G. Hemmy, De Testimoniis: The testimony of Aethiopians, Chinese and other pagans as well as of the Hottentots inhabiting the Cape of Good Hope, likewise about the complaints of East Indian slaves, A thesis presented to the University of Leiden in 1770 for the Degree of Doctor of Both Laws, Edited and translated from the Latin by Margaret Hewett. UCT, (Cape Town) 1998. XXXIII + 2 x p. 9-67

G. Hemmy, De Testimoniis: The testimony of Aethiopians, Chinese and other pagans as well as of... 392 COMPTES RENDUS taking itself. Would not every old jurist fail in some way or other, when put to the test of present-day professional standards: Bartolus for his scholasticism, Cujas for too much philology, Jhering or Holmes for ideological bias? But what is the use of testing old jurists in this way? Van Bijnkershoek’s work may be of little practical use for modern interna- tional lawyers, but does this affect his fame as one of the founding fathers of international law? Is the greatness of Plato, Thomas Aquinas or Accursius diminished by the fact that they had very unmodern ideas about women? That is quite a different discourse. I would like humbly to submit that, precisely because for the modern jurist van Bijnkershoek is old hat, it seems preferable to study him as an historical figure in his own time, with his own frame of mind, his own objectives and restraints. This may even be more edifying for modern jurists than the foregone conclusion that van Bijnkershoek did not fulfil the professional standards of a modern international lawyer. And the sources available for such an undertaking are really not as limited as Akashi suggests. Nijmegen Govaert C.J.J. van http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

G. Hemmy, De Testimoniis: The testimony of Aethiopians, Chinese and other pagans as well as of the Hottentots inhabiting the Cape of Good Hope, likewise about the complaints of East Indian slaves, A thesis presented to the University of Leiden in 1770 for the Degree of Doctor of Both Laws, Edited and translated from the Latin by Margaret Hewett. UCT, (Cape Town) 1998. XXXIII + 2 x p. 9-67

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Publisher
Brill
Copyright
© 1999 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
eISSN
1571-8190
D.O.I.
10.1163/15718199919683652
Publisher site
See Article on Publisher Site

Abstract

392 COMPTES RENDUS taking itself. Would not every old jurist fail in some way or other, when put to the test of present-day professional standards: Bartolus for his scholasticism, Cujas for too much philology, Jhering or Holmes for ideological bias? But what is the use of testing old jurists in this way? Van Bijnkershoek’s work may be of little practical use for modern interna- tional lawyers, but does this affect his fame as one of the founding fathers of international law? Is the greatness of Plato, Thomas Aquinas or Accursius diminished by the fact that they had very unmodern ideas about women? That is quite a different discourse. I would like humbly to submit that, precisely because for the modern jurist van Bijnkershoek is old hat, it seems preferable to study him as an historical figure in his own time, with his own frame of mind, his own objectives and restraints. This may even be more edifying for modern jurists than the foregone conclusion that van Bijnkershoek did not fulfil the professional standards of a modern international lawyer. And the sources available for such an undertaking are really not as limited as Akashi suggests. Nijmegen Govaert C.J.J. van

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du DroitBrill

Published: Jan 1, 1999

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