A Study On The Thought Of James Kent For International Law

James.Kent is an important jurist in America during18thcentury to19thcentury.His major work,which is named “Commentaries on American Law”,expounds his prime legal philosophy.He himself is called “The father of America’sequity” and “The Blackstone in America”.This thesis is mainly based on the1stvolume of Kent’s “Commentaries on American Law”,and will introduce Kent’s legalphilosophy on International Law.This thesis has four parts.They are introductory theory,Kent’s life story,annotations on Kent’s legal philosophy on International Law and influence on Kent’slegal philosophy on International Law.The introductory theory mainly introduce these parts: the topic basis of thisthesis，literature review，the methodology in this thesis and the structure of this thesis.In the part of Kent’s life story，the thesis introduces Kent’s lifetime and his workon “Commentaries on American Law”.Kent’s life is devided into stage.They areKent’s experiences during studying,being a lawyer,being a judge,and his days after heretired..The next part of the thesis gives a full analysis on the1stvolume of Kent’s“Commentaries on American Law”.This part refers to “An Analysis on Kent’sCommentaries”,including the origin of the International Law,the development of the International Law，the principal of the the International Law，the right and duty of astate in peace，the right and duty of a state in the war，the right and duty of a Neutral，negotiations and treaty and the state’s crime.This part is the main part of this thesis.The author systemizes Kent’s legalphilosophy on International Law and analyzes it.This part includs the origin of theInternational Law，the development of the International Law，the principals of theInternational Law，the nation’s right and duty in war and peace，the Neutral’s right andduty，negotiation and treaties and national crime.The last part of the thesis evaluate Kent’s legal philosophy on.And thencompared Kent with Grotitus, Vattel and Story.In this way,the thesis will showfeatures of Kent’s legal philosophy on International Law.The thesis also discussKent’s influence on the development of International Law in America.At last,the epilogue summarize the whole thesis.