International Judicial Monitor
Published by the International Judicial Academy, Washington, D.C., with assistance from the
American Society of International Law

Summer 2016 Issue
 

Leading Figures in International Law

 

Alberico Gentili, Italy

Alberico Gentili

By: Jason K. Everett, Staff Writer, International Judicial Monitor

Alberico Gentili was one of the earliest writers on international law and an influential figure in the realm of modern legal education. Gentili, one of four men known as the "Fathers of International Law," was born to a noble family in the Macerata region of Italy on January 14, 1552.  He took an interest in law at an early age and earned a doctoral degree in law from the University of Perugia by age 20.

Following his graduation, Gentili was elected as the chief judge of Ascoli in the Marche region of Italy, but rather chose to settle further north in Macerta, his native town, where he served in a number of roles, including the task of recasting the town’s statutes.  His duties, however, were cut short as he was exiled from Italy in 1579 due to his Protestant faith.  

Gentili then set out for England, traveling by way of Tubingen and Heidelberg.  He arrived in London in the autumn of 1580 and sought a position at the University of Oxford.  With a commendatory letter from the Earl of Leicester, the then current chancellor of the university, Gentili was quickly admitted to teach. Gentili’s lectures on the nature and content of Roman law soon became widely known, as did the dialogues and commentaries he published. Establishing his position as an accomplished scholar, Gentili secured an appointment as Regius Professor of Civil Law in 1587.

Gentili’s first book on international law was De Legationibus Libri Tres, published in 1585.  The inspiration for this work was a controversy involving a Spanish Ambassador, Mendoza, who had been implicated in a plot against Queen Elizabeth.  Gentili was consulted as an advisor for the proper course in

 

this matter and chose to expand his impressions into this first work.

His work with the discipline of international law continued with his subsequent works focusing on the nature of war.  Gentili published De Jure Belli commentatio prima in 1588 followed closely by a second and third commentary.  His polished thoughts appeared in De Jure Belli libri tres, published in 1598.  Through these works, Gentili is credited with establishing a strong foundation for the modern concept of sovereignty in international relations.

In 1600, Gentili was admitted to The Honourable Society of Gray’s Inn, one of four Inns of Court, professional associations for barristers and judges in London.  Shortly thereafter in 1605 he was appointed as standing counsel to the king of Spain.

Alberico Gentili died in June 1608 and was buried by the side of his father Dr. Matteo Gentili, who had followed his son to England, in the churchyard of St. Helen’s, Bishopsgate.    Gentili’s work with international law did not become abundantly visible until the 19th and early 20th centuries, despite Hugo Grotius’ work owing much to Gentili’s efforts.  In time, Gentili was recognized for his grasp of the relations of states as a whole, his work to distinguish international questions from other disciplines to which the questions are intimately related, and his attempt to solve these questions entirely independent of the authority of Rome.  He managed to diverge from many historical precedents, applying the reasonings of civil and even canon law, but proclaiming the highest authority to be the Jus Naturae.  Ultimately, Gentili’s work greatly improved upon that of his predecessors in the realm of international law and the discipline was made greater through his scholarship.

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© 2016 – The International Judicial Academy
with assistance from the American Society of International Law.

Editor: James G. Apple.
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