Ius Gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature

Waldron, Jeremy

doi:10.2139/ssrn.1280897

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Ius Gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature

Jeremy Waldron

New York University School of Law

November 2008

NYU School of Law, Public Law Research Paper No. 08-34

Abstract:
The relation between the law of nature and the law of nations (ius gnetium) remains unclear. This paper examines Gentili's apparent equation of the two, and it considers more generally how abstract natural law reasoning might be improved by the sort of empirical/comparative law reasoning (as we would call it) that thinkers like Gentili, Grotius and others engaged in when they tried to determine what natural law teaches us about the regulation of war.

Number of Pages in PDF File: 17

Keywords: Gentili, ius gentium, law of nations, laws of war, moral reasoning, natural law, positive law

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Date posted: October 12, 2008 ; Last revised: November 10, 2008

Suggested Citation

Waldron, Jeremy, Ius Gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature (November 2008). NYU School of Law, Public Law Research Paper No. 08-34. Available at SSRN: http://ssrn.com/abstract=1280897 or http://dx.doi.org/10.2139/ssrn.1280897

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Jeremy Waldron (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States