Property, Piracy and Punishment: Hugo Grotius on War and Booty in De Iure Praedae - Concepts and ContextsHans W. Blom In 1604-1605 Hugo Grotius wrote "De iure praedae," a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss "De iure praedae," its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal "Grotiana." |
Contents
Introduction | 1 |
Hugo Grotiuss Political and Scholarly Activities in the Light of his Correspondence | 16 |
Problems Perspectives and Insights from De iure praedae | 31 |
Problems of Legal Systematization from De iure praedae to De iure belli ac pacis De iure praedae Chapter II and the Prolegomena of De iure belli ac ... | 61 |
Law War and Method in the Commentary on the Law of Prize by Hugo Grotius | 79 |
Grotius and Stobaeus | 104 |
The Patristic Context in Early Grotius | 127 |
From Bibe Criticism to International Law | 147 |
Hugo Grotius Rewriting of Chapter 12 of De iure praedae in NovemberDecember 1608 | 246 |
Sequuntur Dogmatica De Iure Praedae Law and Theology in Grotiuss Use of Sources in De Iure Praedae | 281 |
The VOC Corporate Sovereignty and the Republican SubText of De iure praedae | 310 |
Natural Rights and Roman Law in Hugo Grotiuss Theses LVI De iure praedae and Defensio capitis quinti maris liberi | 341 |
De iure praedae in Context | 366 |
Beyond the Law The Image of Piracy in the Legal Writings of Hugo Grotius | 379 |
Grotius and the Origin of the Rulers Right to Punish | 396 |
| 417 | |
Godfried Udemans Spiritual Helm 1638 | 192 |
Using the Work Remarks on the Text of De iure praedae | 215 |
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Common terms and phrases
according actions argument authority belli ac pacis Bible booty Cambridge cause century chapter Christian Church cited civil claim command Commentary common concept concerning context different discussion doctrine Dutch early East edition enemy example fact first gentium give given Grotius’s Hugo Grotius human idea important Indies individual inserted institution interest iure belli ac iure praedae justice later Leiden letter liberty manuscript Mare liberum marginal means natural law natural rights original particular passage Peace person political Portuguese position present Press principles published punishment quae question quod reads reason references relations Roman rule says shows sources sovereignty Stobaeus subjective theory things thought tion trade tradition translation Tuck Udemans University writing