- Hardcover: 252 pages
- Publisher: The Lawbook Exchange, Ltd. (May 1, 2008)
- Language: English
- ISBN-10: 1584775661
- ISBN-13: 978-1584775669
- Product Dimensions: 0.8 x 6 x 9 inches
- Shipping Weight: 1.1 pounds (View shipping rates and policies)
- Average Customer Review: Be the first to review this item
- Amazon Best Sellers Rank: #7,705,545 in Books (See Top 100 in Books)
Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required.
To get the free app, enter your mobile phone number.
A Treatise on the Law of War: Being the First Book of His Quaestiones Juris Publici. Translated From the Original Latin with Notes, by Peter Stephen du Ponceau.
Use the Amazon App to scan ISBNs and compare prices.
The Amazon Book Review
Author interviews, book reviews, editors picks, and more. Read it now
Van Bynkershoek s Quaestiones Juris Publici was first published in 1737. The present translation of the First Book by Peter Stephen Du Ponceau appeared in 1810; this translation is now republished by The Lawbook Exchange Ltd., in its series on the Foundations of the Laws of War, with an introduction by William E. Butler. Although this book is primarily about van Bynkershoek and by van Bynkershoek, the translator features prominently in Butler s informative introduction. Born in France in 1760, Du Ponceau travelled to the United States in 1777 and remained there for the rest of his life, becoming a successful lawyer in Philadelphia. Du Ponceau was a prolific writer, chiefly in the fields of law and history, and a man with a prodigious command of languages. This ability, together with his knowledge of Roman, European, and American law, resulted in an extraordinary translation. Extraordinary not only on account of the fluency and skill of the translation itself but also on account of the annotations that appear in footnotes to the text which display the erudition of the translator and his familiarity with the laws of many jurisdictions. Although the translator is clearly dedicated to van Bynkershoek, as appears from the Preface to the translation, he does not hesitate to express his disagreement when compelled to do so. . . .
Cornelius van Bynkershoek . . . was an advocate in The Hague before becoming a judge, and later president, of the Supreme Court of Holland, Zeeland, and West Friesland. He was a prolific writer, and his writings on Roman- Dutch law are still cited as authority in the courts of southern Africa. . . . the First Book in Quaestiones De Rebus Bellicis is his best-known work. . . . His work is as essential for an understanding of the evolution of international law as that of Grotius. . . . In one respect, however, van Bynkershoek s study is more civilized than a modern discourse on the laws of war. It is concerned mainly with the rules governing combatants or those engaged in illicit trade or conduct and not with the treatment of civilians a matter which has become of primary concern for contemporary humanitarian law as a result of the failure of armed forces to distinguish between military and civilian targets.
Some of the topics considered have a modern resonance, even if their treatment is very different from that of today. . . . Although the contemporary international lawyer may find the subject matter of van Bynkershoek s treatise of little guidance in dealing with modern problems and largely out of date, she will find the legal method employed decidedly modern, for van Bynkershoek uses sources and reasoning in the manner of modern lawyers. . . .
Historical discourse is increasingly being relegated to the dustbin of history. . . . Van Bynkershoek is a key figure in the history of international law and it is a disgrace (to use the word of Du Ponceau) not to know something about him. The present work will, hopefully, do something to redress this situation. --John Dugard, Professor of Law, Centre for Human Rights, University of Pretoria; Professor Emeritus, University of Leiden
[email@example.com]. --The Leiden Journal of International Law, Volume 23, 2010