Join the new world

Salve, inizio oggi una rubrica in inglese, che mira a gettare unpò di cultura in questo gioco che non diverte più. Chissà se ispirerò qualcuno a cambiare l'-emondo.


Since the start of humanity on the globe, circa twelve thousand years ago, humans evolved from their Paleolithic ancestor into more complex societies. More importantly people have evolved not only themselves but also, many areas of daily life that now are integrating part of our very existence. Probably, the fields that have developed the most fall into the categories of; Business and Economics, Political theory, Warfare and sciences. One of the areas, which are easily overseen,but deserves more focus is Law. Law, “The idea that order is necessary and chaos inimical to a just and stable existence”. Law is a field, which envelops the entirety of life. When we work, invest money, travel for leisure or even dispose of our garbage. Law is an un-seen presence that guides our actions. The idea of law is abstract and theoretical, it only transforms into tangible acts once it is enforced. The complexity of the field of Law, the amount of detail it manages to account for is one of the reasons why law is so essential to us. Nonetheless it is also one of the reasons why managing to coin a clear-cut universal definition is very complicated, and requires someone to have totally mastered the subject. One of the most devoted authors on the subject of Law is Dr.Malcolm Nathan Shaw. Dr. Shaw is a British legal academic and lawyer, in his 1977 publication International Law Dr. Shaw defines law as:

“…that element which binds the members of the community together in their adherence to recognised values and standards. It is both permissive in allowing individuals to establish their own legal relations with rights and duties, as in the creation of contracts, and coercive, as it punishes those who infringe its regulations. Law consists of a series of rules regulating behaviour, and reflecting, to some extent, the ideas and preoccupations of the society within which it functions.”

Borrowing Dr Shaw’s definition of law helps us to better understand the purpose of law and the way in which it acts. We shall not be tackling law as a whole, we are more precisely looking at the sub-field of international law. International law has been defined as “the body of rules and principles of action, which are binding upon civilized states in their relations with one another.” Out of all the fields within Jurisprudence, international law is one of the most recent. The foundations of modern international law have its roots in roman law, Jus Gentium. Jus Gentium, is the evolution of Jus Civile. Jus Gentium improved deepen the structure of roman common law. It clarified how commerce, legal relations and bureaucratic matters were to be resolved. Not only between roman citizens, but also between roman citizens and aliens, as between aliens acting within the Roman Empire. The link between roman law and modern international law is the concept of Natural law. The idea that there are some universal rules that are created by rationality and logic and they are embedded within everyone.The concept of natural law, was borrowed by the romans from Greek Stoicism of the 3rd century B.C.E. International Law, as we know it today, emerged between the end 16th and the beginning of the 17th century. The spark needed to start the process of change, were the concepts of sovereignty coined in 1576 Jean Bodin and the Peace of Westphalia of 1648. in the words of Dr. Brierly “ The peace of westphalia, which brought to an end in 1648 the great thirty years war of religion, marked the acceptance of the new political order in Europe.”



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