WorldCat Identities

Straumann, Benjamin

Overview
Works: 23 works in 87 publications in 4 languages and 2,305 library holdings
Genres: History  Military history 
Roles: Author, Editor
Classifications: K3161, 342.37
Publication Timeline
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Most widely held works by Benjamin Straumann
The Wars of the Romans : a critical edition and translation of De armis Romanis by Alberico Gentili( )

13 editions published between 2010 and 2011 in 3 languages and held by 1,202 WorldCat member libraries worldwide

This is an English translation of Gentili's classic work, debating the legality and justice of wars waged by the Romans. Gentili pioneered the use of Roman law and just war theory in what would become a leading international law approach to the enduring questions of the justice of empire. Was the Roman Empire just? Did Rome acquire her territories through just wars, and did Rome's rule exert a civilizing effect, ultimately beneficial for its subjects? Or was Roman imperialism a massive injustice - the bellicose conquest and absorption of countless peoples and large swaths of territory under false pretences, driven by greed and a lust for domination and glory? In The Wars of the Romans (1599), the important Italian jurist and Regius Professor of Civil Law atOxford University Alberico Gentili (1552-1608) argues both sides of the debate. In the first book he lays out the case against the justice of the Roman Empire, and in the second book the case for. Gentili's polemic and highly engaging work helped pioneer the use of Roman law and just war theory in what became a leading international law approach to the enduring questions of the justice of empire. Writing in the wake of the first wave of European colonial expansion in the Americas, and relying on models of the controversy about Roman imperialism from Cicero to Lactantius and Augustine, Gentili developed the arguments which were to become pivotal in normative debates concerningimperialism. In this work Gentili, a consummate Roman law scholar, frames the moral and practical issues in a combination of Roman legal terminology and the language of natural law, a combination which was to prove highly influential in the literature from Grotius onward on natural law, the law of nations andwhat eventually became international law
Crisis and constitutionalism : Roman political thought from the fall of the republic to the age of revolution by Benjamin Straumann( Book )

17 editions published between 2016 and 2018 in English and held by 377 WorldCat member libraries worldwide

"This unique study makes both a substantial contribution to our understanding of Roman political thought and a major contribution to the reception of Roman ideas about politics. The book demonstrates the development of a very vigorous tradition of constitutional thinking that arose in response to the crises of the late Roman Republic. The study then proceeds to reorient the discussion of the debt of early modern political thought from the familiar claims about republicanism and republican virtue to the rediscovery of this tradition of Roman constitutionalism. In the first part of the book, we learn how a Roman concept of constitution emerged out of the crisis of the Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked the politician and thinker Cicero and some of his contemporaries to turn a hitherto implicit, inchoate constitutionalism into explicit constitutional argument and constitutional theory. The crisis of the Republic thus brought about a powerful constitutionalism and convinced Cicero to articulate the norms and rights that would provide its substance; this typically Roman constitutional theory is described in the second part of the study. The third part discusses the reception of Roman constitutional thought up to the late eighteenth century and the American Founding, which gave rise to a new, constitutional republicanism. Special attention is paid to the French political theorist Jean Bodin, who emerges as a key thinker in a tradition leading up to Montesquieu and, eventually, the Federalist and John Adams. This tradition was characterized by a keen interest in the Roman Republic's decline and fall and an insistence on the limits of virtue. The crisis of the Republic was interpreted as a constitutional crisis, and the only remedy to escape the Republic's fate--military despotism--was thought to lie, not in republican virtue, but in Roman constitutionalism"--
The Roman foundations of the law of nations : Alberico Gentili and the justice of empire( Book )

13 editions published between 2010 and 2011 in English and held by 303 WorldCat member libraries worldwide

'The Roman Foundations of the Law of Nations makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores how both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world'--Provided by publisher
Roman law in the state of nature : the classical foundations of Hugo Grotius' natural law by Benjamin Straumann( Book )

12 editions published in 2015 in English and held by 289 WorldCat member libraries worldwide

"Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"--
Hugo Grotius und die Antike : römisches Recht und römische Ethik im frühneuzeitlichen Naturrecht by Benjamin Straumann( Book )

12 editions published between 2005 and 2007 in German and held by 108 WorldCat member libraries worldwide

