11 found

Year:

  1.  3
    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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  2.  9
    Christian Wolff’s Lectures on Grotius’s De Iure Belli Ac Pacis From 1739–1740.Frank Grunert & Béla Kapossy - 2017 - Grotiana 38 (1):229-233.
    _ Source: _Volume 38, Issue 1, pp 229 - 233 This note announces a recent find in a private Swiss archive: Christian Wolff’s complete lecture course on Grotius’s _De iure belli ac pacis_ that he gave at the University of Marburg between June 1739 and May 1740.
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  3.  7
    Punishment and Sovereignty in De Indis and De Iure Belli Ac Pacis.Brad Hinshelwood - 2017 - Grotiana 38 (1):71-105.
    _ Source: _Volume 38, Issue 1, pp 71 - 105 Grotius’s theory of punishment provides a unique lens through which to view his evolving thought on sovereignty between _De Indis_ and _De iure belli ac pacis_ and the implications of that evolution for Grotius’s theory of the ius in bello. Throughout both works, Grotius attempted to leave open the possibility of private punishment and private warfare, a position not easily squared with prevailing views of sovereign authority. Initially, Grotius was content (...)
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  4.  5
    Hugo Grotius in Dialogue with His Colleagues.Lydia Janssen - 2017 - Grotiana 38 (1):148-175.
    _ 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 (...)
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  5.  4
    Grotius and Kant on Original Community of Goods and Property.Sylvie Loriaux - 2017 - Grotiana 38 (1):106-128.
    _ Source: _Volume 38, Issue 1, pp 106 - 128 This paper is interested in the critical potential of the idea of original common possession of the Earth. On the basis of a comparative analysis of Hugo Grotius and Immanuel Kant, it shows how different the meaning of this idea can be within a theory of property or territory. The first part is devoted to Grotius’s account of why and how the institution of property was progressively introduced. It highlights the (...)
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  6.  3
    Acceptilatio. Hugo Grotius on Satisfaction.Johannes Magliano-Tromp - 2017 - Grotiana 38 (1):1-27.
    _ 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. (...)
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  7.  2
    Having Made Peace Through the Blood of the Cross.Eltjo Schrage - 2017 - Grotiana 38 (1):28-45.
    _ Source: _Volume 38, Issue 1, pp 28 - 45 In his _Defensio fidei catholicae de satisfactione Christi adversus Faustum Socinum Senensem_ Grotius makes use of sources taken from Roman law. We discuss three examples and ask the question whether something may be said about the weight of the arguments Grotius has taken from Roman law, mainly the _Digest_. The first one relates to his belief that it is a matter of public interest that crimes do not remain unpunished and (...)
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  8.  2
    Pirating Mare Liberum.Mark Somos & Dániel Margócsy - 2017 - Grotiana 38 (1):176-210.
    _ Source: _Volume 38, Issue 1, pp 176 - 210 Two pirated editions form a vital but neglected part of the printing and reception history of the first edition of Grotius’s _Mare liberum_.
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  9.  1
    Bibliography.Rens Steenhard - 2017 - Grotiana 38 (1):235-243.
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  10.  15
    Adam Smith’s Unfinished Grotius Business, Grotius’s Novel Turn to Ancient Law, and the Genealogical Fallacy.Benjamin Straumann - 2017 - Grotiana 38 (1):211-228.
    _ Source: _Volume 38, Issue 1, pp 211 - 228 In this Reply, I argue that _pace_ Knud Haakonssen it is dubious that Adam Smith managed to ‘blow up’ Hugo Grotius’s universalist system of natural jurisprudence. Rather, Smith emerges as a closet rationalist who put forward crypto-normative universalist claims himself and found that he could not in the end improve upon Grotius’s system. Grotius was not seen by Smith as a ‘casuist’ _tout court_. I try to give an explanation for (...)
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  11.  7
    Grotius, Necessity and the Sixteenth-Century Scholastic Tradition.Bart Wauters - 2017 - Grotiana 38 (1):129-147.
    _ Source: _Volume 38, Issue 1, pp 129 - 147 The essay investigates elements of sixteenth-century scholastic thought that have played a role in Grotius’s doctrine of necessity: the nature of the rights of the person in extreme need; the relation of the right of necessity to self-preservation; the compact that lies at the origin of property rights; and finally the obligation of restitution once the emergency is over. Grotius did not develop the doctrine of necessity as an abstract principle (...)
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