Alberico Gentili (14 January 155219 June 1608) was an Italian jurist, a tutor of Queen Elizabeth I, and a standing advocate to the Spanish Embassy in London, who served as the Regius Professor of Civil Law at the University of Oxford for 21 years. He is regarded as the co-founder of the field of international law, and thus is known as the "Father of international law".

The first medieval writer on public international law, Gentili became in 1587 the first non-Englishman to be a Regius Professor. He also authored numerous books, which are recognized to be among the most essential sources for international legal doctrines, but also include theological and literary material.

Early life and family

Gentili was born into a noble family in the town of San Ginesio, Macerata, Italy. It has been conjectured that Gentili's mother might have been the source of his early love for jurisprudence, but it was his father, Matteo Gentili, a physician, who assumed the role of his tutor in Latin and Greek. His father was a protestant. He obtained a doctoral degree in law at the University of Perugia at the age of 20.

After a short stay in Wittenberg, Germany, Gentili returned to Oxford. In 1584, he was consulted by the English government as to the proper course to be pursued with Bernardino de Mendoza, the Spanish ambassador, who had been detected plotting against Elizabeth. He chose the topic to which his attention had thus been directed as a subject for a disputation when the Earl of Leicester and Sir Philip Sidney visited the schools at Oxford in the same year; and six months later this was expanded into a book, the . As a result, Mendoza was expelled from England. Gentili held the regius professorship until his death, but he turned more and more to practical legal work in London from about 1590. He practised in the High Court of Admiralty, where the continental civil law rather than the English common law was applied. In 1600, Gentili was called to the Honourable Society of Gray's Inn.

Personal life

In 1589, Gentili married Hester de Peigne, a French Huguenot. Their eldest son was Robert Gentilis, born 1590, who graduated from Oxford at the age of twelve and was made a Fellow of All Souls College, Oxford, at the age of seventeen through the influence of his father. Gentili died in London and was buried in the Church of St Helen Bishopsgate in the City of London.

Works

thumb|In titulum Digestorum De verborum significatione commentarius, 1614

In 1582, Gentili published De Juris Interpretibus Dialogi Sex. This book shows Gentili as a staunch supporter of the bartolist method and an opponent of the French humanist jurists like Jacques Cujas, who applied philological methods to the sources of Roman law. Gentili's first book on issues of international law was De Legationibus Libri Tres, published in 1585. Between 1588 and 1589 Gentili published three booklets collected as De Jure Belli Commentationes Tres. An enhanced edition appeared under the title De Jure Belli Libri Tres in 1598. It is considered his main work and a classic of public international law. The book is praised for its modernity and its skilful use of civil law concepts but also for its closeness to the actual practice of international law. Gentili published De armis Romanis in two parts in 1590 and 1599. While less studied than his earlier works, De armis Romanis has been the focus of recent scholarly attention by Christopher N. Warren, Diego Panizza and others.

After his death, Alberico Gentili's brother Scipione, who had become a professor of law at Altdorf, published a collection of notes on cases Alberico had worked on as an advocate for the Spanish embassy. The book bears the title Hispanicae Advocationis Libri Duo and appeared in 1613. All the books mentioned above are available in modern editions or reprints:

  • De Iuris Interpretibus Dialogi Sex. Edited by Guido Astuti. Torino 1937.
  • De Legationibus Libri Tres. With an introduction by Ernest Nys. New York 1924.
  • De Iure Belli Libri Tres. 2 Vols. Text and Translation by John Rolfe. Oxford 1933.
  • Hispanicae Advocationis Libri Duo. Text and Translation by Frank Frost Abbott. New York 1921.
  • Ad titulum Codicis ad legem juliam de adulteriis Commentarius, in G. Minnucci, Alberico Gentili tra mos italicus e mos gallicus. L'inedito Commentaro ad l. Juliam de adulteriis, Bologna 2002.

Giovanni Minnucci (a cura di), De papatu Romano Antichristo Recognovit e codice autographo bodleiano D'Orville 607, Studi e Testi, nº 17, Milano, Archivio per la Storia del diritto medioevale e moderno, 2018, p. CLXII+352. Others:

Legacy

Gentili's fame as an international lawyer was soon eclipsed by the publication of Hugo Grotius' seminal work De Iure Belli ac Pacis in 1625 even though Grotius owed much to Gentili's writings. It was only in the 19th century that interest in Gentili revived, to a great extent because of Sir Thomas Erskine Holland (1835–1926), who in 1874 devoted his inaugural lecture as professor of international law and diplomacy in Oxford to Gentili. According to a 2022 study, Gentili's work on the laws of war were of marginal interest until the late 19th century, when a group of international lawyers used his writings in part to establish the contemporary laws of war. Since then, numerous books and articles have been written about Gentili and his work. In his hometown, a monument was erected in his honour.

Statue of Alberico Gentili

thumb|Statue of Alberico Gentili

The statue of Alberico Gentili is a monument made by Giuseppe Guastalla in 1908 in view of the third centenary of his death. The statue played a symbolic role during the Italian campaign, precisely during the liberation of San Ginesio by the Allies. The plaque added in 2009 briefly mentions the story:

References

  • Centro Internazionale Studi Gentiliani