Abstract

Abstract This chapter sets out to trace shifts and evolutions in the legal standing of the individual in international legal thought and practice between 1648 and 1789. In the period examined, the state of nature, legal epistemology, and recognition were the three key, interrelated but distinct concepts that framed debates and laws regarding the individual’s standing in international law. The chapter follows these concepts in the international thought of Thomas Hobbes, Richard Cumberland, Samuel Pufendorf, Christian Thomasius, Johann Gottlieb Heineccius, and Emer de Vattel, and examines the concepts’ applications in practices of war, the international legal order, sovereignty (including growing incompatibility between the sovereign’s two, public and private, bodies), reason of state, and human rights, especially protections of habeas corpus, and the right to freedom of religion.

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