German practice in the sixteenth century was catching up with the more centralised systems that had existed in France and Italy since the fourteenth century - punishment was in theory severe but in practice the system was governed by the ubiquity of pardons and out-of-court settlements. The significance of the reforms was to give the state greater purview over private settlements. Sovereign authority was enhanced by the exercise of grace through pardons and remissions. But there were some peculiar features about the peace in the feud in Germany. This chapter sets out the traditional practices of Sühne, its interaction with the law and the church, and some reasons for its decline in the seventeenth century. Like other northern Europeans, Germans did not develop the sophisticated ethico-political treatises that the problem of violence encouraged in Italy, and the domain was largely left to moralising sermons. But during this period, educated Germans were exposed to new stoic ideas about peace. German ego-documents are especially rich in their ruminations on quarrels and the ups and downs of litigation and peacemaking.

This chapter explores the ways in which law and violence were co-ordinates in the pursuit of everyday enemies. Contrary to what we might expect from Europe’s most civilised region, early modern Italy experienced rates of violence that were far higher than its neighbours. The problem was not due to lawlessness. Italy’s highly developed legal systems and bureaucratic mechanisms of state control were widely admired by contemporaries. There was not too little bureaucracy and litigation but rather too much. It remains commonplace to ascribe the early modern Italian problem of violence to a variety of cultural reasons, a hangover from the Middle Ages, a consequence of the climate or the product of so-called ‘Mediterranean’ values. But vendettas were neither inevitable nor interminable. Late medieval cities developed a panoply of judicial and extrajudicial forums for settling disputes and the ideals of police and good government were medieval in origin. This chapter takes a closer look at how the law and legal system shaped vendetta.

This concluding chapter revisits some of the key issue areas in peace settlements, which have been covered in the International Law and Peace Settlements volume, to demonstrate how past settlement practice has added to the repertoire of legal tools that can be deployed in conflict settlement, and to highlight the contours of the relationship between this settlement practice and international law. By reflecting on the ‘patterns’ of approaches and provisions that have emerged in settlement practice in addressing these key issues, the chapter lays some empirical foundations to interrogate the normative character of these emerging ‘patterns’ of legal tools in peace-making. The normativity to legal tools for peace-making is considered in the context of the diversity in settlement actors and in the legal character of settlements, with a view to identifying how settlement practice has affected international law, and whether it is possible, helpful or necessary to proclaim the existence of a lex pacificatoria.

This introductory chapter identifies the key questions and themes for the International Law and Peace Settlements volume, and provides a framework and conceptual map for analysing the relationship between international law and peace settlement practice. In particular, it examines the concepts of peace and war, and their relation to law, before developing a working lexicon for peace agreements and settlements. The chapter then critically examines the legal character of peace agreements and settlement commitments as ‘legal tools’ for peace-making. This analysis provides essential foundations to map out the ways in which peace settlements and international law can interact. Those forms of interaction become key focal points for the various contributions in the remainder of the volume. The thematic rationale and structure of the volume is explained to orientate the reader in light of its key themes and questions.