Wilson, Charles. eds., Rhetoric and Law in Early Modern Europe, (New Haven: Yale University Press, 2001). [44] Kingsbury, Benedict, and Roberts, Adam, Introduction: Grotian Thought in International Relations, in Hedley Bull et al (eds.) Return to Text. Grotius made the case that everyone had the right to use an ocean, irrespective of whom explored it. Callwell, Small Wars: Their Principles and Practice (1896), Cornelius Tacitus, Agricola (circa 98 AD), Henry Kissinger, A World Restored: Metternich, Castlereagh and the Problems of Peace, 1812-1822 (1957), Christine de Pizan, The Book of Deeds of Arms and of Chivalry (circa 1410), Bhagavad Gita (3rd Century BC- 3rd Century AD), Immanuel Kant, Perpetual Peace: A Philosophic Sketch (1795), Jimmy Carter, Commencement Address at Notre Dame University (May 1977). Return to Text. He registered at the University of Orleans for doctorate in law and the year he spent there was the only period of formal law study in his life. ), Francisco de Vitoria: Political Writings (Cambridge: Cambridge University Press, 1991). Because Grotius makes the violation of natural law as the core “casus belli,” he leaves the window open to endless possibilities for reparations. First, the argument that the freedom of the seas derives not only from nature but also from custom, and therefore from consent (an anticipation of his later theory of property in The Law of War and Peace, Book II. The theme of war and its effect was Grotius’s chief concern and inspiration in De Jure Belli ac Pacis (hereinafter The Law of War and Peace.) Return to Text. Explanation of Grotius Knud, Haakonsen. It is important to mention briefly some of the ideas on the freedom of international navigation and trade developed in Mare Liberum, [6] because many of these ideas will further be advanced by Grotius in The Law of War and Peace. He made this daring argument because he believed that natural law—the most important tool to restrain and regulate wars in Europe—must be independent of religion, applying to all people regardless of their religious beliefs. Throughout his life Grotius wrote in a variety of fields. Return to Text. [38], However, critics of Grotius compare his work with the work of his predecessors to dispute against Grotius’ originality. All quotes in this essay are taken from Hugo Grotius, The Rights of War And Peace: Three Volume Set, Jean Barbeyrac and Richard Tuck eds., (Liberty Fund Inc., 2005),  available at http://oll.libertyfund.org/titles/grotius-the-rights-of-war-and-peace-2005-ed-3-vols. [36] In addition, The Law of War and Peace is considered the first general comprehensive modern work grounded on reason and natural law. His first exposure to public service came in 1598, at age fifteen, when he formed part of a Dutch diplomatic mission to King Henry IV of France. [26] An event or action that justifies a war. Return to Text. eds., The Oxford Handbook of the History of International Law (Oxford: Oxford Univ. Grotius, Hugo, “De Iure Praedae Commentarius”, Clarendon Press, Oxford, 1950. Bardo, Fassbender and Anne, Peters. Return to Text. Natural Law and Moral Philosophy from Grotius to the Scottish Enlightenment, (Cambridge, Cambridge University Press, 1996). Now anything is unjust which is opposed to the nature of a rational society.”[22]. Grotius has often been quoted to “secularize” law or natural law, but the so-called secularization of law was hypothetical rather than categorical. Grotius believed that only wars with just causes should be allowed. See, Emer de Vattel, Loisir Philosophique, ou Pièces Diverses de Philosophie, de Morale, et D’amusement, (Genève: G.C. [12] The idea that everyone desires their body to be in good order. Grotius was born April 10, 1583, in Delft, Netherlands. As a way to clarify what these distinctive circumstances are, Grotius proceeds to define what is, in his view, lawful. The dispute extended to politics, and when Maurice of Nassau gained control of the government, the Remonstrants lost popular support. [27] Quote from De iure praedae commentarius” Available at: http://plato.stanford.edu/entries/grotius/. [21] Supranote 1, Hugo Grotius,The Law of War and Peace. Let us know if you have suggestions to improve this article (requires login). The introduction or Prolegomena holds the highest interest for scholars, for it is here that Grotius articulates and defends the philosophical foundations of his thought.


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