000			02246 a2200265 4500
003			JGU
005			20220906020024.0
008			220725b |||||||| |||| 00| 0 eng d
020			_a9780192897954 _qhbk.
035			_aJGU
040			_beng
041			_aeng
100			_aIurlaro, Francesca, _9849025 _eauthor
245			_aThe invention of custom : _bnatural law and the law of nations, ca.1550-1750 / _cFrancesca Iurlaro.
260			_aOxford : _bOxford University Press, _c2021.
490	1		_aThe history and theory of international law.
520			_a"The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium , explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'."--
650			_aCustomary law.
650			_aInternational law.
650			_aNatural law.
830			_aThe history and theory of international law. _91634857
999			_c2517356 _d2517356