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

17 Pages Posted: 12 Oct 2008 Last revised: 10 Nov 2008

See all articles by Jeremy Waldron

Jeremy Waldron

New York University School of Law

Date Written: November 2008

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.

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

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: https://ssrn.com/abstract=1280897 or http://dx.doi.org/10.2139/ssrn.1280897

Jeremy Waldron (Contact Author)

New York University School of Law ( email )

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

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