O uso de argumentos igualmente convincentes tanto em prol quanto contra a veracidade de uma proposição era conhecido na Renascença como in utramque partem. Céticos do início da Modernidade utilizaram argumentos in utramque partem visando demonstrar que não se pode fundamentar a moralidade em um terreno sólido, já que os argumentos apresentados em favor da ideia de Justiça poderiam ser neutralizados por argumentos igualmente convincentes contra a ideia de Justiça. Nesse artigo, eu argumento que Hugo Grotius tentou refutar (...) esse tipo de ceticismo moral em seus principais escritos filosóficos, De jure bellic ac pacis e De jure praedae commentarius. Contra os céticos, Grotius procura estabelecer que as razões apresentadas a favor e contra a ideia de Justiça não são incompatíveis entre si. (shrink)

_ Source: _Volume 37, Issue 1, pp 61 - 94 Interchanges between political, juridical and theological thought in the early modern period have been studied extensively during the past decades. Less light has been cast on the corresponding interrelations between politico-juridical thought and biblical hermeneutics. However, this issue deserves some attention, too, as the following case study on Hugo Grotius wants to show by pointing to the mutual adjustment of juridical, theological and biblical arguments in the progress of (...) the core semantics of Grotius’s natural law theory from _De iure praedae_ to _De iure belli ac pacis._. (shrink)

Hugo Grotius (1583-1645) [Hugo, Huigh or Hugeianus de Groot] was a towering figure in philosophy, law, political theory and associated fields during the seventeenth century and for hundreds of years afterwards. His work ranged over a wide array of topics, though he is best known to philosophers today for his contributions to the natural law theories of normativity which emerged in the later medieval and early modern periods. This article will attempt to explain his views on the (...) law of nature and related issues while simultaneously providing some broader assessment of his place in the history of ideas. (shrink)

_ Source: _Volume 37, Issue 1, pp 61 - 94 Interchanges between political, juridical and theological thought in the early modern period have been studied extensively during the past decades. Less light has been cast on the corresponding interrelations between politico-juridical thought and biblical hermeneutics. However, this issue deserves some attention, too, as the following case study on Hugo Grotius wants to show by pointing to the mutual adjustment of juridical, theological and biblical arguments in the progress of (...) the core semantics of Grotius’s natural law theory from _De iure praedae_ to _De iure belli ac pacis._. (shrink)

O uso de argumentos igualmente convincentes tanto em prol quanto contra a veracidade de uma proposição era conhecido na Renascença como in utramque partem. Céticos do início da Modernidade utilizaram argumentos in utramque partem visando demonstrar que não se pode fundamentar a moralidade em um terreno sólido, já que os argumentos apresentados em favor da ideia de Justiça poderiam ser neutralizados por argumentos igualmente convincentes contra a ideia de Justiça. Nesse artigo, eu argumento que Hugo Grotius tentou refutar (...) esse tipo de ceticismo moral em seus principais escritos filosóficos, De jure bellic ac pacis e De jure praedae commentarius. Contra os céticos, Grotius procura estabelecer que as razões apresentadas a favor e contra a ideia de Justiça não são incompatíveis entre si. (shrink)

O uso de argumentos igualmente convincentes tanto em prol quanto contra a veracidade de uma proposição era conhecido na Renascença como in utramque partem. Céticos do início da Modernidade utilizaram argumentos in utramque partem visando demonstrar que não se pode fundamentar a moralidade em um terreno sólido, já que os argumentos apresentados em favor da ideia de Justiça poderiam ser neutralizados por argumentos igualmente convincentes contra a ideia de Justiça. Nesse artigo, eu argumento que Hugo Grotius tentou refutar (...) esse tipo de ceticismo moral em seus principais escritos filosóficos, De jure bellic ac pacis e De jure praedae commentarius. Contra os céticos, Grotius procura estabelecer que as razões apresentadas a favor e contra a ideia de Justiça não são incompatíveis entre si. (shrink)

