1. See, for example, Janis, Mark W. and Evans, Carolyn, eds, Religion and International Law (Martinus Nijhoff Pub, 1999)Google Scholar; Johnston, Douglas and Sampson, Cynthia, eds, Religion, the Missing Dimension of Statecraft (Oxford U Press, 1994)Google Scholar; Novak, David, Jewish Theology and International Society in Mapel, David R. and Nardin, Terry, eds, International Society: Diverse Ethical Perspectives 185–200 (Princeton, 1998)Google Scholar; Max L. Stackhouse, Christianity and the Prospects for a New Global Order in id at 201-14; and Sohail H. Hashnii, Islamic Ethics in International Society, in id at 215-36. With its attention to peace, economic justice, human rights, and international efforts to sustain these, Catholic social teaching (for example, numerous papal encyclicals) provides openings for dialogue with international law. One should also note an important interreligious effort, spearheaded especially by theologian Hans Küng, to articulate a “global ethic.” This effort, however, tends to parallel and overlap with, rather than actively engage, international law. See George, William P., Looking for a Global Ethic? Try International Law, in Janis, and Evans, , eds, Religion and International Law 483–504 (cited above)Google Scholar.

2. Gentili, Alberico, vol 2 De Iure Belli Libri Tres bk 1 ch 12 (Clarendon, Rolfe, John C., trans, ed of 1612, 1933)Google Scholar.

3. Michael J. Buckley argues that the emergence of “modern atheism” may be traced in part to the fact that theologians handed the question of God over to philosophers, thus excluding from public discourse the cognitive importance of religious experience. See Buckley, Michael J., At the Origins of Modern Atheism (Yale, 1987)Google Scholar. While the issue is too large to take up here, one might ask whether, similarly, in the post-Grotian era, See Buckley, Michael J., At the Origins of Modern Atheism (Yale, 1987)Google Scholar. While the issue is too large to take up here, one might ask whether, similarly, in the post-Grotian era, theologians too quickly stepped away from international law, ceding it first to philosophically-minded legal theorists, then to scientifically minded positivists, and finally to problem-solving practitioners.

4. This is not to say that theologians do not focus on substantive issues also taken up by international law, such as human rights, violent conflict, international economic justice, and concern for the environment. But one rarely finds today extensive engagement by theologians of the complex language, history, theories, and internal dynamics of international law.

5. Christopher G. Weeramantry, Preface to Janis and Evans, eds, Religion and International Law at IX (cited in note 1). For an account of the decreasing importance of religion and theology in the “classics” of international law, see Mark W. Janis, Religion and Literature of International Law: Some Standard Texts, in Janis and Evans, eds, Religion and International Law (cited in not e 1).

6. For present purposes, I understand theology in broad terms, as the more or less systematic attempt to “mediate between a cultural matrix and the significance and role of religion within that matrix.” See Lonergan, Bernard J.F., Method in Theology at XI (Herder & Herder, 1972)Google Scholar.

7. Grotius, Hugo, De Jure Belli ac Pacts Libri Tres, Prolegomena, para 11 (Clarendon, Kelsey, Francis W., trans, 1925)Google Scholar. When the Latin text is cited, it is that of Hugonis Grotii, De Jure Belli ac Pads Libri Tres (Sijthoff, A.W., Molhuysen, P.C., ed, 1919)Google Scholar.

8. Helpful introductions to Lonergan's writings include Morelli, Mark D. and Morelli, Elizabeth A., eds, The Lonergan Reader (U Toronto Press, 1997)Google Scholar; Flanagan, Joseph, Quest for Self-Knowledge: An Essay in Lonergan's Philosophy (U Toronto Press, 1997)Google Scholar; and Gregson, Vernon, ed, The Desires of the Human Heart: An Introduction to the Theology of Bernard Lonergan (Paulist Press, 1988)Google Scholar.

9. For two efforts to bring Lonergan's thought to bear upon law and legal practice, see Fejfar, Anthony J., Insight into Lawyering: Bernard Lonergan's Critical Realism Applied to Jurisprudence, 27 BC L Rev 681–719 (1986)Google Scholar; and Araujo, Robert J., Method in Interpretation: Practical Wisdom and the Search for Meaning in Public Legal Texts, 68 Miss L J 225–368 (1998)Google Scholar. I know of no thorough or systematic attempts to extend Lonergan's thought to international law.