Als Hugo Grotius 1604 vor der Aufgabe stand, die Beschlagnahme eines portugiesischen Schiffes durch eine niederländische Handelsgesellschaft rechtlich zu verteidigen, begegnete er dieser Herausforderung mit der Entwicklung eines konfessionell neutralen Naturrechts, das maßgeblich auf gewissen Normen des römischen Rechts und der praktischen Ethik Ciceros beruht. „Hugo Grotius und die Antike" zeigt, wie diese bisher vernachlässigte normative römische Tradition insbesondere auf Grotius' folgenschwere Entwicklung eines Systems subjektiver natürlicher Rechte einen wesentlichen Einfluss ausgeübt hat. Die Studie leistet damit einen wichtigen Beitrag zur Diskussion um die ideengeschichtlichen Grundlagen solcher Rechte. Das Buch beschreibt die vor- und frühstaatlichen Anfänge des modernen Völkerrechts vor dem Aufstieg des Positivismus und erinnert daran, dass auch heute für ius cogens, Obligationen erga omnes oder inhärente Rechte von Staaten letztlich nur naturrechtlich argumentiert werden kann und dass diese Argumente oftmals in der hier erhellten römischen Tradition stehen. Die Untersuchung wendet sich an Rechtshistoriker, Altertumswissenschaftler und Historiker des politischen Denkens
Adam Smith's Unfinished Grotius Business, Grotius's Novel Turn to Ancient Law, and the Genealogical Fallacy by Benjamin Straumann( )

2 editions published in 2017 in English and held by 2 WorldCat member libraries worldwide

Natural Rights and Roman Law in Hugo Grotius's "Theses LVI, De iure praedae" and "Defensio capitis quinti maris liberi" by Benjamin Straumann( )

2 editions published between 2008 and 2009 in English and held by 2 WorldCat member libraries worldwide

Imperium sine fine: Carneades, the Splendid Vice of Glory, and the Justice of Empire by Benjamin Straumann( )

1 edition published in 2017 in English and held by 1 WorldCat member library worldwide

The state of nature and commercial sociability in early modern international legal thought by Benedict Kingsbury( Book )

1 edition published in 2011 in English and held by 1 WorldCat member library worldwide

Guerre romane e diritto romano by Benedict Kingsbury( )

1 edition published in 2014 in Italian and held by 1 WorldCat member library worldwide

Oikeiosis and Appetitus Societatis : Hugo Grotius' Ciceronian Argument for Natural Law and Just War by Benjamin Straumann( )

in English and held by 1 WorldCat member library worldwide

International law and religion : historical and contemporary perspectives( Book )

1 edition published in 2017 in English and held by 1 WorldCat member library worldwide

This books 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. By questioning that narrative of secularization this book approaches these traditions from a new perspective. 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 --Front flap
The "Corpus iuris" as a Source of Law between Sovereigns in Alberico Gentili's Thought by Benjamin Straumann( )

1 edition published in 2010 in English and held by 1 WorldCat member library worldwide

The Roman foundations of the law of nations introduction by Benedict Kingsbury( Book )

1 edition published in 2011 in English and held by 1 WorldCat member library worldwide

Is Modern Liberty Ancient? : Roman Remedies and Natural Rights in Hugo Grotius's Early Works on Natural Law by Benjamin Straumann( )

1 edition published in 2014 in English and held by 1 WorldCat member library worldwide

Is Modern Liberty Ancient? Roman Remedies and Natural Rights in Hugo Grotius's Early Works on Natural Law by Benjamin Straumann( )

1 edition published in 2009 in English and held by 1 WorldCat member library worldwide

"Ancient Caesarian Lawyers" in a State of Nature : Roman Tradition and Natural Rights in Hugo Grotius's "De iure praedae" by Benjamin Straumann( )

1 edition published in 2014 in English and held by 1 WorldCat member library worldwide

"Antiquitas innovata" : Zeitbewusstsein in den "Variae" Cassidors by Benjamin Straumann( Book )

1 edition published in 2000 in German and held by 1 WorldCat member library worldwide

 
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Audience Level
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Audience level: 0.37 (from 0.11 for The Wars o ... to 0.95 for The Roman ...)

The Roman foundations of the law of nations : Alberico Gentili and the justice of empire The Roman foundations of the law of nations Alberico Gentili and the justice of empire ; a project of the Institute for International Law and Justice at New York University School of Law
Covers
The Roman foundations of the law of nations : Alberico Gentili and the justice of empireThe Roman foundations of the law of nations Alberico Gentili and the justice of empire ; a project of the Institute for International Law and Justice at New York University School of Law
Alternative Names
Benjamin Straumann profesor universitariu suizu

Straumann, Benajamin

Languages
English (68)

German (13)

Latin (1)

Italian (1)