, Mariana’s concerns are echoed in today’s economic and political debates about monetary policy which have been raging on both sides of the Atlantic in the wake of the recent sovereign debt crises. 1. E.g. Charles Donahue, “A Crisis of Law? Reflections on the Church and the Law over the Centuries,” The Jurist (2005), 3. 355 356 Wim Decock As a matter of fact, Mariana published this tract on the Spanish gov- ernment’s monetary policy in 1607, just two years after the fourth sovereign default of Spain in five decades. -
The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty
The Review of Politics 70 (2008), 370–399. Copyright # University of Notre Dame doi:10.1017/S0034670508000557 Printed in the USA Private Law Models for Public Law Concepts: The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty Daniel Lee Abstract: The essay traces the juridical origins of the modern doctrine of popular sovereignty as developed by the monarchomach jurists of the late sixteenth century. Particularly, the use of doctrines from the Roman law of property explains the sovereign right of the people to resist and reconstitute the commonwealth. Reviving the civilian concept of dominium during the French Wars of Religion and dynastic royal politics, these radical jurists articulated the claim that the people, not kings, have property rights over the commonwealth. By conceptualizing the people corporately as property-owners in this way, they were able to draw on legal arguments from Roman law to justify popular resistance as an assertion of a corporate property right. In doing so, the monarchomachs expressed an elaborate theory of state and sovereignty within the grammar of the Roman private law. Introduction William Barclay, the Franco-Scottish jurist whom John Locke once called “that Great Assertor of the Power and Sacredness of Kings” and “the great Champion of Absolute Monarchy,” introduced the term “mon- archomach” (or king-killers) into the political lexicon of early modern I would like to thank Philip Pettit, Alan Patten, and Anthony Grafton, as well as Edward Champlin, Kathleen Davis, Julian Franklin, William Chester Jordan, Nannerl Keohane, Stephen Macedo, Sankar Muthu, Evan Oxman, Mark Philp, and the anonymous reviewers of The Review of Politics. -
Introduction: Genocide: Definitions, Questions, Settler-Coloni
Introduction Genocide: definitions, questions, settler-colonies Ann Curthoys and John Docker Genocide is … a composite of different acts of persecution or destruction. Raphaël Lemkin, Axis rule in occupied Europe1 … we need far more, not fewer, serious comparative studies. Ward Churchill, A little matter of genocide2 The idea for this collection of essays on ‘Genocide’? came originally from our reading of Marcia Langton’s comment in Australian Humanities Review in mid-2000. She said that Aboriginal writing, scholarship, and research are taking on the feel of Holocaust studies in the sense that Aboriginal people write, read, and research ‘to try to understand the terrible, inexplicable past’. She expressed disgust at ‘those who do not want what hap- pened to us and our ancestors remembered into “history”’. She did not use the word ‘genocide’. We thought the questions she raised, of how to come to terms with terrible pasts, and to what degree one can use insights from one history to interrogate another, deserved further thought. The unresolved issue for us was whether the notion of geno- cide could be fairly applied to Australian history. The Human Rights Commission’s Bringing Them Home report of 1997, which investigated the history and effects of Abo- riginal child removal in the nineteenth and twentieth centuries, had controversially argued that Australian child removal practices fell within the definition of genocide used in the UN 1948 Genocide convention. In other words, Australia had its own his- tory of genocide. This aspect of the report horrified many Australians of quite varying political views. Many people, including historians, rejected the notion that child removal could be reasonably described as ‘genocide’. -
¿Quién Fue Juan De Mariana? En Busca De Un Pensador Político Europeo1
