John Finnis

in Human Rights and Common Good

Published in print April 2011 | ISBN: 9780199580071
Published online September 2011 | e-ISBN: 9780191729393 | DOI:

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This chapter is a response to Richard Tuck's paper on making and unmaking boundaries in a natural law perspective. It vindicates (in principle) the establishing of colonial territories, with boundaries, as a humanitarian intervention against tyranny and other injustices in lands not subject to the rule of law made possible by state government and law. The relation between state government (and law) and the division of the world into territories with boundaries is more indeterminate, in classical natural law thought (Aquinas, Vitoria) than Tuck recognizes, and the positive-law iusgentium on such issues has changed and is changing.

Keywords: Richard Tuck; Aquinas; Vitoria; colonial territories; territorial division of the world; iusgentium; humanitarian intervention

Chapter.  3796 words. 

Subjects: Jurisprudence and Philosophy of Law

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