Hugo Grotius: On the Conquest of Utopia by Systematic Reasoning

2017 ◽  
Author(s):  
Stefan Kadelbach
Keyword(s):  
International Law ◽  
Natural Law ◽  
History Of Ideas ◽  
Legal Scholarship ◽  
Hugo Grotius ◽  
History Of ◽  
The Many

This chapter seeks to reconstruct the basic elements of Grotian thinking from his two most famous treatises, De jure praedae and De jure belli ac pacis. Both have different biographical and historical backgrounds and an entirely different history of reception. The first is foremost considered as a memorandum to serve commercial interests, whereas the latter is, with some justification, seen to pursue humanist idealism, the systematic ambition of legal scholarship, and the ordering idea of peace. However, since some of what has been called ‘Grotian’ is not much more than a standard taxonomy of the history of ideas, the chapter deals with adaptations of Grotius’ philosophy in natural law thinking and internationalist reception to assess how much of Grotianism came about in later epochs. The many contradictions in the work of Grotius both inspire and invite us to explore the distinctions between moral imperatives and positive international law.

International Legal Histories as Orders: An Afterword to Martti Koskenniemi’s Foreword

2019 ◽  
Vol 30 (4) ◽  
pp. 1115-1119
Author(s):  
Francesca Iurlaro
Keyword(s):  
International Law ◽  
Critical Reflection ◽  
Legal Order ◽  
A Posteriori ◽  
Contemporary World ◽  
Hugo Grotius ◽  
International Legal Order ◽  
History Of ◽  
History Of International Law ◽  
The Many

Abstract In this article I address the question of what Martti Koskenniemi refers to in his EJIL Foreword as Hugo Grotius’ legal imagination – the type of values he was trying to convey and the strategies he meant to pursue while constructing his idea of an international legal order. As a matter of fact, focusing on such an apparently narrow aspect is not just relevant to those with a historical interest in Grotius. It also tells us something about the inveterate relationship between international law and historiographic practices. What I want to suggest here is that the history of international law is not just an a posteriori critical reflection on the international legal order – a subgenre for lovers of intellectual escapism in search of a distraction from the many problems of the contemporary world – but, rather, that one of the many successful projects of international law was (and still is) the ambition to order the world through histories.

Morality and Responsibility of Rulers

2018 ◽  
Keyword(s):  
Comparative Study ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
History Of Ideas ◽  
Chinese Thought ◽  
History Of ◽  
Ethical Thinking

A comparative study of the history of ideas on rule of law. This book examines Eastern and Western traditions to reveal ‘rule of law as justice’ conceptions with differ from the positivist conceptions of the liberal internationalist rule of law today. From an examination of Northern Humanism and natural law it considers whether comparable concepts existed in Chinese thought of the same era. It focuses on the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs, and examines the obstacles to integration of these concepts in modern day international law.

scholarly journals A Importância de Hugo Grócio para o Direito

2016 ◽  
Vol 11 (2) ◽  
Author(s):  
Chiara Antonia Sofia Mafrica Biazi
Keyword(s):  
International Law ◽  
Natural Law ◽  
Philosophy Of Law ◽  
Santa Catarina ◽  
Main Work ◽  
Hugo Grotius ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Ius Gentium