CORE Metadata, citation and similar papers at core.ac.uk Provided by University of Liverpool Repository ¿Quién fue Juan de Mariana? En busca de un pensador político europeo1 Harald E. Braun University of Liverpool ¿Quién fue Juan de Mariana? ¿Cuál es el legado de este jesuita y pensador político europeo? Las respuestas a estas preguntas dependen mayormente de a quién se interpele.2 El jesuita, ya lo sabemos, fue un hombre dotado de gran inteligencia y coraje, y que atrajo considerable polémica. Así pues, no nos puede sorprender que diferentes personas, en diferentes momentos, hayan contestado de diferentes formas. En esta ponencia propondré una respuesta. Voy a hablar de la recepción de Juan de Mariana como pensador político en Europa, fuera de España, cómo se le interpretó, cómo, a menudo, se le confundió y cómo, a veces, se le tergiversó. De la misma manera que el dominico Bartolomé de las Casas, Mariana se convirtió en parte de la leyenda negra.3 Como Las Casas, Mariana se hubiera escandalizado de ver cómo se usaron sus palabras. Hablaré también de lo que pienso que el padre Mariana quería decir y de por qué nosotros, hoy, en Europa, tendríamos que escucharle y tomar muy en serio sus palabras. Empecemos, pues, con la leyenda negra de Juan de Mariana. Examinemos la reputación de Mariana entre sus contemporáneos. Déjenme que les lleve a Londres, Inglaterra. Corre el año de 1 Este es el texto ligeramente enmendado de la conferencia pronunciada en el Congreso Internacional de Filosofía La actualidad del padre Juan de Mariana, Talavera de la Reina, 22-24 de marzo de 2017. -
The Revolution of 1861: the American Civil War in the Age of Nationalist Conflict
Civil War Book Review Fall 2012 Article 25 The Revolution of 1861: The American Civil War in the Age of Nationalist Conflict. Frank Towers Follow this and additional works at: https://digitalcommons.lsu.edu/cwbr Recommended Citation Towers, Frank (2012) "The Revolution of 1861: The American Civil War in the Age of Nationalist Conflict.," Civil War Book Review: Vol. 14 : Iss. 4 . DOI: 10.31390/cwbr.14.4.26 Available at: https://digitalcommons.lsu.edu/cwbr/vol14/iss4/25 Towers: The Revolution of 1861: The American Civil War in the Age of Nati Review Towers, Frank Fall 2012 Fleche, Andre M. The Revolution of 1861: The American Civil War in the Age of Nationalist Conflict.. University of North Carolina Press, $39.95 ISBN 978-0-8078-3523-4 Understanding the Civil War in a Broader Context Andre Fleche adds to the burgeoning literature on the international dimensions of the Civil War in this valuable study of American nationalism in a transatlantic context. Contrary to dominant popular narratives of the Civil War as a purely domestic conflict, Europe’s 1848 revolutions had a profound influence on northern and southern conceptions of the nation state. Viewed in this framework, the Civil War fits into a broader pattern of revolution wherein the fledgling concept of the nation state matured into the form that guided it through the next century of modern history. Although 1860s Americans paid attention to other revolutionary precedents, especially their own against Great Britain, Fleche argues that the most influential were the failed nationalist revolutions of 1848 in Europe, a series of revolts against the monarchies that took control of the continent after Napoleon’s defeat in 1815. -
Part I a Revolutionary Experiment: 1620–1800
Part I A Revolutionary Experiment: 1620–1800 The unique experiment that began in England’s American colonies in the seventeenth and eighteenth centuries, culminating in the founding of the United States of America, forever changed the modern world. This revolutionary experiment had its roots in English history and politics, in the broader European Enlightenment, and in the practices of Native American peoples such as the Iroquois. The American democratic experiment required two centuries of fermentation, an anticolonial war against England, and an ingenious political compromise known as the U.S. Constitution. What the Founders gave the world in 1787 was as much a promise as a reality, for it contained not only the seeds of democracy but also limits to the full flowering of those seeds. One of these limitations, a long-term tendency that has come to be known as partisandistribute gridlock in the context of political polarization, was built into the ingenious institutional compromise itself, for the U.S. federalist system of checks and balances allows partisan interests to stymie the devel- opment of coherent national policies. or In retrospect, the American Revolution jump-started modernity toward a system of democratic governance based on the principles of popular sovereignty and political equality. In practice, however, the citizens of the new republic of 1787 were primarily propertied white men, and most Americans did not participate in ratifying the Constitution. Thus the very foundationspost, of U.S. government contained political ten- sions that persist today—between theoretical equality and actual inequality, between theoretical rule of the people and actual rule of elites. -
181 Chapter VII a World of Many
