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  1. Grotius and English Charters.James Muldoon - forthcoming - New Content is Available for Grotiana.
    _ Source: _Page Count 27 When examined collectively the trade and colonization charters that Tudor and Stuart monarchs issued demonstrate a developing English conception of world order based on trade monopolies and not on ecclesiastical premises or on the Grotian notion of freedom of the seas. There were therefore three early modern conceptions of how an international order might be created, not one, all of which affected European trade with the Americas and Asia. They all began with the assumption that (...)
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  2. The Law of Nations and Natural Law 1625–1800, Ed. By Simone Zurbuchen.Gabriella Silvestrini - forthcoming - Grotiana:1-6.
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  3. Michael P. Scharf, Milena Sterio and Paul R. Williams, The Syrian Conflict’s Impact on International Law.Robert Volterra - forthcoming - Grotiana:1-6.
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  4. Grotius’s Contract Theory in the Works of His German Commentators: First Explorations.Paolo Astorri - 2020 - Grotiana 41 (1):88-107.
    Due to its enormous importance, Grotius’s contract doctrine has been extensively investigated by legal historians. This paper seeks to enhance scholarly understanding of this topic by looking at commentaries on De jure belli ac pacis written by German theologians and jurists in the second half of the seventeenth century. The paper focuses on comments concerning promises: the criteria for promises that are binding under natural law; the foundations of the obligation to keep promises; error and duress; and immoral promises. Grotius’s (...)
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  5. Hugo Grotius, Declaration of War, and the International Moral Order.Camilla Boisen - 2020 - Grotiana 41 (2):282-303.
    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 (...)
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  6. Nicolaus Ignaz Königsmann: Natural Law in Prague Before 1752.Ivo Cerman - 2020 - Grotiana 41 (1):177-197.
    The article discusses the reception of Grotius by Catholic lawyers at the university of Prague. It focuses on the Grotius commentary by Nicolaus Ignaz Königsmann, which was meant as a response to the discussion of Central European Catholic lawyers on questions of toleration and permissions in law. I argue that Königsmann agreed with Grotius because his conception could be combined with the Catholic belief in free will and dictamen sanae rationis. He grounded natural law in rational human nature and rejected (...)
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  7. The Binding Force of Unilateral Promises in the Ius Commune Before Grotius.Giovanni Chiodi - 2020 - Grotiana 41 (1):40-58.
    The idea that a simple unilateral promise, until it is accepted, is not binding according to natural law is defended by Grotius in his major work with an argumentation drawn directly from Lessius, an important source of inspiration for the Dutch jurist, who in turn solves the dispute rooted in the tradition of ius commune. This article aims to reconstruct, in its essential stages, an itinerary through the main positions of medieval and early modern civil and canon lawyers about this (...)
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  8. Grotius’s Doctrine of Alliances with Infidels and the Idea of Respublica Christiana.Orazio Condorelli - 2020 - Grotiana 41 (1):13-39.
    In the framework of the issue of the observance of promises and agreements, Grotius discusses the question of whether Christians should be allowed to conclude treaties or alliances with those who were named infideles in the canonical and theological terminology. The question was ancient: since the early Middle Ages, alliances of Christians with infidels had been labeled as ‘impious’. Grotius’s solutions are based on the converging traditions of medieval canon law and theology: treaties and alliances with infidels are intrinsically lawful (...)
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  9. Hugo Grotius’s Views on Consent, Contract and the Christian Commonwealth – Introductory Remarks.Wim Decock - 2020 - Grotiana 41 (1):1-12.
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  10. Grotius and Late Medieval Ius Commune on Rebellion and Civil War.Dante Fedele - 2020 - Grotiana 41 (2):371-389.
    This paper explores the presence of late medieval ius commune in Grotius’s thought on the use of force in internal strife and war, based on De iure belli ac pacis. To this end, it examines Grotius’s use of ius commune sources, and considers some similar sources, which he does not actually cite, but which relate to his discussion. By clarifying Grotius’s selection and use of ius commune sources, the paper intends to contribute to the achievement of a double aim: firstly, (...)
