22 found

Year:

  1.  3
    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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  2.  2
    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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  3.  3
    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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  4.  1
    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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  5. 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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  6. 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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  7. 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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  8. 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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  9.  2
    ‘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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  10.  3
    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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  11.  2
    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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  12.  2
    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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  13.  3
    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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  14.  1
    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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  15.  2
    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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  16.  6
    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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  17.  5
    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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  18.  2
    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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  19.  1
    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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  20.  7
    Territorial Sovereignty: A Philosophical Exploration, Written by Anna Stilz.Tom Sparks - 2020 - Grotiana 41 (1):237-245.
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  21.  3
    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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  22.  2
    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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