The Historical Situation of German Jurisprudence [chapter]

Carl Schmitt
2022 Carl Schmitt's European Jurisprudence  
Alberico Gentili (1552-1608) was a Protestant Italian jurist who sought refuge in England against religious persecution and became professor of civil law at Oxford in 1587. He contributed considerably to the formulation and establishment of the principles of modern diplomacy. Most importantly, he claimed that war should be subject to law and that such law must always be founded on right reason and consent. Although his De jure belli libri tres (1598) was soon eclipsed by Hugo Grotius's De jure
more » ... elli ac pacis, the first and third books of which were based on Gentili's earlier work, Gentili was the founder of modern international law. Richard Zouche (1590-1661) became professor of civil law at Oxford in 1620. Acknowledging his debt to Gentili and Grotius, he produced "the first manual" on international law. 23 [Tr.] William Scott Stowell (1745-1836) became judge of the High Court of Admiralty in 1798. 24 Francis Piggott spoke of the "nervous courage" in his elaboration on this 1799 judgment in Transactions of the Grotius Society, Vol. III (1918), 101. 25 Joseph Franz Maria Partsch wrote: "With Roman law as part of the training in private law, jurists receive at once an introduction to the common principles of European civil law. Even today, the concepts of Roman law are throughout the world the presupposition for a type of common conceptual language." See Joseph Partsch, Vom Beruf des Römischen Rechts in der heutigen Universität (Bonn: F. Cohen Verlag, 1920).
doi:10.5771/9783748912156-49 fatcat:eiu2yh4v5rbunpvhm5r3vxmg5i