Theory and Politics of the Law of Nations
Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries
Biographical note
Tetsuya Toyoda is assistant professor at Akita International University. After several years of experience in diplomatic service, he started his research on the history of international law and has produced a number of articles in English, French and Japanese.
Readership
Students of history of international law, as well as all those who wish to find a clue to the fundamental question why humanity today is compartmentalized into nation-states.
Table of contents
Introductory Note
Preface
Chapter One Introduction
1 The ‘Doctrinal History’ of the Science of International Law since Grotius
2 Theorizing about the Law of Nations with Political Interests
3 A Methodological Note
Chapter Two The Pufendorfian Doctrine as the Standard
1 Late Seventeenth-Century Interpretations of the Grotian Concept of the Voluntary Law of Nations
2 Pufendorf’s Opposition to Grotius’s Concept of the Voluntary Law of Nations
3 Pufendorf Against the Law of Nations Regulating Conduct in War
4 Pufendorf Against Grotius’s Support of the Concept of Punitive War
Chapter Three Holsteiner Court Councilor Samuel Rachel’s Criticism of Samuel Pufendorf
1 The Duchy of Holstein and the Life of Samuel Rachel
2 Late Seventeenth-century Proponents of the Voluntary Law of Nations
3 The Exercitationem juridicam and the Danish Occupation
4 Rachel after the Exercitationem juridicam
Chapter Four Hannoverian Court Councilor Gottfried Leibniz and his Concept of International Legal Person
1 The Duchy of Hannover at the End of the Seventeenth Century
2 The Peace Conference of Nijmegen and De Jure Suprematus
3 The Primogeniture and the Concept of Res Juris Gentium
4 Leibniz’s Two Disciples, Wolff and Vattel, Refuting His Concepts
Chapter Five Saxon Court Councilor Glafey Pleading for Rules of Conduct in war
1 The Duchy-Kingdom of Saxony and the Life of Glafey
2 The Görtz-Gyllenborg Affair and Young Glafey’s Disquisitio
3 In Defense of the Concept of the Voluntary Law of Nations
4 War in the Shared Interest of Europe
Chapter Six Catholic Doctrine of the Law of Nations by Johann Adam Ickstatt
1 The Life of Ickstatt and the Political Context of Würzburg-Bamberg
2 The Modernity of Ickstatt’s Doctrine of the Law of Nations
3 The Misfortunes of the First Treatise of International Law
Chapter Seven Prussian Court Councilor Samuel Cocceji’s Denial of the Voluntary Law of Nations
1 The Prussian Kingdom and the Life of Samuel Cocceji
2 Johann Peter von Ludewig’s Support of the Concept of the Voluntary Law of Nations
3 Cocceji’s Attack on Grotius
Chapter Eight Johann Jacob Moser as Defender of Rights of German States
1 Johann Jacob Moser’s Life and its Political Context
2 Moser’s Concept of the Law of Nations and Practical Methodology
3 Moser’s Anti-Prussianism
Chapter Nine Vattel’s Doctrine of National Sovereignty in the Context of Saxony-Poland and Neuchâtel
1 The Principality of Neuchâtel and the Life of Emer de Vattel
2. The Proposal of Transfer of the Principality to the Elector-Prince of Saxony
3 Vattel’s Doctrine of National Sovereignty
4 The Fortunes of Vattel, of Neuchâtel and of Le Droit des Gens
Chapter Ten Conclusion
Bibliography
Index
Preface
Chapter One Introduction
1 The ‘Doctrinal History’ of the Science of International Law since Grotius
2 Theorizing about the Law of Nations with Political Interests
3 A Methodological Note
Chapter Two The Pufendorfian Doctrine as the Standard
1 Late Seventeenth-Century Interpretations of the Grotian Concept of the Voluntary Law of Nations
2 Pufendorf’s Opposition to Grotius’s Concept of the Voluntary Law of Nations
3 Pufendorf Against the Law of Nations Regulating Conduct in War
4 Pufendorf Against Grotius’s Support of the Concept of Punitive War
Chapter Three Holsteiner Court Councilor Samuel Rachel’s Criticism of Samuel Pufendorf
1 The Duchy of Holstein and the Life of Samuel Rachel
2 Late Seventeenth-century Proponents of the Voluntary Law of Nations
3 The Exercitationem juridicam and the Danish Occupation
4 Rachel after the Exercitationem juridicam
Chapter Four Hannoverian Court Councilor Gottfried Leibniz and his Concept of International Legal Person
1 The Duchy of Hannover at the End of the Seventeenth Century
2 The Peace Conference of Nijmegen and De Jure Suprematus
3 The Primogeniture and the Concept of Res Juris Gentium
4 Leibniz’s Two Disciples, Wolff and Vattel, Refuting His Concepts
Chapter Five Saxon Court Councilor Glafey Pleading for Rules of Conduct in war
1 The Duchy-Kingdom of Saxony and the Life of Glafey
2 The Görtz-Gyllenborg Affair and Young Glafey’s Disquisitio
3 In Defense of the Concept of the Voluntary Law of Nations
4 War in the Shared Interest of Europe
Chapter Six Catholic Doctrine of the Law of Nations by Johann Adam Ickstatt
1 The Life of Ickstatt and the Political Context of Würzburg-Bamberg
2 The Modernity of Ickstatt’s Doctrine of the Law of Nations
3 The Misfortunes of the First Treatise of International Law
Chapter Seven Prussian Court Councilor Samuel Cocceji’s Denial of the Voluntary Law of Nations
1 The Prussian Kingdom and the Life of Samuel Cocceji
2 Johann Peter von Ludewig’s Support of the Concept of the Voluntary Law of Nations
3 Cocceji’s Attack on Grotius
Chapter Eight Johann Jacob Moser as Defender of Rights of German States
1 Johann Jacob Moser’s Life and its Political Context
2 Moser’s Concept of the Law of Nations and Practical Methodology
3 Moser’s Anti-Prussianism
Chapter Nine Vattel’s Doctrine of National Sovereignty in the Context of Saxony-Poland and Neuchâtel
1 The Principality of Neuchâtel and the Life of Emer de Vattel
2. The Proposal of Transfer of the Principality to the Elector-Prince of Saxony
3 Vattel’s Doctrine of National Sovereignty
4 The Fortunes of Vattel, of Neuchâtel and of Le Droit des Gens
Chapter Ten Conclusion
Bibliography
Index
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