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Project

Pioneering the Modernisation of the Laws of War and Peace: Balthazar de Ayala (c. 1548-1584) and the Emergence of the Law of Nations

The field of international law owes a significant debt to the works of Hugo Grotius (1583-1645) who, together with Alberico Gentili (1552-1608), has been recognised as a progenitor of a modern and secular law of nations. While much scholarly attention has been devoted to their contributions, other influential authors have predominantly remained in their shadow. One of these is Balthazar de Ayala (c. 1548-1584), a Leuven educated jurist and auditor-general in the Army of Flanders. While in the service of the Spanish Crown, Ayala witnesses the fight against the Dutch Revolt and writes a treatise devoted to the justification of the Spanish war effort in the rebelling Low Countries. His work, De iure et officiis bellicis et disciplina militari libri tres, is both unique and radical. By drawing on a wealth of historical source material, Ayala combines three distinct literary traditions – the laws of war, the duties connected with war and military discipline – to lay the foundations for a new perspective on the laws of war and peace. His focus on legality rather than morality is a radical departure from his theological precursors, and an uncharted source of influence for his successors.

 

This PhD research seeks to establish Balthazar de Ayala as the missing link between late-medieval legal scholarship and Grotius’ subsequent synthesis of the canonist, civilian and theological (i.e. neo-scholastic) traditions within the law of nations. To this end, this research will combine a close study of his written work with an investigation of how Ayala’s experience in the field correlated with his theory. In doing so, the proposed research aims to innovatively demonstrate that Ayala’s influence on modern international law has been greater than previously thought.

Date:1 Nov 2019 →  1 Nov 2023
Keywords:Law of Nations, Roman Law, Legal History
Disciplines:History of law
Project type:PhD project