Chapter

The War of Rights: Just War—<i>Jus ad Bellum</i> and <i>Jus in Bello</i>

Theodor Meron

in Henry's Wars and Shakespeare's Laws

Published in print December 1993 | ISBN: 9780198258117
Published online March 2012 | e-ISBN: 9780191681790 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258117.003.0003
The War of Rights: Just War—Jus ad Bellum and Jus in Bello

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Although the conflict evident in the Hundred Years War between France and England may have been related to the Realpolitik aspirations of both parties, the conflict fundamentally involved a dispute for rights. During Henry V's term, legalism in negotiations which involved both the state councils, and propaganda reached its peak and was not merely about issues concerning marriage, dowries, territories, and other such issues, as Henry could have easily obtained a generous dowry. Although the French Ambassador may have appealed to the Henry's Chancellor Beaufort, Henry's French inheritance made compromise efforts difficult if not completely impossible, so that the war could not be stopped easily. Looking into earlier events, though, exposes how the royal courts of both England and France had already made attempts to achieve positions in law and were able to gain authority to express their claims regarding legal principle.

Keywords: Hundred Years War; France; England; Realpolitik; rights; legal principle; French inheritance

Chapter.  13560 words. 

Subjects: Public International Law

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