V Methodology and Theory, 42 The Reception of Ancient Legal Thought in Early Modern International Law
Kaius Tuori
From: The Oxford Handbook of the History of International Law
Edited By: Bardo Fassbender, Anne Peters
- Subject(s):
- Ancient Times to 1648 — Since World War II — Use of force, war, peace and neutrality — High seas
During the early modern humanistic revival of legal science, scholars sought material and inspiration from classical, mostly Roman, sources. Because generally the reception of law or the transfer of elements of one legal culture to another involves changes in the transferred elements as well as the recipient culture, this reception of ancient law was a complex affair in which not only the content of ancient law but also its cultural prestige were employed to further the agenda of the scholars who utilized it. Furthermore, the transferred law, in the way legal...