Giuliano MARCHETTO

Original title: Il diritto di vita e di morte in guerra nel De iure belli libri tres (1598) di Alberico Gentili (1552-1608)

Published in The World of Tradition

Keywords: Death, Law, Life, Power, War.

In war, there are situations in which one side is given the power of life or death over the other. The medieval legal tradition tries to bring this power back into law and to limit it. The Italian jurist Alberico Gentili in his work De jure belli libri tres (1598) represents, in the modern age, the attempt to offer an interpretation of war as an instrument of justice and therefore regulated in every aspect by the law. Gentili’s theory is the opposite of a different tradition, ancient but always resurfacing in history, which instead sees war as a place from which law is absent, is silent and only violence, which includes an unlimited vitae necisque potestas, thus becomes the origin of law and of every new power and order.