Exterior Graouus Law Contemporary Study Research
June 09, 2021 09:21 Source: "China Social Sciences", June 9, 2021, Issue 2183 Author: Chen Yan

Gaumers's death,Its international legal book "On the Law of War and peace" (hereinafter referred to,Even when it became a Westparian meeting, it was widely quoted by the governments of various countries。and with the European legal and ideological circles entering the so -called "natural law" theoretical period,Various Latin amendments of "Law" also appeared one after another,and gradually increase (more than 30 in 1750),At the same time、Ying、Method、Deed and other translations have also been released in succession。As W. Dunning said: in the century of Graphus,"The most progressive thinkers of the Protestant Europe and all countries regard Gradonus as the end of the end of the truth of the political theory",and see him and Hobbus as an ideological authority in the field of nature。and then the 18th century to the first half of the 19th century,or it can be regarded as a period of "controversial" theory of Graouus law,Ru Bell、Libniz、Thomas Reed、Hamson、Hume、Rousseau、Locke, Philmer and others,Both have made a brief comments on Grandus's or their thoughts,Or theoretically faintly compared with it。After a period of "theoretical dark period" in the second half of the 19th century,early 20th century,Research on the Laws of Graouus gradually rise,and richer。

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In the "Research Statement" of Gradus International Law since the 20th century,The most commonly mentioned is the rejuvenation of the so -called "Gropius Traditon"。This tradition Bet365 app download is mainly formed on the basis of the "Hobesism" or "realism" in the theory of international law,It regards "the law between the country as a moral command",I believe that legislators must not only consider their own interests,It is necessary to consider the "O’Connell" (O’Connell)。Its representative, H.lauterpacht, summarizes several characteristics in the article "Gradisia Tradition in International Law",For example, "international relations are placed under the rule of law as a whole; natural law is the source of independence of international law; human nature or nature is the basis of natural law; rejection of national reasons; distinguish between war of justice and injustice",etc.。But as John T. Parry revealed: this research paradigm,The current theoretical appeal of "Liberal International" (liberal International ",Seeking a global establishment of a "EU" similar to the "expansion version",Putting more national power to international organizations or institutions。

Another representative "research paradigm" is the so -called "The English school" or "libras"。The school started at the London Institute of Political Economics, UK,The "Integration School" belonging to the theory of international law,Although the sincerity of the theory between different members is,For example, pluralists who emphasize different respects (Pluralists),Solidarists (Solidarists)。An important theoretical contribution of the British school is related to the inspection of the "international law tradition",For example, Martin Wight since the 1950s,Division of three international law traditions: Hobbesism、Grassyusism、Bet365 app download Kantism。According to this distinction,Graouxisian disclosure of international law,Both Hobbesist regards international politics as a place for the country to fight each other,Different from Kantian people who regard international politics as a human moral community that transcends the national border,and more biased towards the "Via Media" (Via Media) between international "anarch" and "utopia",Balance "morality" and "reality" two dimensions。But,British schools have also been criticized for a variety of criticisms,Summarized by M.Finnemore: First of all, it is too much emphasis on historical narrative,Followed by its theoretical constructiveness is obviously insufficient,Lack of clear claims and research design,At the same time,It also lacks its "Chinese hypothesis" theoretical test in reality。

  "History of Thought" angle

Except for a specific "Research Parapeit",Graphus Studies in the field of legal thought in the history of legal thought,can also be described as different categories、Loving branches and leaves,The author is suitable for selection。First,"Grassus and Stoia"。Hans Blom (Hans Blom) and Laurens Winkel have summarized the Graouus research under the horizon of "Neostoicism" from three themes: Social desires、Natural Law and Decision Theory。Among them, "social desire" is related to the important concept of Stoia: "Oikeiōsis)。A large number of studies on this word,It has revealed the integration of "self -interest" and "altruism" in the theoretical vision of Stoia,This concept also helps us re -understand the status of "self -preservation" in the theory of Graphus bet365 best casino games Natural Law: It reveals the "self -interest" sex of "domestic law",There is no contradiction between the "universal morality" of "international law",Instead, it can be transformed in intrinsic。This key theory,It is also the main defensive theory of CARNEADES, which is used to fight against its main theoretical opponent "College Suspectism" in "Legal Rights".。