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  11. Corporate Belligerency and the Delegation Theory From Grotius to Westlake.Rotem Giladi - 2020 - Grotiana 41 (2):349-370.
    This article starts with a critical reflection on John Westlake’s reading of the history of empire and the English/British East India Company – for him, essentially, the proper concern of ‘constitutional history’ rather than international law. For Westlake, approaching this history through the prism of nineteenth-century positivist doctrine, the Company’s exercise of war powers could only result from state delegation. Against his warnings to international lawyers not to stray from the proper boundaries of international legal inquiry, the article proceeds to (...)
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  12. Hugo Grotius and the Classical Law of Civil War.Ville Kari - 2020 - Grotiana 41 (2):412-427.
    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 (...)
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  13. Grotius’s Impact on the Scandinavian Theory of Contract Law.Sören Koch - 2020 - Grotiana 41 (1):59-87.
    This article discusses to what extent the widely accepted hypotheses of Hugo Grotius’s crucial impact on the theory of contract law – also in Scandinavia – may be maintained or even positively confirmed. Although few direct references to the works of Grotius can be found in Scandinavian legal literature of the seventeenth and eighteenth century, it would be premature to draw a negative conclusion. An impact of Grotius’s thoughts may rather be demonstrated by thoroughly analysing patterns of argumentation concerning specific (...)
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  14. A Prodigy Child of the Dutch Revolt: Immediate ‘Precursors’ to Grotius on Just Revolt.Raymond Kubben - 2020 - Grotiana 41 (2):390-411.
    One of the odd things about Grotius’s thought is that he – advocate of a rebellious regime – was not very supportive of the right of resistance. Justifying the revolt at the time not only meant legitimizing the new regime he was serving; it also meant ruling out opposition against it. That posed an intricate puzzle; a puzzle Grotius solved by drawing on the theorizing on just revolt of the previous decades. This paper purports to show the connection between Grotius’s (...)
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  15. Grotius on Reprisal.Randall Lesaffer - 2020 - Grotiana 41 (2):330-348.
    In neither of his two major forays into the laws of war and peace – De iure praedae or De iure belli ac pacis – did Hugo Grotius discuss the legal institutions of reprisal – whether special or general – or privateering in their own right. His profoundly novel reading of the just war doctrine in the context of his theory of natural rights, however, gave powerful legitimisation to the practices of special reprisals, as well as of privateering in times (...)
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  16. Grotius on the Use of Force: Perfect, Imperfect and Civil Wars. An Introduction.Randall Lesaffer - 2020 - Grotiana 41 (2):255-262.
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  17. Making Use of the Testimonies: Suárez and Grotius on Natural Law.Sydney Penner - 2020 - Grotiana 41 (1):108-136.
    Thanks to Barbeyrac, Pufendorf and others, there is a long-familiar picture of Grotius as offering a groundbreaking account of natural law. By now there is also a familiar observation that there is no agreement what makes Grotius’s account innovative. Sometimes this leads to skepticism about how innovative Grotius’s account of natural law really is. Some scholars suggest that Grotius’s account of natural law resembles Suárez’s account. But others continue to argue that Barbeyrac is right to see Grotius as breaking the (...)
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  18. Die politischen Gesetze des Mose: Entstehung und Einflüsse der politia-judaica-Literatur in der Frühen Neuzeit, written by Markus M. Totzeck.Sina Rauschenbach - 2020 - Grotiana 41 (1):251-254.
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  19. Vitoria, Suárez, and Grotius: James Brown Scott’s Enduring Revival.Mark Somos & Joshua Smeltzer - 2020 - Grotiana 41 (1):137-162.
