Book Review: Profit and Principle: Hugo Grotius, Natural Rights Theories and the Rise of Dutch Power in the East Indies, 1595–1615

2006 ◽  
Vol 18 (2) ◽  
pp. 491-493
Author(s):  
Douglas B. Palmer
2003 ◽  
Vol 31 (3) ◽  
pp. 511-548 ◽  
Author(s):  
Martine Julia Van Ittersum

This article reconstructs Jacob van Heemskerck's second voyage to the East Indies and his capture of the Portuguese merchantman Santa Catarina on 25 February 1603. It incorporates important new archival evidence like Van Heemskerck's letter to the directors of the Dutch East India Company of 27 August 1603, and the original text of the verdict of the Amsterdam Admiralty Court, which confiscated the Santa Catarina on 4 September 1604. It has long been known that the Dutch jurist Hugo Grotius (1583-1645) wrote De Jure Praedae in defense of the ship's seizure and at the explicit request of the directors of the Dutch East India Company. Historians have failed to recognise, however, that Grotius' conceptualisation of natural rights and natural law in De Jure Praedae is based to a large extent on Van Heemskerck's own justification of privateering. A key notion of Grotius' rights theories - the individual's right to punish transgressors of the natural law in the absence of an independent and effective judge - follows logically from Van Heemskerck's reasoned decision to assault the Santa Catarina in revenge for Portuguese mistreatment of Dutch merchants in the East Indies. As shown by recent work in international relations theory - notably Edward Keene's Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics (Keene, 2002) - the natural law and natural rights theories that Grotius formulated in De Jure Praedae cannot be divorced from Dutch imperialism and colonialism in the early modern period.


Author(s):  
J. C. D. Clark

Chapter 4 offers a new view of the American Revolution in terms more of negations than of affirmations: not the instantiation of modernizing natural rights theories or republicanism, but the result of older and passionate negations on both sides of the Atlantic, often religious. It reinterprets Paine’s Common Sense against the older contexts proposed in this book, and argues that the pamphlet, although important, was not transformative and ubiquitous. It traces Paine’s subsequent writings while in America, responding to and interpreting the course of the Revolution, and concludes that Paine’s understanding of that important episode was less than has been thought; rather, he largely remained within an English frame of reference, as did, indeed, most American colonists. He understood the American Revolution, then, in English terms.


Author(s):  
Natanael Andra Jaya Nababan

Book witen by Prof Dr. R. Wirjono Prodjodikoro, Wirjono was bor in Surakarta, Dutch East Indies, on 15 June 1903. After completing his primary education, he attended the Rechtsschool I in Batavia, graduating in 1922. He then became a judge, later taking time to study at Leiden University in Leiden, Netherlands. This book talks about acts that can violate laws which are viewed from the point of civil law. I The term "unlawrful acts" in general is very broad meaning that is if the word "law" is used in the broadest sense and the matter of legal conduct viewed from all angles. Now the act of violating the law will be discussed smply because there are consequences and solutions that are regulated by the Civil Code in the broadest sense, which includes commercial law. This needs to be stated I here, because Article 102 of the Provisional Constitution distinguishes Civil Law from Commercial Law.


Author(s):  
James Moore

This chapter focuses upon natural rights in the writings of Hugo Grotius, the Levellers and John Locke and the manner in which their understanding of rights was informed by distinctive Protestant theologies: by Arminianism or the theology of the Remonstrant Church and by Socinianism. The chapter argues that their theological principles and the natural rights theories that followed from those principles were in conflict with the theology of Calvin and the theologians of the Reformed church. The political theory that marks the distinctive contribution of Calvin and the Reformed to political theory was the idea of popular sovereignty, an idea revived in the eighteenth century, in the political writings of Jean-Jacques Rousseau.


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