A IMPORTÂNCIA DE HUGO GRÓCIO PARA O DIREITO  THE IMPORTANCE OF HUGO GROTIUS FOR THE LAW  Chiara Antonia Sofia Mafrica Biazi*  RESUMO: O presente artigo visa estudar a figura do jurista e teólogo holandês Hugo Grócio, considerando a época conturbada em que o mesmo viveu e que acabou influenciando seu pensamento e suas obras de forma marcante. Analisam-se as contribuições do autor no tocante ao direito internacional, à filosofia do direito e à história do direito, levando em conta a importância do jurista como um dos maiores representantes do iusnaturalismo laico e um dos principais autores que contribuem para o desenvolvimento do direito internacional. O artigo debruça-se sobre a obra principal de Grócio, o De iure belli ac pacis, frisando os pontos considerados mais relevantes aptos a testemunhar as inovações trazidas pelo autor no direito. PALAVRAS-CHAVE: Hugo Grócio; jusnaturalismo; De iure belli ac pacis. ABSTRACT: The aim of this article is to study Dutch jurist and theologist Hugo Grotius, taking into account the troubled times in which he lived and which ended up influencing his thought and works in a remarkable way. His contributions related to international law, philosophy of law and history of law are analysed, bearing in mind his importance as one of the main representatives of secular natural law and one of the main authors who contributed to the development of international law. The article addresses Grotius main work, namely De iure belli ac pacis, highlighting the most relevant aspects capable of showing the innovations brought by the author into the field of law. KEYWORDS: Hugo Grotius, jusnaturalism; De iure belli ac pacis. SUMÁRIO: Introdução. 1 A vida e as obras de Hugo Grócio 2 A obra de iure belli ac pacis 2.1 Contexto histórico da obra. 2.2 A importância de regulamentar a guerra e o direito natural. 2.3 A hipótese impíssima. 3. Sistema de direito e fontes do direito em Grócio. 3.1 Divisão do direito e das fontes do direito. 3.2 Definição do direito. Considerações finais. Referências.* Doutoranda do Programa de Pós-Graduação em Direito da Universidade Federal de Santa Catarina (UFSC). Mestre em Direito e Relações Internacionais pela Universidade Federal de Santa Catarina (UFSC). Graduada em Direito pela Università degli Studi di Trento. Membro do grupo de pesquisa em Direito Internacional Ius Gentium, registrado no Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq).

Natural Law Republicanism

2021 ◽  
Author(s):  
Michael C. Hawley
Keyword(s):  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Political Legitimacy ◽  
John Adams ◽  
Political Ideas ◽  
The People ◽  
Hugo Grotius ◽  
History Of ◽  
The Individual

By any metric, Cicero’s works are some of the most widely read in the history of Western thought. This book suggests that perhaps Cicero’s most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism’s unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero’s thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero’s vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people’s collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero’s original articulation through the American founding. It concludes by exploring how modern political ideas remain dependent on the conception of just politics first elaborated by Rome’s great philosopher-statesman.

Some Contributions from and Influence of the Italian Doctrine of International Law

2020 ◽  
pp. 433-467
Author(s):  
Giovanni Distefano ◽  
Robert Kolb
Keyword(s):  
International Law ◽  
State Responsibility ◽  
Test Case ◽  
Public International Law ◽  
Legal Scholarship ◽  
Italian School ◽  
German School ◽  
Legal Thinking ◽  
The Law ◽  
The Many

This chapter deals with the contribution of Italian scholarship to public international law. Its approach is two-fold. First, adopting an “external” perspective, the contribution of Italian scholars to the highly esteemed series of Hague Courses of the famous eponymous Academy may shed some light on what the Italian conception brought to international legal scholarship but also on how Italian scholars were perceived by their foreign brethren, and in what context they were quoted. Second, selecting a specific issue, the chapter focuses on the influence of Italian legal thinking on the shaping of doctrines of State responsibility. Among all the many areas of international law, this is one where the Italian school is constantly viewed as pioneering (together with the German school). For example, the writings of Anzilotti or Cavaglieri are often quoted as astonishingly modern exposés of that branch of the law, providing thus a test-case to verify the contribution and influence of the Italian doctrine of international law.

