HISTORIA Y RAZÓN DEL PARADIGMA WESTFALIANO

Authors

  • MARCÍLIO TOSCANO FRANCA FILHO

Keywords:

Modern State, Thirty Years’ War, Peace of Westphalia, International Relations, Sovereignty.

Abstract

It’s in the Westphalia Peace Treaties which resides the «birth certificate» of the modern, national and sovereign State, base of the present democratic State and the founding moment of the contemporary international political system. The importance of those treaties are so clarifying for the understanding of the present models of State and Law that they form a real paradigm, the so-called «Westphalian Paradigm », outlined by many writers on Law, Political Sciences and International Relations issues. In spite of being crucial, the «Westphalian Paradigm» has been very little studied and researched in the Law field. The origins, implications and characteristics of the State model which is formed after the Thirty Years’ War, constitutes itself, always from the Jurisprudence point of view, the core of this paper. The article is concluded with a note about the updating of this State model referred by the Westphalia Paradigm.

Published

2008-03-24

Issue

Section

ARTICLES