Hugo Grotius’s best-known work, De iure belli ac pacis, appeared in 1625 in Paris with the author’s approval. A second unauthorised version was published in 1626 in Frankfurt. In 1631 the Amsterdam publisher, Willem Janszoon Blaeu (1571–1638), issued the third edition, this one authorised by the author – and this edition featured nearly a thousand revisions by Grotius. The purpose of this report is to analyse the context behind the publication of this third edition and the copies’ (...) provenance records. Using online and card catalogues, we have located 154 copies. We examined 52 copies in person, and another three fully digitised copies online. We hope that this research note on preliminary results will generate greater interest in this unduly neglected edition, and that readers will kindly bring further copies to our attention. (shrink)

Hugo Grotius and the Century of Revolution, 1613-1718 is a reconstruction of the way Hugo Grotius (1583-1645) was read and used by English political and religious writers in the seventeenth and early eighteenth centuries. Engaging with the reception of all of Grotius's key works and a wide range of topics, the volume has much to say about the search for peace in an age of religious conflict and about the cultural roots of the Enlightenment. Most (...) of all, Marco Barducci aims to deepen our understanding of the connections that made English political thought part of the history of European thought. To this end, it brings together a succinct account of Grotius's own thinking on key topics, mapping these accounts within English debates, to show why his ideas were seen to be relevant at key moments; shows awareness of the possibilities for the misappropriation inherent in reception; and adds something new to our understanding of why seventeenth-century Englishmen argued in the ways that they did. (shrink)

_ Source: _Volume 38, Issue 1, pp 1 - 27 In 1617, Hugo Grotius had his treatise _On satisfaction_ published. Explicitly directed against Faustus Socinus’s 1594 book _On Jesus Christ as our Saviour_, it purports to contribute to the confutation of the Italian scholar’s teachings, which in the Netherlands were widely regarded as utterly heretical. The way in which he perceived Socinus, however, was mainly determined by the image of Socinianism as disseminated by its detractors, foremost Sibrandus Lubbertus (...) of Franeker. Grotius did read Socinus’s work, but not with much care, and at least unaccommodatingly. The reason for Grotius to intervene in this theological debate is often assumed to have been to vindicate his and his ecclesiastical party’s views on religion as orthodox, or at least far removed from Socinianism and other heresies. In contrast, it is proposed here to take the explicit motivation in the preface at face value, and assume that Grotius wrote it to refute Socinus on the basis of his juridical, philological, and historical errors, simply because he could, and genuinely abhorred Socinianism as he had learned to understand it. (shrink)

The first edition of Hugo Grotius’s De iure belli ac pacis was published in Paris by Nicolas Buon in 1625. An unauthorised second edition appeared in Frankfurt a year later, from the reputable Wechel press. After Grotius made hundreds of changes to the first and second states of the first edition, and failed to convince the publisher Nicolas Buon of the merits of printing yet another edition of the book, the Wechels’s release of a new edition sought (...) to capitalise on the high demand for the text, as copies had sold out in Central Europe by the summer of 1625. In this preliminary report on the 1626 edition, using online and card catalogues, we have located 59 surviving copies. We examined thirteen copies in person, and another three fully digitised copies online, and on the basis of this small sample we have been able to draw a number of conclusions. We hope that this research note on preliminary results will generate interest in this unduly neglected edition, and that readers will kindly bring further copies to our attention. (shrink)

The 7725 letters of Hugo Grotius's correspondence of the years 1594 to 1645 reflect the highlights and drawbacks of an eventful career. Some important gradual developments and abiding features in the letters will be pointed out. In this way Grotius's political and scholarly activities can be analysed from the perspective of the correspondence.

Hugo Grotius believed that last wills belonged to the Law of Nature, whereas Samuel Pufendorf argued that testamentary succession was a mere creation of human laws. I argue that Pufendorf’s rejection of the Natural Law origins for wills lacks internal consistency in both his Natural Law system and his proprietary rights theory. Pufendorf even contradicts his own previous claim stating wills are recognised by the Law of Nature as useful to the promotion of social peace. Grotius’s analysis (...) of testaments, on the other hand, brief though it may be, is entirely consistent with his previous arguments: that the Law of Nature can attach itself to human creation; and that a human creation such as testamentary succession belongs to Natural Law when derived from, or when it agrees with, human reason and sociability. (shrink)