    This article recovers James Brown Scott’s conviction in American exceptionalism, a belief that underlay both his institutional work as well as his understanding of the origins and trajectory of international law. In the first section, we discuss Scott’s interpretation of Hugo Grotius as part of his tactic to make US foreign affairs policies and perspectives more compelling by presenting them as universal. In the second section, we argue that Scott’s writings on the Spanish origins of international law were in fact (...)
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  20. Hugo Grotius’ Remonstrantie of 1615. Facsimile, Transliteration, Modern Translations and Analysis, Written by David Kromhout and Adri Offenberg.Joke Spaans - 2020 - Grotiana 41 (1):246-250.
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  21. Territorial Sovereignty: A Philosophical Exploration, Written by Anna Stilz.Tom Sparks - 2020 - Grotiana 41 (1):237-245.
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  22. Admired Adversary: Wrestling with Grotius the Exegete in Cotton Mather’s Biblia Americana.Jan Stievermann - 2020 - Grotiana 41 (1):198-235.
    This essay examines the reception of Grotius’s pioneering Annotata ad Vetus Testamentum in the ‘Biblia Americana’, a scriptural commentary written by the New England theologian Cotton Mather. Mather engaged with Grotius on issues of translation, biblical authorship, inspiration, the canon, and the legitimate forms of interpreting the Hebrew Bible as Christian Scripture. While frequently relying on the Dutch Arminian humanist in discussing philological problems or contextual questions, Mather in many cases rejected, ignored, or significantly modified Grotius’s farther-reaching conclusions on dogmatically (...)
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  23. Consent and the Ethics of International Law Revisiting Grotius’s System of States in a Secular Setting.Christoph Stumpf - 2020 - Grotiana 41 (1):163-176.
    In this article Grotius’s perception of the legal relevance of consent is analysed with respect to its ongoing importance for an ethical fundament of public international law. It is argued that Grotius views the function of consent as an aspect of human law, which is limited, but also supported by what he views as the overarching framework of divine law. This can be particularly illustrated by Grotius’s idea of a duty of granting consent: such duty reflects the ethical quality of (...)
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  24. Perfect War: Alberico Gentili on the Use of Force and the Early Modern Law of Nations.Valentina Vadi - 2020 - Grotiana 41 (2):263-281.
    Gentili’s conceptualization of war as a conflict between states attempted to limit the legitimacy of war to external wars only, thus precluding the legitimacy of civil wars. It reflected both the emergence of sovereign states and the vision of international law as a law among polities rather than individuals. The conceptualization of war as a dispute settlement mechanism among polities rather than a punishment for breach of the law of nations and the idea of the bilateral justice of war humanized (...)
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  25. ‘Remedium Repraesaliarum’: The Medieval and Early Modern Practice and Theory of Reprisal Within the Just War Doctrine.Philippine Christina Van den Brande - 2020 - Grotiana 41 (2):305-329.
    Centuries before being included in Hugo Grotius’s De iure belli ac pacis and De iure praedae, the subject of reprisal was already being discussed in medieval literature. The aim of this paper is to examine the medieval and early modern practice and theory of reprisal as it developed before and during Grotius’s lifetime. Its first part investigates a number of important foundational elements, such as the issues of definition and terminology, and the common characteristics of a reprisal case. In the (...)
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  26. An ‘Embellisher’ of Grotius?Alberto Clerici - 2019 - Grotiana 40 (1):29-48.
    Willem Van der Muelen, jurist and member of the Dutch urban elite, was the author of a huge and widely read commentary on Hugo Grotius’s De iure belli ac pacis. Defined by the Neapolitan philosopher Giambattista Vico as a simple ‘embellisher’ of Grotius, but in recent times hailed as ‘the Dutch Locke’, Van der Muelen certainly deserves more attention. The essay will focus on the justification of political resistance to the sovereign, a particularly controversial issue both in early-modern political thought (...)
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  27. Changing Conservative Thinking in a Jesuit University.Jana Engelbrechtová - 2019 - Grotiana 40 (1):49-75.