2,"Graouxi and the Dharma"。Larry May and Emily McGill edited by Grotius and Law (2014) in this field,Among them, it not only contains articles in the very important research of Graouus law,involving "natural law and natural rights", "Roman law" and "property rights" and other fields,It also includes political philosophy authorized articles such as "Contract theory", "International Order" and "Graouxis Tradition",From it, you can basically grasp the research general direction of Graouus in the development of contemporary law。

third,"The Theological Background of Graouus International Law"。Christoph α. STUMPF has contributed the most important work in recent years: "Graouus's International Law Theology"。Stapov reminds contemporary researchers: Classical international law ideas have not built its theory in the "intelligent vacuum bottle",but deeply rooted in the long tradition,Ru Grassus deeply rooted in the tradition of Christian legal ideology。but,Because the author emphasizes excessive emphasis on the adaptability of this Christian legal tradition and the "free concept" in modern international law,For example, the integration of the thought of "all the laws of the people" with Roses,The author also made Gradus's one -sided "liberal" treatment。bet365 live casino games It's just that he emphasizes,Graouus's legal thought belongs to the legal ethics of "positive freedom" with modern "negative freedom",And this "positive freedom" comes from theological support behind its international law。But,Gradus's law theory is actually not only rooted in traditional Christian law,It is the background of the era of "Christian Chaos" that has a more complicated "Christian chaos",where,Various Catholicism and Protestant theories are antagonistic,J. P. Heay emphasized: Graouus's theology is a product of religious reconciliation,And its legal theory says to some extent,It is part of its "protection of education",That is, he tried to rebuild through law and religious theory,to defend the "Christian World Order" that was about to collapse at that time。

 "Researcher" angle

Richard Tuck, a professor at the government department of Harvard University, is undoubtedly the key figure of the Cambridge school research Grassus,He not only re -edited and revised the famous "Legal Right" academic book, a well -known "Legal Management" translated by Baberak (originally French) in the early 18th century,And in many research works and papers in recent years,Both have substantially promoted Graouus in the tradition of humanism、Law research in modern natural rights。For example,In its "The Rights of War and Peace",Tucker focused on the relationship between Gradus's law and the tradition of "humanism" at that time,Emphasize Grassus to agree with the "barbaric civilization" outside the Christian world,Even the legitimacy of wars of war that violates the spirit of natural law in the Christian world;Bet365 app download ,Tucker's religious tolerance for Graouus,and the importance of the importance of the "international alliance" beyond the sovereignty,Also with more ink; and in its relatively close book "Sleeping Sovereigner",Tucker proposed the "power to form" and "non -daily" features of the "sovereign" theory in the Grapeus law,This is fundamentally different from the concept of sovereignty with "daily" permanent nature with Bodan,This research is undoubtedly the latest achievement of Graouus sovereign theory。

but but,The above views are also worthy of scrutiny,For example, whether Grassus is really as Tucker said,Follow the tradition of humanism at the time,"Provided the country with the most extensive right to launch war"? And as Prol.29 emphasizes: "Prol.29):" You must find an appropriate remedial measure between two extremes,We can't believe everything that is not allowed,Can't believe everything allowed。"and in the war law such as the" right to war ",Gaumers adopts the "remedy" method of "overkill" theory,"Middle Road" for seeking actual theoretical effects,instead of simply standing in a certain position of "war" and "peace"。So,We can also say: Graouus strongly respects the right to war in Christian countries,Not a "normal demonstration",It is based on a "very state",or the "exception state" of the Christian war and its theoretical direction at the time。Therefore,Graouus may not be a "good warrior" in Tucker's pen,Instead, there is a "no last resort"、More prudent theoretical considerations。The last thing to mention is the famous Graphus journal "GROTIANA",It provides the most comprehensive bet365 Play online games and cutting -edge Graphus research in the English academic community today,It is worthy of our theoretical trend at any time。

 (Author Unit: School of Humanities, Tongji University)

Editor in charge: Zong Yue
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