Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- Table of Treaties
- List of abbreviations
- 1 Introduction
- PART I Peace treaties and international law from Lodi to Versailles (1454–1920)
- PART II Thinking peace: voices from the past
- 5 Vestigia pacis. The Roman peace treaty: structure or event?
- 6 The influence of medieval Roman law on peace treaties
- 7 The kiss of peace
- 8 Martinus Garatus Laudensis on treaties
- 9 The importance of medieval canon law and the scholastic tradition for the emergence of the early modern international legal order
- 10 The Peace Treaties of Westphalia as an instance of the reception of Roman law
- PART III Thinking peace: towards a better future
- PART IV Making peace: aspects of treaty practice
- PART V Conclusion
- Appendix
- Index
8 - Martinus Garatus Laudensis on treaties
Published online by Cambridge University Press: 07 July 2009
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- Table of Treaties
- List of abbreviations
- 1 Introduction
- PART I Peace treaties and international law from Lodi to Versailles (1454–1920)
- PART II Thinking peace: voices from the past
- 5 Vestigia pacis. The Roman peace treaty: structure or event?
- 6 The influence of medieval Roman law on peace treaties
- 7 The kiss of peace
- 8 Martinus Garatus Laudensis on treaties
- 9 The importance of medieval canon law and the scholastic tradition for the emergence of the early modern international legal order
- 10 The Peace Treaties of Westphalia as an instance of the reception of Roman law
- PART III Thinking peace: towards a better future
- PART IV Making peace: aspects of treaty practice
- PART V Conclusion
- Appendix
- Index
Summary
Introduction
Martinus Garatus Laudensis' De confæderatione, pace et conventionibus principum is widely acknowledged as one of the first monographic works on the law of treaties. Whatever the merits of such a characterisation, there is a risk that it may obfuscate some of that work's essential features in its proper legal-historical context. Before considering the substance of the work, it is therefore necessary to consider some of its formal features, if only as a general methodological caveat.
Martinus Garatus on the prince and the law
Before the second half of the seventeenth century, legal monographs on treaties are scarce. That, of course, does not mean that the rich civil and canon law literature of the later medieval centuries does not yield much material on questions related to the law of treaties. As for most questions on aspects of ius gentium (whether understood as ‘law of nations’ or in a less anachronistic sense) and, indeed, for what modern lawyers would be prepared to recognise as questions of international law, much of the material is scattered over a wide range of commentaries in utroque iure, repetitiones, summae, consilia and so on, even though in any of those works there may be privileged loci on particular questions.
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- Peace Treaties and International Law in European HistoryFrom the Late Middle Ages to World War One, pp. 184 - 197Publisher: Cambridge University PressPrint publication year: 2004