Share
The Invention of Custom: Natural law and the law of Nations, ca. 1550-1750 (The History and Theory of International Law) Hardcover (in English)
Francesca Iurlaro
(Author)
·
Oxford University Press, USA
· Hardcover
The Invention of Custom: Natural law and the law of Nations, ca. 1550-1750 (The History and Theory of International Law) Hardcover (in English) - Iurlaro, Francesca
$ 119.43
$ 149.29
You save: $ 29.86
Choose the list to add your product or create one New List
✓ Product added successfully to the Wishlist.
Go to My WishlistsIt will be shipped from our warehouse between
Monday, June 03 and
Tuesday, June 04.
You will receive it anywhere in United States between 1 and 3 business days after shipment.
Synopsis "The Invention of Custom: Natural law and the law of Nations, ca. 1550-1750 (The History and Theory of International Law) Hardcover (in English)"
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 crucialissues 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'.