181 Chapter VII A World of Many: Giving up the Belief in the Possibility of Universal Rule (1648/59 – 1714) A Description of the “State” of the Holy Roman Empire Slightly less than twenty years after the treaties of Munster and Osnabrück, the jurist and historian Samuel von Pufendorf (1632 – 1694) clad his description of the Holy Roman Empire into a fictitious travel report. He took the role of a Veronese citizen named Severinus de Monzambano, explaining to his alleged brother the oddities of the form of government of the Empire. The choice of Veronese identity had not been random, as the city of Verona the lay on Venetian territory and, from the fourteenth century, Venice had no longer been considered part of the Empire,1 from the turn towards the sixteenth century even as the foe of the Emperor. Pufendorf explained the form of government of the Empire in historical terms, described the processes by which the centre of rule had shifted from the Italian Peninsula to areas north of the Alps and, at the very beginning of his report, made it clear that the Empire was known by the wrong official name. Instead of “Holy Roman Empire”, it should, Pufendorf insisted, be called the “new state of the Germans”, because it had nothing to do with the ancient empire of the Romans. It was a grave mistake, he wrote, to believe that this ancient empire of the Romans had continued to be in existence. Quite on the contrary, the empire, whose capital the city of Rome had once been, had been destroyed. -
Understanding China's Future
PALACKÝ UNIVERSITY OLOMOUC PHILOSOPHICAL FACULTY Department of Politics and European Studies UNDERSTANDING CHINA’S FUTURE: A CRITICAL EXPLORATION OF FUTURE- ORIENTATED APPROACHES TO ANALYSING SOCIO-POLITICAL PHENOMENA Doctoral Thesis Jeremy Garlick, M.A. Supervisor: Gaudenz Assenza, D.Phil. (Oxon), M.P.A. (Harvard) Olomouc, 2014 Declaration: I hereby declare that this thesis is entirely my own work and I have faithfully and accurately cited all sources used to the utmost of my ability. ………………………………………………. Jeremy Garlick, M.A. 2 Abstract This thesis has two main aims. The first of these is to study available methodologies for researching the future in the social sciences, and particularly in political science and international relations (IR). To be more specific, it attempts to determine whether it is possible to establish, given the present state of scientific knowledge, a relatively rigorous method for examining the futures of socio-political phenomena. The second aim is to set out to use the methodological approach(es) established in the first part of the study to examine the future of China, both as an applied example of the use of the methodology as well as an end in itself within IR’s sub-field of China studies. Thus, the thesis fits within the areas of future studies and China studies, but with a particular focus on the implications of the research for political science and IR within the broader social sciences. The research reveals that the most suitable candidate for researching socio-political futures, at least until computer modelling and complexity theory are refined enough to examine the future with greater accuracy (if this is possible), is scenario construction, given that it deals not with prediction of definite outcomes, but with future possibilities. -
Index Nominum
Index Nominum Abualcasim, 50 Alfred of Sareshal, 319n Achillini, Alessandro, 179, 294–95 Algazali, 52n Adalbertus Ranconis de Ericinio, Ali, Ismail, 8n, 132 205n Alkindi, 304 Adam, 313 Allan, Mowbray, 276n Adam of Papenhoven, 222n Alne, Robert, 208n Adamson, Melitta Weiss, 136n Alonso, Manual, 46 Adenulf of Anagni, 301, 384 Alphonse of Poitiers, 193, 234 Adrian IV, pope, 108 Alverny, Marie-Thérèse d’, 35, 46, Afonso I Henriques, king of Portu- 50, 53n, 93, 147, 177, 264n, 303, gal, 35 308n Aimery, archdeacon of Tripoli, Alvicinus de Cremona, 368 105–6 Amadaeus VIII, duke of Savoy, Alberic of Trois Fontaines, 100–101 231 Albert de Robertis, bishop of Ambrose, 289 Tripoli, 106 Anastasius IV, pope, 108 Albert of Rizzato, patriarch of Anti- Anatoli, Jacob, 113 och, 73, 77n, 86–87, 105–6, 122, Andreas the Jew, 116 140 Andrew of Cornwall, 201n Albert of Schmidmüln, 215n, 269 Andrew of Sens, 199, 200–202 Albertus Magnus, 1, 174, 185, 191, Antonius de Colell, 268 194, 212n, 227, 229, 231, 245–48, Antweiler, Wolfgang, 70n, 74n, 77n, 250–51, 271, 284, 298, 303, 310, 105n, 106 315–16, 332 Aquinas, Thomas, 114, 256, 258, Albohali, 46, 53, 56 280n, 298, 315, 317 Albrecht I, duke of Austria, 254–55 Aratus, 41 Albumasar, 36, 45, 50, 55, 59, Aristippus, Henry, 91, 329 304 Arnald of Villanova, 1, 156, 229, 235, Alcabitius, 51, 56 267 Alderotti, Taddeo, 186 Arnaud of Verdale, 211n, 268 Alexander III, pope, 65, 150 Ashraf, al-, 139n Alexander IV, pope, 82 Augustine (of Hippo), 331 Alexander of Aphrodisias, 311, Augustine of Trent, 231 336–37 Aulus Gellius,