10. By self-appropriation Lonergan means arriving—usually after great effort—at an accurate understanding and full acceptance of the dynamic structure of one's knowing and decision-making processes, including the “transcendental” norms or precepts that animate that process: Be attentive, Be intelligent, Be reasonable, Be responsible. See Lonergan, Bernard J.F., Understanding and Being: The Halifax Lectures on Insight, Morelli, Elizabeth A., et al, eds, 3-21, 33–35 (U Toronto Press, 2d ed 1990)Google Scholar. Remarks on the “transcendental precepts” may be found in Lonergan, Method 53 (cited in note 6).

11. Lonergan, Method (cited in note 6).

12. This would be an extension of what Anthony J. Fejfar calls “insight into lawyering.” See Fejfar, Insight into Lawyering (cited in note 9).

13. Though I have put these questions in the first person singular, the first person plural is also appropriate. Lonergan fully expects method to be a collaborative endeavor, and self-discovery and self-appropriation, while highly personal, are hardly private matters. On the collaborative nature of method see Lonergan, , Method at 125–45Google Scholar and passim (cited in note 6).

14. Thus did Henry IV of France hail the 15 year-old Huig de Groot, already acclaimed by Dutch scholars for his brilliance. For an account of the meeting, see Edwards, Charles S., Hugo Grotius, the Miracle of Holland 1 (Nelson-Hall, 1981)Google Scholar.

15. See, for instance, Lauterpacht's, Hersch well-known article, The Grotian Tradition in International Law, in British Yearbook Int'l L 1–53 (Oxford, 1946)Google Scholar. Cf. Bull, Hedley, Kingsbury, Benedict, and Hugo, Adam Roberts, eds, Grotius and International Relations, (Clarendon, 1990)Google Scholar; and The World of Hugo Grotius, in Proceedings of the Int'l Colloquium Organized by the Grotius Committee of the Royal Netherlands Academy of Arts and Sciences (Apa-Holland U Press, 1984).

16. Malanczuk, Peter, Akehurst's Modern Introduction to International Law (Harper Collins, 7th rev ed, 1997)Google Scholar (hereinafter Akehurst's Introduction) extensively rewritten and expanded by Peter Malanczuk.

17. Shaw, Malcolm N., International Law (Cambridge U Press, 4th ed 1997)Google Scholar.

18. Henkin, Louis, et al, eds, International Law: Cases and Materials at XXIV (West Pub Co, 3d ed 1993)Google Scholar edited by Louis Henkin, Richard C. Pugh, Oscar Schachter, and Hans Smit.

19. SirJennings, Robert and SirWatts, Arthur, eds, Oppenheim's International Law 4 n. 3 (Longman, 9th ed 1992)Google Scholar.

20. Malanczuk, , Akehurst's Introduction at 15–16 (cited in note 16)Google Scholar. Malanczuk has extensively revised and expanded Akehurst's text which he says “became a classic among student textbooks within departments of law and political science alike.” Id at XIII. It is noteworthy for our purposes, however, that Malanczuk has carried this passage over verbatim from earlier editions.

21. Shaw, , International Law at 21 (cited in note 17)Google Scholar.

22. Henkin, , et al, eds, International Law: Cases and Materials at XXTV (cited in note 18)Google Scholar.

23. Jennings, and Watts, , eds, Oppenheim's International Law at 4 n. 3 (cited in note 19)Google Scholar.

24. Oppenheim, Lassa, International Law: A Treatise 93 (Longmans, Green & Co., 8th ed 1955) (emphasis added)Google Scholar.

25. Kennedy, David, Images of Religion in Janis, and Evans, , eds, Religion and International Law at 145 (cited in note 1)Google Scholar. For example, the historical introduction to Henkin, et al, eds, International Law: Cases and Materials (cited in note 18), is roughly ten pages long; the text itself runs to nearly 1600 pages. This devaluation of history may pertain to legal education in general. In the preface to his Short History of Western Legal Theory XI (Clarendon Press, 1992)Google Scholar, J.M. Kelly comments on examinations prepared by his colleagues at Oxford: “Anyone to whom they awarded a first-class mark must certainly have a first-class brain and received first-class tuition. On the other hand, it would have been possible for the candidate, no matter which three questions were selected, to write first-class answers even if suffering from the delusion that the world began around the year 1930.” Perhaps the same judgment extends, mutatis mutandis, to general education in international law.

26. Shaw, , International Law at 21 (cited in note 17)Google Scholar.

27. Kennedy, , Images of Religion at 145 (cited in note 25)Google Scholar. I say “sarcastic” because Kennedy is challenging the short shrift given in standard textbooks to history and religion.

