Taming the Leviathan? The Reason of State in International Law

In humanist political theory, the reason of state mostly described a course of action that did not follow the usual criteria of law but rather what was useful. Nonetheless, a broader understanding of the reason of state focused on the community's core values. Such common interests (ius status or ragion di stato) could be contrasted with, and balanced against, those of the international community (ius gentium or ragione delle genti). According to the latter view, the reason of state did not abolish the rule of law. Rather, it indicated state governance to preserve public safety (conservare lo stato). The article investigates how Alberico Gentili (1552-1608), a religious refugee and Regius Professor at the University of Oxford, transplanted the reason of state from political theory into the law of nations while subjecting it to natural law (ius naturalis), which can be compared to the contemporary notion of jus cogens.