Les prémisses françaises d’un droit international public au milieu du XVIe siècle. La « philosophie civile et d’Estat » de Jean d’Arrérac

Abstract

The jurist and judge of the Parliament of Burgundy Jean d’ Arrérac was the author of a treaty on the Irenarchy and the polemarchy published in 1558. He belongs to a new philosophical and legal current. He tries to relate the old realism issued from the old Tomism with a humanism that proclaims a new “ius humanae societatis”. Beyond the rules that should govern the war in the fairest way it is possible, presents, in the line of Suárez and Vitoria, the external and internal limits of sovereignty. These premises of a balance between the human societies and a legal and formal universality are in the foundation of the bases of the International Public Law.