28. On decline, see Lonergan, Bernard J.F., The Collected Works of Bernard Lonergan, Crowe, Frederick E. and Doran, Robert M., eds, vol 3 Insight: A Study of Human Understanding, 5th ed, rev and augmented 247–67 (Toronto, 1992)Google Scholar.

29. Grotius, De Jure Belli ac Pads Libri Tres, Prolegomena at para 8 (cited in note 7).

30. Id at paras 9-10.

31. Id at para 11. The Latin text (see note 7) reads: “Et haec quidem quae iam diximus, locum aliquem haberent etiamsi daremus, quod sine summo scelere dari nequit, non esse Deum, aut non curari ab eo negotia humana: cuius contrarium cum nobis partim ratio, partim traditio perpetua, inseverint; confirment vero et argumenta multa et miracula ab omnibus saeculis testata, sequitur iam, ipsi Deo, ut opisici et cui nos nostraque omnia debeamus, sine exceptione parendum nobis esse, praecipue cum is se multis modis et optimum et potentissimum ostenderit, ita ut sibi obedientibus praemia reddere maxima, etiam aeterna, quippe aeternus ipse, possit, et voluisse credi debeat, multoque magis si id disertis verbis promiserit: quod Christiani indubitata tcstimoniorum side convicti credimus.”

32. Id at para 12.

33. Id.

34. Id at para 16.

35. Shaw, , International Low at 21 (cited in note 17)Google Scholar.

36. … most important of all, in God injustice finds an enemy, justice a protector. He reserves His judgments for the life after this, yet in such a way that He often causes their effects to become manifest even in this life, as history teaches by numerous examples.” Grotius, De Jure Belli ac Pacis Libri Tres, Prolegomena at para 20 (cited in note 7).

37. Id at paras 48-50.

38. Bk 1 ch 10 § 1.

39. Bk 1 ch 11 § 2.

40. Bk 1 ch 2§7.

41. For a discussion of these forms of covenant along with pertinent references to De Jure Belli ac Pacis, see Janis, Mark W., Religion and Literature of International Law: Some Standard Texts, in Janis, and Evans, , eds, Religion and International Law at 124–25 (cited in note 1)Google Scholar.

42. Id at 125.

43. For a treatment of Grotius the biblical exegete, see de Jonge, H.J., Hugo Grotius: exegete du Nouveau Testament in World of Hugo Grotius at 97–116 (cited in note 15)Google Scholar.

44. Grotius, De Jure Belli ac Pacis Libri Tres, Prolegomena para 1 (cited in note 7). Grotius indicates the extent of this urge towards systematization and abstraction when he remarks: “If anyone thinks that I have in view any controversies of our own times, either those that have arisen or those which can be foreseen as likely to arise, he will do me an injustice. With all truthfulness I aver that, just as mathematicians treat their figures as abstracted from bodies, so in treating law I have withdrawn my mind from every particular fact.” (Id at para 58).

45. Edwards, , Miracle of Holland at 47 (cited in note 14)Google Scholar.

46. Chroust, A.H., A Summary of the Main Achievements of the Spanish Jurist-Theologians in the History of Jurisprudence, 26 Am J Juris 112–24 (1981)CrossRefGoogle Scholar.

47. Crowe, M.B., The “Impious Hypothesis”: A Paradox in Hugo Grotius?, 38 Tijdschrift voor Filosofie 379, 381 (1976)Google Scholar.

48. Grewe, Wilhelm, Epochen der Völkerrrechtsgeschichte 231 (Nomos Verlagsgesellschft, 1984)Google Scholar.

49. Tierney, Brian, The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law 1150–1625 at 319-20 (Scholars Press, 1997)Google Scholar. On the question of sources for the hypothesis, see Leger, James St., The “Etiamsi Daremus” of Hugo Grotius 59 (Pontificium Athenaeum Internationale “Angelicum”, 1962)Google Scholar.

50. O'Donovan, Oliver and O'Donovan, Joan Lockwood, eds, From Irenaeus to Grotius: A Sourcebook in Christian Political Thought 788 (Eerdmans, 1999)Google Scholar.

51. See, for example, St. Leger, “Etiamsi Daremus” (cited in note 49); and Serra, Antonio Truyol y, Histoire du droit international public 59 (Economica, 1995)Google Scholar.

52. Dufour, A., Grotius et le Droit naturel du dix-septième siècle, in World of Hugo Grotius at 15–43 (cited in note 15)Google Scholar.

53. Grotius, De Jure Belli ac Pacts Libri Tres, bk 11 ch 20 § 52 (cited in note 7).

54. “It is important to note that Grotius brought religion to the discipline not to exclude other religious groups (be they Calvinists, Catholics, Jew or Moslems), but to show that his religion, a liberal and universal faith, proved that the law of nations was meant to include all people.” Janis, , Religion and Literature of International Law at 125 (cited in note 41)Google Scholar.