This note studies the 1650 edition of Hugo Grotius’s De iure belli ac pacis. Using online and card catalogues, we have located eighty-nine copies, thirty-seven of which we examined in person, with an additional six fully digitised copies online. We hope that this research note on the preliminary results will generate greater interest in this unduly neglected edition. The note shows how, despite the connection established in the history of seventeenth-century politics that emphasized the ties between Grotius (...) and the Peace of Westphalia, the reception of Grotius’s 1650 edition bore no relation to the debates at Osnabrück and Münster. However, this is an influential edition, cherished by collectors and authors. According to our findings, it would be reproduced in a number of later reprints. (shrink)

In the present article I examine the influence of Grotius's works on English republican literature by focusing on the writings of Anthony Ascham. Ascham's interpretation of Grotius is set in the context of the multifaceted uses of the Dutch lawyer's works in the 1640s and in early 1650s, comparing it to Marchamont Nedham's use of Grotius in support of the republican regime. In order to explain the purposes behind Ascham's and Nedham's deployment of Grotian language, I seek (...) to connect them with the politics of propaganda carried on by political groupings within the Parliament between 1648 and 1650. Finally, by pointing to Ascham's use of Grotius, some considerations follow concerning Anglo-Dutch republicanism in mid-seventeenth century. (shrink)

This article provides new information on the publication history of the first edition of the text that, according to many scholars, laid the ground for the growth of international law: Hugo Grotius’s De iure belli ac pacis. Drawing on the preliminary findings of the Grotius Census Project at the Max Planck Institute for Comparative Public Law and International Law, funded by the German Research Foundation (Deutsche Forschungsgemeinschaft), the following pages shed light on the first three states of (...) the typescript, the sources that Grotius had access to in France while drafting the book, and the early circulation of the 1625 edition, published by Nicolas Buon in Paris. The goal of this publication is to disseminate updated information on the printing history of this key text in the history of legal and political thought, and to invite readers to come forward with more information about the location of the remaining copies of the text, in order to advance our understanding of the rise of international law around the world. (shrink)

The 7725 letters of Hugo Grotius's correspondence of the years 1594 to 1645 reflect the highlights and drawbacks of an eventful career. Some important gradual developments and abiding features in the letters will be pointed out. In this way Grotius's political and scholarly activities can be analysed from the perspective of the correspondence.

This research note offers a contextual overview of the printing history of Johann Blaeu’s 1646 octavo edition of Hugo Grotius’s De iure belli ac pacis (ibp). The note examines the printing process of the last edition that was prepared while Grotius was still alive, though it was published after his death. The note also sheds light on the theological dimension of some readers’ annotations, and concludes by discussing the impact this edition had on the modern versions of (...) the text. (shrink)

Die Münchner Dissertation untersucht auf der Grundlage der frühen theologischen und staatskirchenrechtlichen Schriften Hugo Grotius' dessen theologische Positionierung und Argumentationsstrategien im Arminianischen Streit und den politischen Auseinandersetzungen Anfang des 17. Jahrhunderts. Besonderer Wert wurde darauf gelegt, die Äußerungen Grotius' vor dem Hintergrund der zeitgenössischen Politik zu lesen. Als christlicher Humanist relativierte er die verschiedenen Streitpunkte und rief die Konfliktparteien zu Toleranz und Versöhnung auf.

_ Source: _Volume 38, Issue 1, pp 148 - 175 In his _Historia Gotthorum_, Hugo Grotius set up a Swedish ‘Gothic myth’, a powerful historiographical construct aimed at increasing Swedish prestige by identifying the ancient Swedish as the forebears of the late antique Goths, Vandals and Lombards. Entering into dialogue with fellow historiographers was vital to this venture. The ‘Prolegomena’ to _Historia Gotthorum_ are accordingly marked by an extensive polemical dimension. A critical discourse analysis of both explicit and (...) hidden polemics in this text reveals a clever combination of scholarly argumentation on the basis of historical evidence and strategic image-building to convince the reader. Furthermore, Grotius regularly drew on the works of contemporary colleagues for his historical evidence. The present article sheds light on the various argumentation strategies deployed in the ‘Prolegomena’ to _Historia Gotthorum_ and the role of early modern historiographical texts as treasure troves of historical knowledge. This not only offers further insight into Grotius’s historiographical practice, but also provides an excellent example of how early modern historical writers interacted with the texts of their immediate colleagues. (shrink)

