Roman Law in the State of Nature

Benjamin Straumann is Alberico Gentili Fellow at New York University School of Law. He is the editor, with Benedict Kingsbury, of Alberico Gentili's The Wars of the Romans: A Critical Edition and Translation of De armis Romanis (2011). With Nehal Bhuta and Anthony Pagden, Straumann edits the new series in the History and Theory of International Law for Oxford University Press.

• Introduction; 1. Natural law in historical context; 2. A novel doctrine of the sources of law: nature and the classics; 3. Proving natural law: the influence of classical rhetoric on Grotius' method; 4. Social instinct or self-preservation?; 5. Justice for the state of nature: from Aristotle to the Corpus Iuris; 6. Grotius' concept of the state of nature; 7. Natural rights: Roman remedies in the state of nature; 8. Natural rights and just wars; 9. Enforcing natural law: the right to punish; Epilogue; Bibliography; Index.

'Grotius' significant influence on the development of international law is undisputed, and existing scholarship has investigated his works from almost every possible perspective. The more surprising it seems, then, that the Roman legacy and, in particular, the significant influence of Cicero's writings on Grotius, have been neglected. Straumann addresses this issue masterfully in his competent and original interpretation. His command of the ancient and early modern material is exemplary.' Peter Schröder, History Today