    This paper attempts to give a survey of the origin of the present collection of some forty works of Grotius in the present Scientific Library of Olomouc. After a short introduction about education in the Czech lands and especially in Olomouc, the present works of Grotius are discussed in connection with their origin. Most works were added to the collection due to the Josephine abolition of monasteries in the 1780s. Premonstratensian and Cistercian monasteries were the most important former possessors. A (...)
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  28. Piracy and the Origins of Universal Jurisdiction: On Stranger Tides?, Written by Mark Chadwick.Ioannis D. Evrigenis - 2019 - Grotiana 40 (1):165-172.
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  29. Grotius and the Marginalization of Cosmopolitan Duties.Luke Glanville - 2019 - Grotiana 40 (1):102-122.
    This article expounds the role played by Hugo Grotius in marginalizing positive duties for the protection of vulnerable people beyond the sovereign state. In the sixteenth century, theorists writing within a range of traditions had posited solemn and demanding duties to assist and rescue vulnerable subjects of other rulers from tyranny and persecution. In the early seventeenth century, Grotius explicitly subordinated such duties to the duty to seek the preservation and advantage of one’s own state. He claimed that, while the (...)
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  30. Divine Decrees and Human Choices: Grotius on the Law of Fate and Punishment.Francesca Iurlaro - 2019 - Grotiana 40 (1):76-101.
    Hugo Grotius’s Philosophorum sententiae de fato et de eo quod in nostra est potestate has, so far, received little scholarly attention, even though it provides us with an interesting insight into Grotius’s philosophical interests. This text, published posthumously in 1648 by Grotius’s wife, Maria van Reigensberg, contains translations of texts from various philosophers on the question of fate. The aim of this article is to 1) place the debate on fate, in which Grotius was actively involved throughout all his life (...)
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  31. Political Consent, Promissory Fidelity and Rights Transfers in Grotius.Laetitia Ramelet - 2019 - Grotiana 40 (1):123-145.
    Grotius is now widely acknowledged as an important figure in early modern contractual and consensual theories of political authority and legitimacy. However, as his thoughts on these debates are disseminated throughout his works rather than systematically ordained, it remains difficult to assess what, if anything, constitutes his distinctive mark. In the present paper, I will argue that his works contain a combination of two conceptual elements that have come to constitute a salient characteristic of early modern contract and consent theories: (...)
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  32. Hugo Grotius and Samuel Pufendorf on Last Wills and Testaments.Raphael Ribeiro - 2019 - Grotiana 40 (1):146-164.
    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 (...)
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  33. The Limits of Natural Law: Liability for Wrongdoing in the Inleidinge.Joe Sampson - 2019 - Grotiana 40 (1):7-27.
    This article focuses on Grotius’s treatment of obligations arising from wrongdoing in his Inleidinge. The work has clear parallels with the natural law formulation of the same topic in De Jure Belli ac Pacis, and this article explores the extent of the similarities. It focuses on points of divergence, suggesting that the theoretical coherence of the natural law approach to obligations arising from wrongdoing was challenged primarily by extant legislative enactments. These provided either for region-specific doctrines, or rules that proved (...)
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  34. The Unseen History of International Law: A Census Bibliography of Hugo Grotius’s De Iure Belli Ac Pacis.Mark Somos - 2019 - Grotiana 40 (1):173-179.
    This research note announces and briefly describes a new five-year project to prepare a census bibliography of the first ten editions of Grotus’s De iure belli ac pacis. The resulting book will be published in 2025, the 400th anniversary of ibp’s first appearance. The project is sponsored by the Deutsche Forschungsgemeinschaft and hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.
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  35. Bibliography.Rens Steenhard - 2019 - Grotiana 40 (1):181-185.
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  36. Observations on the Legal Observations.Gustaaf van Nifterik - 2019 - Grotiana 40 (1):1-6.