This article explores the writings of Hugo Grotius on the law of civil war. First, the article takes a look at what Grotius wrote about the Dutch revolt, the civil war during which he himself lived and which he helped to legitimise. Second, the article notes how in legal practice the Dutch revolt also provided a valuable early precedent for the later scholars of the law of civil war, who were more concerned with questions of revolutionary prize (...) jurisdiction and the problem of recognition. Third, the article explores the elements relating to these questions of civil war in Grotius’s volitional law of nations as presented in De iure belli ac pacis. These provided Grotius’s most enduring legacy for the later scholars on the law of civil war. (shrink)

This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and (...) occasionally permitted states to commit certain ‘war crimes’ with impunity. For Grotius, this was not a moral sanctioning of such crimes but rather a means to prevent the occurrence of wars, which such endless repudiations risked causing or exacerbating. Grotius’s concern for the effects of war is conspicuous; and recounting his maxim that war should always be a last resort, this article argues that declaration of war has a distinct moral purpose for Grotius. In fact, public declaration of war is, together with constraints on the conduct of war, a ‘principle of moderation’ Grotius insists should be upheld in times of war. Declaration of war gives the parties avenues to seek peace and reconciliation, and, therefore has a humanitarian purpose for Grotius by ultimately seeking to prevent the disparaging effects of war. Even in wars that do not demand a public declaration, such as those regulated by natural law such as punitive wars or defensive wars, Grotius cautions that declarations of war are advisable. The remaining lingering issue is how to engage with unlawful enemy combatants, such as pirates - a distinct problem that the international community still faces with increasing regularity. Grotius was certainly aware of the legal consequences of recognising belligerency we cannot possible hope to build moral relations with, and, this article claims, ‘unlawful’ enemies ultimately demarcates the boundary of international society. (shrink)

This article constitutes the sixth instalment in our series on the census and study of the reception of the first nine editions of De iure belli ac pacis. This edition has long held a prominent place in studies and editions of Grotius’s work since it was the last published during his lifetime. The report first outlines the genesis of the edition in the context of Grotius’s relationship with Johann Blaeu (1596–1673) and Cornelius Blaeu (1610–1642), who had recently inherited (...) the Blaeu print firm from their father Willem. It then elucidates a number of crucial ways in which the 1642 edition differed from the five previous editions, especially via the addition of an extensive new series of annotations to ibp and a separate set addressed to the Epistle of Philemon. Finally, it concludes by providing the preliminary results of the census concerning the one hundred and twenty-one copies we have found. (shrink)

The aim of this article is to look at an early 17th-century analysis of a prince’s management of an ‘agglomerate polity’ in order to obtain a view of its chief focuses, concerns, and terms of analysis. Four main types of issues appear (apart from Grotius’ general analysis of Philip’s person and policies, which are also discussed): 1. Acceptation and legitimacy of a prince who was perceived to ignore local customs, rights and interests of his various territories; 2. The king’s (...) representatives and intermediaries, their (mis)management of their task, or the King’s (mis)management of them; 3. The conflicting demands of international politics; 4. Controlling armies and the connected issue of financial resources. The ‘Tacitean’ mode of writing history was regarded as the most ‘true’ and ‘revealing’ historiography in Grotius’ time. However Tacitean perceptiveness and analysis were not about what historians today regard as deeper historical processes and causation (like those associated with the ‘philosophic’ histories from the Enlightenment onwards, e.g. in Edward Gibbon), but about understanding personal motives and (hidden) immediate causes and intentions behind particular events and decisions. This historic differences in historical explanation should be taken into account when judging the value of Grotius’ history of his own time. (shrink)

The present article challenges the popular image of Hugo Grotius as the founder of modern moral philosophy. It establishes that he continued the dialectical search for the good life distinctive of pre-modern ethics. Key in correcting the image of Grotius as innovator—an image almost as old as his De Jure Belli ac Pacis of 1625—is the realisation that this treatise deals only of the requirements for just use of force set out in what Grotius calls ‘law (...) in the strict sense’. For Grotius, ethics—in addition to this law—also encompasses rules of love, an account of the virtues and of happiness. That Grotius adhered to such a virtue-based eudaemonism is confirmed by his De veritate religionis Christianae where he sets out his conception of Christian happiness. The conclusion discusses whether such a distinctly Christian ethics can be of interest to today's world. I argue that the limits on state jurisdiction defined in De Jure Belli ac Pacis are key in making eudaemonism compatible with a liberal state. (shrink)