At the Crossroads: Justus Lipsius and the Early Modern Development of International Law

2007 ◽  
Vol 20 (1) ◽  
pp. 65-88 ◽  
Author(s):  
HALVARD LEIRA
Keyword(s):  
Early Modern ◽  
International Law ◽  
Natural Law ◽  
Theory And Practice ◽  
The Enlightenment ◽  
Modern Age ◽  
Modern Development ◽  
The Many ◽  
Late Renaissance ◽  
The Way

Justus Lipsius (1547–1606) was among the most famed intellectuals in his time, but was largely forgotten during the Enlightenment. Intellectually, he stood at an important crossroads, his thought incorporating both late Renaissance traits and precursors of the early modern age. In this article I give a brief intellectual background to Lipsius's thought before concentrating on his thought regarding the lawful interaction between polities, with a focus on lawful government, dissimulation, war, and empire. I then detail the way in which Lipsian thought critically informed later theory and practice. It contained an eclectic mix of divine law, natural law, and positive human law, with some elements borrowed and popularized from earlier writers and others being more original. In the end, his work stands out both as an important inspiration for later theorists and practitioners, and as an example of the many idiosyncrasies and possible trajectories that early international law could have adopted.

Sources and the Legality and Validity of International Law

2018 ◽  
Author(s):  
Mary Ellen O’Connell ◽  
Caleb Day
Keyword(s):  
International Law ◽  
Natural Law ◽  
Ancient Greece ◽  
Global Community ◽  
Positive Law ◽  
History Of

This chapter posits that international law, like all law, can be understood as a hybrid of positive and natural law. The history of natural law from Ancient Greece to today’s global community reveals that the method used for centuries to explain extra-positive features of law consists of three integral elements. The method uses reason, reflection on nature, and openness to transcendence. Certain contemporary natural law theorists, however, prefer to focus on reason and nature alone. Yet, the history of natural law thinking shows that transcendence is integral to the method. History also reveals that religion is not the only avenue to transcendence. Transcendence completes a natural law method capable of explaining persuasively why law binds in general and why certain principles are superior to positive law.

scholarly journals Three Grotian Theories of Humanitarian Intervention

2015 ◽  
Vol 16 (2) ◽  
Author(s):  
Evan J. Criddle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Law ◽  
Humanitarian Intervention ◽  
First Century ◽  
Responsibility To Protect ◽  
Self Defense ◽  
The People ◽  
Hugo Grotius ◽  
Law Of Nations

AbstractThis Article explores three theories of humanitarian intervention that appear in, or are inspired by, the writings of Hugo Grotius. One theory asserts that natural law authorizes all states to punish violations of the law of nations, irrespective of where or against whom the violations occur, to preserve the integrity of international law. A second theory, which also appears in Grotius’s writings, proposes that states may intervene as temporary legal guardians for peoples who have suffered intolerable cruelties at the hands of their own state. Each of these theories has fallen out of fashion today based on skepticism about their natural law underpinnings and concerns about how they have facilitated Western colonialism. As an alternative, this Article outlines a third theory that builds upon Grotius’s account of humanitarian intervention as a fiduciary relationship, while updating Grotius’s account for the twenty-first century. According to this new fiduciary theory, when states intervene to protect human rights abroad they exercise an oppressed people’s right of self-defense on their behalf and may use force solely for the people’s benefit. As fiduciaries, intervening states bear obligations to consult with and honor the preferences of the people they seek to protect, and they must respect international human rights governing the use of force within the affected state. By clarifying the respective responsibilities of the Security Council and individual states for humanitarian intervention, the fiduciary theory also lends greater coherency to the international community’s “responsibility to protect” human rights.

scholarly journals Towards a (radically) decolonial anthropology: revisiting the Iberian school of peace’s encounter with (the rights of) Amerindians / Rumo a uma antropologia (radicalmente) decolonial: revisitando o encontro da escola ibérica da paz com (os direitos d)os ameríndios

2018 ◽  
Author(s):  
Bethânia De Albuquerque Assy ◽  
Florian Fabian Hoffman
Keyword(s):  
Early Modern ◽  
International Law ◽  
Reception History ◽  
History Of Ideas ◽  
Radical Alterity ◽  
Culturally Different ◽  
History Of ◽  
Ius Gentium ◽  
The Impact ◽  
The Relationship

