International Law in Antiquity (Cambridge Studies in International and Comparative Law)
David J. Bederman
Language: English
Pages: 344
ISBN: 0521033594
Format: PDF / Kindle (mobi) / ePub
This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. Containing up-to-date literature and archaeological evidence, it reevaluates the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations--diplomacy, treaty-making and warfare--in a detailed analysis of the Near East (2800-700 BCE), the Greek city-states (500-338 BCE), and Rome (358-168 BCE). A fascinating study for lawyers, ancient historians and classicists alike.
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227 223 See Chapter 6, pp. 249–52 below. 2 Grote, supra note 201, at 176. 225 Vinogradoff, supra note 221, at 22. See notes 71–76 and accompanying text. See, e.g., 3 Thucydides, supra note 118, at 143 (passage v.76) (where heralds make an overture for the negotiation of a treaty). See 2 R. Genet, Traité et Diplomatie § 757 (1933); 1 Phillipson, supra note 117, at 413–14; Elie Bikerman, La trêve de 423 av. J.-C. entre Athènes et Sparte, RIDA 199, 206–07 (1952). See also the 430 BCE decree by
36° 40° 44° Map 2 Greece (reproduced from the Cambridge Ancient History, volume 5, 2nd edn, 1992) Map 3 Roman expansion (reproduced from the Cambridge Ancient History, volume 7, Part 2, 2nd edn, 1989) 1 A methodological introduction: this study and its limitations This is a study of the intellectual origins of international law. This volume combines techniques of intellectual history and historiography in order to account for the earliest developments in the sources, processes and
See Hoebel, supra note 2, at 268–74. See Dinstein, supra note 1, at 16–17. Professor Dinstein, citing the work of E. Adamson Hoebel, supra note 2, suggested that the ties between law and religion were manifested in a number of ways, including (1) the sanctification of a code or legal system to an ascribed deity, (2) the interpretation of law by priests, (3) the ritualization of legal transactions, (4) the taking of oaths, and (5) the backing of religious sanctions with secular force. This study
Green transl. 1971). For the scholarly literature on the forms of Hittite treaties, see Hillers, supra note 45; McCarthy, supra note 49; George E. Mendenhall, Law and Covenant in Israel and the Ancient 55 Near East (1955). Mendenhall, supra note 54, at 32–35. See McCarthy, supra note 49, at 34–37. See ibid. at 47–48; Mendenhall, supra note 54, at 34. 64 r e l i g i o n a n d t h e s o u rc e s o f a l aw o f na t i o n s vassal treaty between Esarhaddon and Baal of Tyre in 672 BCE,58 followed
dispute arising between a 268 269 271 272 273 274 275 See Herman, supra note 223, at 135. Even though the grant of proxenia was hereditary, every new incumbent needed to be confirmed by the granting state. See ibid. at 138 and n. 56; Leech, supra note 9, at 49–50 (glossing 2 Xenophon, supra note 50, at 37 (Hellenica, passage vi.3)). See Herman, supra note 223, at 136. See also Ténékidès, supra note 251, at 535–38; Walbank, supra note 259, at 5–6; Clayton Miles Lehmann, Xenoi, Proxenoi, and
