International Law and Religion: Historical and Contemporary Perspectives
International Law and Religion: Historical and Contemporary Perspectives
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Abstract
This book maps out the territory of ‘international law and religion’ challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. In other words, international law would be the final product of a rationalist and humanist tradition that has become globally ‘adult’. By questioning that narrative of secularization this book places itself in almost uncharted territory. The book consists of a Preliminary Study, written by Martti Koskenniemi, and eighteen chapters arranged in four thematic sections. From the Middle Ages’ early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion and provides referential points that would help in future research in the topic.
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Front Matter
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Preliminary Study
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Part I Natural Law and Ius Gentium
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1
Law, Justice, and Charity in a Divided Christendom: 1500–1625
Sarah Mortimer
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2
Between Scylla and Charybdis: Aquinas’s Political Thought and His Notion of Natural Law and Ius Gentium
Pia Valenzuela
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3
Religion, Empire, and Law among Nations in The City of God: From the Salamanca School to Augustine, and Back Again
Mary M. Keys
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4
Grotius’ Imago Dei Anthropology: Grounding Ius Naturae et Gentium
Janne E. Nijman
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5
John Selden and the Jewish Religious Fountainhead of the International Law of the Sea
Ofir Haivry
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1
Law, Justice, and Charity in a Divided Christendom: 1500–1625
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Part II Human Rights, Between History, The International and Religion
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6
The Religion/Secularism Debate in Human Rights Literature: Constitutive Tensions between Christian, Islamic, and Secular Perspectives
John Haskell
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7
Natural Rights in Albert the Great: Beyond Objective and Subjective Divides
Mónica García-Salmones Rovira
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8
The Past is Never Dead: Christian Anti-internationalism and Human Rights
Pasquale Annicchino
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9
Whose Justice? What Political Theology? On Christian and Theological Approaches to Human Rights in the Twentieth and Twenty-first Centuries
Pamela Slotte
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6
The Religion/Secularism Debate in Human Rights Literature: Constitutive Tensions between Christian, Islamic, and Secular Perspectives
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Part III International Law, Religion, and Territory in the Middle East and the Eastern Mediterranean
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10
Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam
Moussa Abou Ramadan
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11
From Imperial to Dissident: Approaches to Territory in Islamic International Law
Nahed Samour
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12
‘If I forget thee, O Jerusalem’: Religion, International Law, and Jerusalem
Reut Yael Paz
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10
Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam
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Part IV Political Theology and International Legal Theory
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13
The Doctrine of the Providential Function of Commerce in International Law: Idealizing Trade
Ileana M. Porras
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14
The Faith in Humanity and International Criminal Law
Immi Tallgren
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15
Religion and Empire Carl Schmitt’s Katechon between International Relations and the Philosophy of History
Michele Nicoletti
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16
International Law-making and Metaphysical Foundations of Universality: Retrieving an Alternative Metaphysics
Elena Paris
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17
The Law of Nations at the Origin of American Law
Paul W. Kahn
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18
Messianic Visions of the United States: International Law, Religion, and the Cuban Intervention, 1898–1917
Paolo Amorosa
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13
The Doctrine of the Providential Function of Commerce in International Law: Idealizing Trade
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End Matter
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