Resumo: A resposta da Escola de Salamanca à crise cognitiva gerada pelo encontro entre europeus e ameríndios no século XVI tem se convertido em um dos momentos mais referenciados na historiografia colonial devido ao papel que desempenhou na formação do direito internacional (europeu). Embora a posição tradicional sobre o uso dos direitos naturais da Escola para enquadrar o relacionamento com os ameríndios tenha mitigado a universalidade colonizadora do incipiente ius gentium (europeu), (re)leituras post/descoloniais mais recentes expuseram esse movimento como uma mera estratégia para a subjugação epistêmica dos ameríndios. No entanto, de acordo com suas premissas historicistas, ambas as posições se concentraram no impacto da doutrina de Salamanca sobre a história europeia das ideias e deixaram (relativamente) sub-explorado seu significado como resposta à experiência de alteridade radical em relação ao encontro ameríndio. O recurso a linguagem de direitos dos salamanquianos também pode ser visto como uma maneira de lidar com o desafio perspectivista fundamental que a “razão” culturalmente diferente, ainda que epistemologicamente equivalente, dos ameríndios representou. A sua “solução” de um jusnaturalismo pluricultural historicamente concretizado não era inteiramente coerente nem livre do eurocentrismo. Mas sua gênese contrafactual por meio de uma combinação de realismo universalista escolástico tardio e de multinaturalismo indígena mostra que o encontro ameríndio era intelectualmente muito menos unilateral do que a recepção europeia histórica reconheceria. No entanto, essa abordagem exige não apenas uma virada (sutil) para uma perspectiva etnográfica, mas também uma reconstrução antropológica radical da historiografia do início da era moderna do direito internacional.Abstract: The School of Salamanca’s response to the cognitive crisis which the encounter between Europeans and Amerindians in the sixteenth century generated has become one of the most referenced moments in colonial historiography for the role it played in the formation of (European) international law. While the traditional position on the School’s use of natural rights to frame the relationship with Amerindians argued that it thereby sought to mitigate the colonizing universality of the incipient (European) ius gentium, more recent post/decolonial (re-)readings have exposed this move as a mere strategy for the epistemic subjugation of Amerindia. However, in line with their historicist premises, both positions have focussed on the impact of Salamancan thought on the European history of ideas and have left its significance as a response to the experience of radical alterity vis-à-vis the Amerindian encounte (relatively) underexplored. For the Salamancan’s resort to rights language can also be seen as a way to grapple with the fundamental perspectivist challenge that the culturally different yet epistemically equivalent ‘reason’ of the Amerindians represented. Their “solution” of a historically concretized pluricultural jusnaturalism was neither entirely coherent nor free from Eurocentrism, but its counterfactual genesis through a combination of late scholastic universalist realism and Amerindian multinaturalism shows that the Amerindian encounter was intellectually much less one-sided than its European reception history would acknowledge. Yet, this approach requires not only a (subtle) shift towards an ethnographic perspective but also a (radically) anthropological reconstruction of the historiography of early modern international law.

Grotius, Dio Chrysostom and the ‘Invention’ of Customary ius gentium

Grotiana ◽  
2018 ◽  
Vol 39 (1) ◽  
pp. 15-44
Author(s):  
Francesca Iurlaro
Keyword(s):  
International Law ◽  
Rhetorical Strategies ◽  
Main Claim ◽  
Customary International Law ◽  
Dio Chrysostom ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
Normative Practice ◽  
History Of ◽  
Ius Gentium

This article tackles the issue of whether and how Hugo Grotius conceives of custom as a formal source of the law of nations. The main claim of it is that not only custom plays a fundamental role in Grotius’s thought, but that his reflections mark a fundamental turning point for the history of customary international law. A crucial role in this process of re-conceptualization is played by Grotius’s reading of Dio Chrysostom, whose oration On custom provides him with an integrated account of custom as a ‘normative practice’ based on rhetorical judgment (as opposed to the Scholastic interpretation of custom as reiteration of voluntary acts). Consequently, I argue that Dio Chrysostom’s text helps Grotius to transpose the question of the normative legitimacy of custom from a moral to an interpretative level. To conclude, I will show that Grotius adopts two different rhetorical strategies to prove the existence of customary norms of ius gentium.

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