55. Besselink, Leonard, The Impious Hypothesis Revisited, 9 Grotiana 3–63 (1998)CrossRefGoogle Scholar.

56. Henkin, et al, eds, International Law: Cases and Materials at XXIV (cited in note 18).

57. Malanczuk, , Akehurst's Introduction at 15–16 (cited in note 16)Google Scholar; and Shaw, , International Law at 17 (cited in note 17)Google Scholar.

58. Grotius, De Jure Belli ac Pads Libri Tres, Prolegomena at para 11 (cited in note 7).

59. Shaw, , International Law at 17 (cited in note 17)Google Scholar.

60. To show that law is not suspended in time of war is one of the aims of De Jure Belli ac Pacis. See Grotius, Dejure Belli ac Pacis Libri Tres, Prolegomena at paras 3-4 (cited in note 7).

61. Id at Prolegomena para 11.

62. Cf. O'Donovan, and O'Donovan, , eds, From Irenaeus to Grotius at 790Google Scholar (cited in note 50): “The universal evidence of natural law was, for [Grotius], a proof that God was active, not that God was dispensable.”

63. See Lonergan, , Insight at 145–51Google Scholar; 284-87; 720 (cited in note 28).

64. Melchin, Kenneth, History, Ethics, and Emergent Probability: Ethics, Society and History in the Work of Bernard Lonergan (U Press America, 1986)Google Scholar.

65. Crysdale, Cynthia S.W., Revisioning Natural Law: From the Classicist Paradigm to Emergent Probability, 56 Theol St 464–84 (1995)CrossRefGoogle Scholar. Given the widely recognized influence of Thomas Aquinas on Suárez, Vitoria, and other contributors to international law—including Grotius—it is worth noting that Lonergan's dynamic world view has its roots in his study of this medieval figure's theological writings, particularly those on sin and grace. See Byrne, Patrick H., The Thomistic Sources of Lonergan's Dynamic World-View, 46 Thomist 108–45 (1982)CrossRefGoogle Scholar.

66. George, William P., International Regimes, Religious Ethics, and Emergent Probability, in The Annual of the Society of Christian Ethics 1996 at 146–70 (Soc'y of Christian Ethics, 1996)Google Scholar.

67. On the recendy recognized convergence of international law and international relations theory, including regime theory, see Slaughter, Anne-Marie, Tulumello, Andrew S. and Wood, Stephan, International Law and International Relations Theory: A New Generation of Interdisciplinary Scholarship, 92 AJIL 367–97 (1998)CrossRefGoogle Scholar. If, as the authors observe, international lawyers and international relations specialists have “rediscovered” each other, might it be possible for international lawyers and theologians to “rediscover” each other as well?

68. Lonergan, , Insight at 141–43 (cited in note 28)Google Scholar.

69. Melchin, Kenneth, Living With Other People: An Introduction to Christian Ethics Based on Bernard Lonergan 49–53 (Liturgical Press, 1998)Google Scholar.

70. We might note that the schemes of recurrence are related conceptually to the “good of order”: not just food for a day but a viable system of food production, processing, and delivery; not just an isolated instance of healing, but a functioning health care system; etc. See Lonergan, , Method at 48–49 (cited in note 6)Google Scholar.

71. Lonergan, , Insight at 144 (cited in note 28)Google Scholar.

72. As a moment of reflection on, say, international environmental law will show, “natural processes” and “human processes” are by no means dichotomous, even if for the sake of simplicity I distinguish them somewhat sharply here.

73. To label the convention the “final product” is perhaps misleading, for it suggests that questions of compliance, of enforcement, of actual state behavior are unimportant. Whether the convention will take hold and actually change the behavior of international actors is an important question. But the assumption here is that the emergence of a multilateral treaty on anti-personnel land mines represents a dramatic shift in the probabilities that state behavior will change. And as the example of this treaty shows, lower schemes of recurrence—for example, grassroots efforts—can be crucial to the emergence of new law and thus new behavior.

74. Lonergan, , Insight at 146–47 (cited in note 28)Google Scholar.

75. For a more extensive argument to this effect, see George, International Regimes (cited in note 66). An overview of the negotiation process may be found in Morrell, James B., The Law of the Sea: An Historical Analysis of the 1982 Treaty and Its Rejection by the United States (McFarland & Co, 1992)Google Scholar.