This research note is the eighth instalment in our series of preliminary findings on the census and study of the reception of De iure belli ac pacis. The note presents a bibliographical description of Laurentius’ 1647 re-issue of the 1631 edition by Blaeu, considers Laurentius’ motivation and methods of production, lists and maps the currently known twenty-three surviving copies, and briefly describes two notable exemplars.

This is the fourth instalment of our census and study of the reception of the first nine editions of De iure belli ac pacis. Here we focus on the two versions that Johannes Janssonius issued in 1632, one with a copy of Mare liberum attached to it. This report outlines the place of the 1632 Janssonius edition in the context of his long-running rivalry with the printer Willem Blaeu and his firm. It then explores the typographical differences between the two (...) issues, their causes, and their significance for our understanding of the reception of the text. Finally, it provides the preliminary results of the census concerning the circulation and provenance of the fifty-three copies of this edition that we have found. We hope that this research note on the preliminary results will attract interest in this edition and that readers will kindly inform us of further copies. (shrink)

This article provides new information on the printing and readership history of the fifth edition of De iure belli ac pacis. Building on our earlier research on the way that the dispute between Willem Janszoon Blaeu and Johannes Janssonius influenced the publication of the 1631 edition of the text, this article studies how Blaeu harnessed his position to make the 1632 edition more reputable than the earlier version published by his rival. The article considers how, over four centuries, readers have (...) appreciated the quality of the production and three engaged with the text for radically different ends: Remigius Faesch, Baron von Boineburg, and Wendell Phillips. The article draws attention to the changes and continuities in reading and annotation patterns and offers preliminary insights into the themes that these influential readers focused on. We hope that it will inspire readers to bring further copies to our attention. (shrink)

In recent decades, interest in Neo-Latin studies shows a distinct upward tendency. Still, the poetry of Dutch humanists constitutes a literature which is difficult to access. However, much work has been done in the past years to open up the poetry of Hugo Grotius. Within a few years the first phase of the edition in the series De Dichtwerken van Hugo Grotius will have been completed with the publication of the juvenilia, the poetry written between 1591 (...) and 1608. Consequently, a well-rounded whole of Grotius' poetry will have become accessible for research and systematic reference. In the meantime, as no in-depth study of Grotius' poetry as preserved in manuscript form and printed edition has ever been undertaken before, a first attempt of closer research and a systematic inventory of the material provided a mass of new data. This led to the repudiation of quite a few traditional conceptions concerning the nature and merits of Grotius' poetical efforts and the correlation of the respective editions of poems. Some major results of this research are presented here in general outline. They are all enlarged on in full detail in my Grotius Poeta and Inventory of the Poetry of Hugo Grotius . Reference is made to both of these works throughout this article, which has no claims for itself but to offer an overall picture by means of an introductory essay. Therefore footnotes are omitted here altogether. (shrink)

Članek sledi zametkom teorij naravnega prava pri Aristotelu in rimskih pravnikih, nato pa se ukvarja z njihovim razvojem od Akvinskega do pozne sholastike in Suareza. Vendar pa avtor zagovarja trditev, daje resnične začetke in konceptualne vire modernih teorij naravnega prava iskati v zgodnji sholastiki 12. stoletja, ob uvajanju in zgodnjem razvoju kanonskega prava. Ogleda si tudi kritiko naravnega prava v obdobju renesanse, zatem pa obravnava teorijo naravnega prava Huga Grotiusa in opredeli njen zgodovinski novum ter oriše njeno konceptualno polje, sicer (...) nastalo s transformacijo humanistične tradicije, ki je zarisalo osnove liberalne doktrine in teorije suverene države, in na osnovi katerega so svoje moderne teorije naravnega prava gradili Selden, Hobbes, Pufendorf, Barbeyrac in Locke. (shrink)

The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, (...) the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law. (shrink)

This is a review of Marco Barducci's recent book Hugo Grotius and the Century of Revolution, 1613-1718.