hugo grotius
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Author(s):  
Michael C. Hawley

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.


2021 ◽  
pp. 16-38
Author(s):  
David Bosco

Aspects of ocean governance have ancient roots, including early anti-piracy campaigns and basic rules for maritime commerce. Sovereign rulers periodically attempted to control ocean space but usually lacked the means to do so. As Spain and Portugal mastered the art of long-range seafaring in the 15th century, however, they attempted to divide the world’s oceans between them, an effort that still stands as one of the most ambitious attempts to divide up the oceans. During that period, Portugal tried to exclude outsiders from the Indian Ocean and asserted the right to control all shipping in the area. Portuguese claims prompted objections from other European powers and set the stage for the Dutch lawyer Hugo Grotius to articulate the doctrine of a “free sea,” based on what he saw as the inherent nature of the oceans. While it faced several rebuttals, Grotius’s conception of the oceans mostly prevailed.


2021 ◽  
pp. 89-136
Author(s):  
Michael C. Hawley

This chapter examines two parallel tracks on which Cicero’s influence was set during the seventeenth century. On the one hand, new natural law philosophers, Hugo Grotius and Samuel von Pufendorf, sought to vindicate a political order based on Ciceronian natural law. But in doing so, they tended to diminish the role of the people as ultimately politically sovereign. At the same time, English republicans such as James Harrington and John Milton sought to reconcile Ciceronian and Machiavellian republicanism, while minimizing the place of natural law. In short, the two pillars of Cicero’s original republican formulation became bifurcated.


Author(s):  
Sasan Karimi ◽  
Mohammad Kazem Sajjadpour

International law is a science attributed to Hugo Grotius, based on both natural rights and intergovernmental treaties, although over time it has expanded its sphere of influence to other subjects. In the present study, an attempt is made to address the origins and defined framework of this science by addressing the theories of this Dutch philosopher and to look at the ancestors and successors of Grotius in order to determine the extent of influence by each of the following philosophers: Aristotle and Cicero in ancient times and Hobbes and Kant in the modern era. Examining the nature of natural rights on the one hand and international law on the other and, the relationship between the two from the point of view of Grotius, as well as comparing his point of view with Hobbes' in particular and, referring to Kant are among the topics covered in this article. Because the study of the theoretical foundations and methods of each of the above thinkers as well as their intellectual system and their proponents and opponents can to some extent shed light on the hidden aspects of the issue.


2021 ◽  
pp. 197-218
Author(s):  
Christine Jackson

Highly educated seventeenth-century noblemen and gentlemen frequently studied theology, history, and philosophy privately for pleasure; wrote verse; and acquired libraries, but rarely wrote books and treatises. Chapter 9 builds upon the literary, philosophical, and theological interests identified in earlier chapters and provides the intellectual context for Herbert’s emergence as a respected gentleman scholar and published academic writer. It introduces the scholarly circles with which he was associated in London and Paris, his membership of the European Republic of Letters, and his links with scholarly irenicism. It establishes his scholarly connections with John Selden, William Camden, Sir Robert Cotton, Hugo Grotius, Marin Mersenne, René Descartes, Pierre Gassendi, Thomas Hobbes, Tommaso Campanella, Fortunio Liceti, Gerard Vossius, John Comenius, and others. It examines Herbert’s scholarly practices and rebuffs claims that he was a dilettante. It browses the collection of books he accumulated in his substantial libraries in London and Montgomery, which ranged across the academic spectrum from theology, history, politics, literature, and philology through the various philosophical and mathematical disciplines to the natural and physical sciences, jurisprudence, and medicine, but also included works on architecture, warfare, manners, music, and sorcery and anthologies of poetry and books of romance literature. It suggests that Herbert’s scholarship was motivated as much by intellectual curiosity and the need to reduce religious conflict as by a desire to secure personal recognition and approval.


Pro Memorie ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 237-265
Author(s):  
Louis Sicking ◽  
Jan de Klerk

Abstract In the Middle Ages, goods washed up on the beach or fished up from the sea were an important economic asset. The customs and rules that determined the status of these goods are referred to as the ‘law of wreck’ or ‘right of wreck’. Several competing interest groups were involved: the local inhabitants as salvagers, finders or beach combers; merchants, skippers and ship-owners; landowners and the prince. Seventeenth century Dutch lawyers like Hugo Grotius and Johan van Heemskerk painted a favourable picture of the law of wreck in the Dutch Republic by pointing to the greed of the medieval counts of Holland who would only have exploited the misery of castaways. This article shows how the law of wreck developed in Holland and Zeeland in the late Middle Ages and how its rules were applied in the stewardship of North Holland between 1340 and 1400. Although the preserved accounts of the stewardship show that the count did take advantage of washed up goods, the count also had drowned people found on the beach buried and allowed merchants who could prove their goods had washed up on the Dutch beach to recover them.


2021 ◽  
Vol 84 (4) ◽  
pp. 451-482
Author(s):  
Marcia Pointon

Abstract Painted in the final decade of his life, Rubens’s autograph work The Origin of the Milky Way defies interpretation. The artist was a contemporary of Galileo though attempts to evidence a meeting have so far failed. He had already painted a series of night skies and had many recent books on astronomy/astrology, as well as ancient texts, in his library. This is a painting full of plausible stellar bodies none of which quite fits into a recognised constellation. Nor does the image accurately accord with any mythological narrative. So, is the Milky Way here simply a pretext to depict Juno as Queen of the heavens? I propose that Rubens was a learned eclectic for whom Aristotelian views of the cosmos could meld both with contemporary earth-centred arguments about a providential universe and with new Copernican theories. Uniting his interest in pictorial space with newfound possibilities for understanding the cosmos, Rubens draws on the ancient Roman concept of sparsio, or abundance, with which he would have been familiar through his friendship with Hugo Grotius. Executed a few years after the fifty-three-year-old artist had married his fecund second wife, then aged sixteen, The Origin of the Milky Way constitutes a witty and profound meditation on female generosity within a framework of universal laws.


Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 212-228
Author(s):  
Edward Jones Corredera

Abstract This article contextualises the origins of the term Grotian Moment, coined and frequently redefined by Richard Falk. By generating a conceptual history of the idea and its uses, the article draws attention to the ways that Falk’s sustained interest in the question of temporality and the nature of change in international law can inform present legal debates. The recovery of Falk’s efforts to engage with critics, geopolitical changes, and new legal ideas by reinterpreting and reimagining the meaning of a Grotian Moment sheds light on its relationship to questions of free trade, Eurocentrism, and revolutions in international law. By considering the methodological parallels with the work of Reinhart Koselleck, this article emphasises the importance of both historiographical and historical debates for the study of change in legal history, the analysis of the global legacies of Hugo Grotius, and the generation of expectations of the future in international law.


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