Typology and cross dating

by  |  12-Feb-2020 02:45

The contours of this classical historiography can be, summarily, examined by reference to two major poles.

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They still permeate the study of the history of international law during the period 1550–1700 in the global academia of the early 21st century.

Most of the existing general overviews provide an overwhelming focus on European developments between 15.

This orientation attained its climax with the seconda scholastica embodied by the Salamanca school—its aprioristic and universal character accounting for the embedment of religion and morals in international relations at the dawn of the modern era in the Age of Discovery.

There is, on the other hand, the dismantling of the medieval Respublica Christiana order erected upon the pillars of the papacy and the Holy Roman Empire alongside the parallel long emergence of the modern state (as superiorem non recognoscentes) which gave rise to a Western state system of territorial limited sovereignty and an early modern type of the law of nations (or voluntary law).

In the classical Eurocentric historiography, these two poles converge on the Peace of Westphalia, which is identified as the European geopolitical origin for a modern (or classical) law of nations circumscribed in its application to the rights and duties of states in their external relations, and thus one continually distancing itself—although far from ever entirely superseding it—on grounds of reasons of state from both the moral and religious elements embedded in the natural law tradition.

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