Volksunruhen in Württemberg 1789–1801

The juridical force of time forms a critical, but hitherto unexplored part of Hugo Grotius’s discourse on the justice of war and peace. Grotius defines war as a span of time in which disputed rights and armed conflicts between states are examined in reference to temporal coordinates. This method allows him to adjust otherwise static laws to meet the demands of times and spaces in an increasingly expanded world. In doing so, Grotius is also able to reconcile multiple layers of laws in a temporal framework, which suspends one layer of law, to be revived at later times. Finally, cautious in the use of the language of time, Grotius admits both that right demands immediacy, and that justice suffers delays. By this nexus of delay (mora) and emergency (necessitas), Grotius warns against the abuse of ‘time’ as a legal concept to justify unlawful claims, which still rings with alarm today.     

Forgiveness and reconciliation in Hobbes’s natural law theory

Thomas Hobbes’s laws of nature dictate the making and keeping of the social contract. In addition, Hobbes’s natural law theory considers traditional moral virtues, such as mercy and gratitude, as being conducive to peace. Some Hobbes scholars have argued that these other natural laws call for ‘forgiveness’ and facilitate ‘reconciliation’. However, as this essay shows, Hobbes does not use these terms to mean the reparation of broken relationships between victims and perpetrators. Rather, Hobbesian reconciliation refers to efforts to propitiate enemies in order to win their favour, while forgiveness is a synonym for pardon, in the sense of punishment-forbearance. It is argued that neither of these requires true remorse and reparation of the wrong done. By contrasting Hobbes’s conception of anger with that of Aristotle, the article provides an explanation for why Hobbes maintains that the rage of enemies could be appeased by instrumental calculations of expected benefits, thus ignoring more deep-seated resentments caused by moral wrongs.     

Historian or Philosopher? Ian Hunter on Kant and Vattel

Summary

Ian Hunter's essay pursues several lines of argument, one explicit and the others not. The first is that of an historian correcting the mistaken view among Kantian commentators that Kant's conception of international justice had displaced Vattel's as the dominant one in nineteenth- and twentieth-century international thought. The second, which is not acknowledged, is that of a philosopher entering a debate over the relative cogency of the two conceptions. To accomplish this unacknowledged philosophical task, Hunter exaggerates the importance of Kant's metaphysics in his treatment of international justice and understates the element of raison d'état in Vattel's casuistical ethics. The subtext in both lines of argument is criticism, political rather than either historical or philosophical, of Kant's effort to articulate principles of international justice, together with implicit advocacy of Vattelian ethics as a corrective to Kantian ideology.     

The Locke Essay: Achievement and Promise

Abstract

Strauss's essay on Locke is devoted to Locke's early lectures on the law of nature, a text unpublished when he initially wrote on Locke in Natural Right and History. One purpose of his essay was to show that the Locke text did not contradict the position on the law of nature that Strauss had earlier attributed to him. Strauss also used the essay as an opportunity to further his own reflections on traditional natural law doctrine.     

政治和法治的钟摆——以国家观念(文化)史为视角

法治是人类经过长期的探索,才得以确立政府应该负责的一种信念。历史上,法治从对宗教自由和公德心的承认发展而来。国家在认可个人的宗教自由和公德心的同时规定了对自身的基本限制。西方现代法治进一步延伸了宪法控制政府行为的观念。法律制定是国家权力的明显体现,而被制定的法律是国家政策转化为行动的中介并对整个政府行为均具有约束力。这意味着政府当局不能采取任何与议会或宪法相抵触的行动,意味着法律优先于任何的、所有的其他政府手段,受到立法机关法律的、政治的首要性的支持。借助国家观念史的演进历史来分析,可以说明政治和法治的钟摆始终是在回答为什么必须使用国家权力,然后才是如何防止权力的滥用(即权力守法)这两个问题所代表的倾向之间摆动。     

关税特别会议的评价问题——以“关税自主案”为中心的分析

关税会议对恢复中国关税自主权问题的讨论以及它所通过的关税自主案,既是当时社会各界关注的焦点,也是评价关税会议的要点。关税自主案既非有效条约亦非国际协定,并不具有约束各方的国际法效力,不能对其评价过高。从其形成过程来看,关税自主案存在悬而未决的问题。围绕关税会议而形成的关税自主运动高潮及其本身所体现出的自主趋向,方为认识和评价关税会议的基本层面。     

从国际法论中日钓鱼岛争端及其解决前景

章认为从国际法方面看钓鱼岛的主权属于中国,日本所主张的“无主地先占”原则根本不能成立。根据联合国新海洋法和国际司法判例,钓鱼岛不应享有大陆架和专属经济区,亦不具有划界效力。中日东海大陆架的划分应遵循公平和自然延伸的原则。在和平解决争端的前景下,钓鱼岛问题面临三种可能的选择。     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.