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ALBERICO GENTILI - Coggle Diagram
ALBERICO GENTILI
contribution to the development of international law
discovery of the new portions of the globe
emancipation of the several states of europe from the medieval dualism(the tutelage of the pope wasn't possible anymore, no more obligation in following Christianity)
De Iure belli: the law related to the war
combination of practical discussions of the Catholic theologians with the theory of natural law
the Republic belongs to everyone
according to Gentitli, the civil law was not appropriate to regulate the law of war
ius gentium consisted in the combination of rules and it was considered as fair
legitimus titulus ad bellum: the law couldn't be justified by religious motivations(in contrast with Francisco de Vitoria)
the only justification of war was the threats to a State because of religious reasons
the political community had to be protected(res publica)
School of Natural law
thanks to it, the new legal doctrine won against traditional beliefs
17th century
true knowledge could only be acquired by observation
complete novelty of the political organisation
Thomas Hobbes: foundation of the human society in social contract; the law of nature restricts natural rights
status naturae:no political community exists, continuous conflict beween every man(homo hominus lupus). (see slides)
status civitatis
Levithian: the man is motivated by the desire of self perseveration, without a powerful sovereign, we would be in a continuous state of war(see slides)
approach to the legal humanists
too ambitious to achieve the universal culture of law
master to pupil method of teaching
reviving the interest in roman law