Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae
Author:
Publisher: BRILL
Total Pages: 427
Release: 2009-03-25
Genre: History
ISBN: 9047428587

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.

The Free Sea

The Free Sea
Author: Hugo Grotius
Publisher: Natural Law and Enlightenment
Total Pages: 184
Release: 2004
Genre: Law
ISBN:

The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 'Mare Liberum'. "The Free Sea" was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, "De Jure Praedae" ('On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod. Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. -- Back cover.

War and Peace

War and Peace
Author: Valentina Vadi
Publisher: BRILL
Total Pages: 592
Release: 2020-05-18
Genre: Law
ISBN: 9004426035

This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.

Grotius and Law

Grotius and Law
Author: Emily McGill
Publisher: Routledge
Total Pages: 855
Release: 2017-07-05
Genre: Law
ISBN: 1351564900

The essays collected for this volume represent the best scholarly literature on Hugo Grotius available in the English language. In the English speaking world Grotius is not as well known as his fellow 17th century political philosophers, Thomas Hobbes or John Locke, but in legal theory Grotius is at least as important. Even on central political concepts such as liberty and property, Grotius has important views that should be explored by anyone working in legal and political philosophy. And Grotius?s work, especially De Jure Belli ac Pacis, is much more important in international law and the laws of war than anyone else?s work in the 17th or 18th centuries. This volume is therefore useful not only to Grotius scholars, but also to anyone interested in historical and modern debates on key issues in political and legal philosophy more broadly, and international law in particular.

Rights and Civilizations

Rights and Civilizations
Author: Gustavo Gozzi
Publisher: Cambridge University Press
Total Pages: 409
Release: 2019-02-14
Genre: History
ISBN: 1108474233

Illustrates the origin and ways of Western hegemony over other civilizations across the world.

De Jure Praedae Commentarius

De Jure Praedae Commentarius
Author: Hugo Grotius
Publisher:
Total Pages: 456
Release: 2015-11-13
Genre: Law
ISBN: 9781616191108

Reprint of the first edition. Written between 1604 and 1605, De Jure Praedae [On the Law of Prize], which remained in manuscript until 1868, is the earliest significant legal work by Hugo Grotius. His discussion of prize is not restricted to issues of legality; he seeks to determine also whether the capture of enemy material is honorable or expedient. He pursues these issues through an elegant argument based on natural law. Remarkable for its intellectual finesse and literary quality, De Jure Praedae is equally significant as the source of two of his most important writings. Mare Liberum (1609) is based on one of its chapters. It also contains an early version of De Jure Belli et Pacis (1625). In this regard, the book offers a valuable introduction to the issues explored in these later works. Appended to this reprint is Robert J. Fruin's valuable essay "An Unpublished Work of Hugo Grotius's." Written in 1868 and later republished in English in 1925 in Bibliotheca Visseriana: Dissertationum Ius Internationale Illustrantium, edited by Rijksuniversiteit te Leiden, it remains the principal study of this work. HUGO GROTIUS [1583-1645] a pre-eminent contributor to international legal doctrine, was an influential Dutch jurist, philosopher andwas an influential Dutch jurist, philosopher and theologian. His other important works include De Jure Belli ac Pacis (On the Law of War and Peace), originally published in 1625, which is widely considered to be the first master treatise on international law, and The Freedom of the Seas (Mare Liberum) (1609) which continues his plea for free trade among all nations.

Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries

Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries
Author: Hans Willem Blom
Publisher: History of European Political
Total Pages: 364
Release: 2022
Genre: Philosophy
ISBN: 9789004498532

"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"--