76. See Lonergan, , Insight at 191–224 (cited in note 28)Google Scholar.

77. See Metzi, Jamie Frederic, Rwandan Genocide and the International Law of Radio Jamming, in 91 AJIL 628, 643Google Scholar.

78. On the manner in which religious faith counters decline, see Lonergan, , Method at 115–17 (cited in note 6)Google Scholar.

79. Melchin, , Living with Other People at 95–100 (cited in note 69)Google Scholar.

80. One may cite as an example the United Methodist Law of the Sea Project, along with Catholics, Quakers and other identifiably religious individuals and organizations that participated extensively in the Law of the Sea negotiations. See Levering, Ralph B. and Levering, Miriam L., Citizen Action for Global Change: The Neptune Group and the Law of the Sea (Syracuse U Press, 1999)Google Scholar. Other examples of “faith in action” may be found in Johnston and Sampson, eds, Missing Dimension of Statecraft (cited in note 1).

81. See Dufour, A., Grotius et le Droit naturel du dix-septième siècle, in World of Hugo Grotius at 16 (cited in note 15)Google Scholar.

82. Shaw, , International Law at 21 (cited in note 17)Google Scholar.

83. Lonergan, Method at 243-44 (cited in note 6).

84. As an example of such movement in this direction, I would note the publication of Janis and Evans, eds, International Law and Religion (cited in note 1). This text is a greatly expanded version of Mark W. Janis, ed, The Influence of Religion on the Development of International Law (Martinus Nijhoff, 1991), a collection of essays which, in turn, grew out of a session of the 1988 annual meeting of the American Society of International Law. In terms of emergent probability, the session—and the planning that went into it—made the collection of essays more likely, and the collection of essays provided some of the conditions for the emergence of the expanded volume.

85. Id at 305-19.

86. See Dupuy, René-Jean, ed, The Future of International Law in a Multicultural World, Hague Academy of Int'l L Workshop, 11 17-19, 1983 (Martinus Nijhoff, 1984)Google Scholar.

87. See Silva, Gerardo E. do Nascimento e, The Widening Scope of International Law, in Makarczyk, Jerzy, ed, Theory of International Law at the Threshold of the 21st Century: Essays in Honor of Krzysztof Skubiszewski (Kluwer L Int'l, 1996)Google Scholar.

88. SirJennings, Robert, Broader Perspectives in International Law, in Legal Visions of the 21st Century: Essays in Honour of Judge Christopher Weeramanfty, eds, Anghie, Antony and Sturgess, Garry497–507 (Kluwer L Int'l, 1998)Google Scholar.

89. See Lonergan, Method passim (cited in note 6).

90. Grotius spent time in prison instead. For an account of his dramatic escape, see Edwards, , Miracle of Holland at 1–9 (cited in note 14)Google Scholar.

91. Jennings, , International Lawyers and the Progressive Development of International Law, in International Law at the Threshold of the 21st Century at 413 (cited in note 88)Google Scholar. Cf. Lachs, Manfred, The Teacher in International Law (Martinus Nijhoff Pub, 2d rev ed 1987)Google Scholar.

92. See Nafziger, , The Functions of Religion in the International Legal System, in Janis, and Evans, , eds, Religion and International Law at 155–76 (cited in note 1)Google Scholar.

93. For historical examples of this mediative function, see Johnston and Sampson, Religion, the Missing Dimension of Statecraft (cited in note 1).

94. Meyjes, G.H.M. Posthumus, Hugo Grotius as an Irenicist, in The World of Hugo Grotius at 43–63 (cited in note 15)Google Scholar.

95. This is Lonergan's functional definition of theology. See Lonergan, , Method at XI (cited in note 6)Google Scholar.

96. For example, a treaty sometimes comes under the name “covenant,” a word that arguably draws some of its rhetorical power from its rich religious heritage. But there is no guarantee that this heritage will be preserved intact once the term has passed into the warp and woof of international law.

97. Whether various theologies promote or hinder progress is often a matter of debate in such areas as women's human rights. See Charlesworth, Hilary, The Challenges of Human Rights Law for Religious Traditions, in Janis, and Evans, , eds, Religion and International Law at 401–15 (cited in note 1)Google Scholar.

98. An extensive application of Lonergan's thought to international law would require careful attention to redemption as a third historical vector, along with progress and decline. See, for example, Lonergan, Bernard, Creating and Healing in History, in A Third Collection: Papers by Bernard J.F. Lonergan Crowe, Frederick E., ed, 100–09 (Geoffrey Chapman, 1985)Google Scholar; and Lonergan, , Insight at 710–51 (cited in note 28)Google Scholar.