    In the years 1777–1778 four volumes were published under the title Legal Observations on Several Dark and Until Now Unverified Sections of the Introduction. The volumes were composed by a society of young legal practitioners from The Hague, the most famous among them being Joannes van der Linden. By then Grotius’s Introduction to the Jurisprudence of Holland was still the cornerstone of the law of Holland and around the year 1800 it would become the fundament for attempts to codify this (...)
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  37. Hugo Grotius and the Century of Revolution 1613–1718: Transnational Reception in English Political Thought, Written by Marco Barducci. [REVIEW]Marco Barducci - 2018 - Grotiana 39 (1):137-151.
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  38. Hugo Grotius and the Modern Theology of Freedom: Transcending Natural Rights, Written by Jeremy Seth Geddert.Andrew Blom - 2018 - Grotiana 39 (1):130-136.
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  39. Necessity in International Law, Written by Jens David Ohlin & Larry May.Ioannis D. Evrigenis - 2018 - Grotiana 39 (1):155-159.
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  40. Scriptural Authority and Biblical Criticism in the Dutch Golden Age: God’s Word Questioned, Edited by Dirk van Miert, Henk J. M. Nellen, Piet Steenbakkers, and Jetze Touber.Nicholas Hardy - 2018 - Grotiana 39 (1):120-129.
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  41. Grotius, Dio Chrysostom and the ‘Invention’ of Customary Ius Gentium.Francesca Iurlaro - 2018 - Grotiana 39 (1):15-44.
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  42. An Introduction to the Smaller Bodies of Water in Hugo Grotius’s Legal Theory.Laurelin Middelkoop - 2018 - Grotiana 39 (1):97-103.
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  43. Criticism and Confession. The Bible in the Seventeenth Century Republic of Letters, Written by Nicholas Hardy.Sarah Mortimer - 2018 - Grotiana 39 (1):152-154.
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  44. The Historical Foundations of Grotius’ Analysis of Delict [Legal History Library 24], Written by Joe Sampson.Eltjo Schrage - 2018 - Grotiana 39 (1):105-119.
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  45. States and Patrimonial Kingdoms: Hugo Grotius’s Account of Sovereign Entities in The Rights of War and Peace.Emile Simpson - 2018 - Grotiana 39 (1):45-76.
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  46. Why the Revised Grotian Definition of Lying Still Fails: A Reply to Vincelette.John Skalko - 2018 - Bogoslovni Vestnik 1 (78):67-77.
    In a recent article (2017), Alan Vincelette attempts to defend the Grotian definition of lying. In much of the article he argues when it is licit to tell a formal falsehood. This focus, however, is a mistake. In particular, Vincelette conflates two distinct questions: a) is lying ever morally permissible?, and b) is the Grotian definition of lying an adequate definition? Much of Vincelette‘s response to my earlier criticisms (Skalko 2015) of the Grotian definition focuses on (a), but neglects (b). (...)
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  47. Bibliography.Rens Steenhard - 2018 - Grotiana 39 (1):161-167.
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  48. A Reply to Grotius’s Critics. On Constitutional Law.Gustaaf van Nifterik - 2018 - Grotiana 39 (1):77-95.
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  49. An Unpublished Letter From Herbert of Cherbury to Grotius on the Expeditio in Ream Insulam: Commentary, Text, and Translation.Felix Waldmann - 2018 - Grotiana 39 (1):1-14.
  50. Too Subtle to Satisfy Many: Was Grotius’s Teleology of Punishment Predestined to Fail?Jeremy Seth Geddert - 2017 - Grotiana 38 (1):46-69.
    _ Source: _Volume 38, Issue 1, pp 46 - 69 Most readers believe Grotius failed to refute Socinus in _De satisfactione_. This article argues that Grotius’s failure was one of reception rather than argument. It is possible to read _De satisfactione_ as Grotius adverted: a genuine concept of satisfaction, and a defence of the catholic faith. Grotius does reject a necessitarian identical satisfaction, in which a repayment is equal to a debt, but like Aquinas, he embraces a teleological equivalent satisfaction, (...)
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