Grotius, Hugo De Jure Praedae Commentarius. Volume II. complete, containing The collotype reproduction of the original manuscript of in the. Grotius, Hugo. De Jure Praedae Commentarius. Ex Auctoris Codice Descripsit et Vulgavit H endrik G erard Hamaker. Originally published: The Hague: Apud. Hugo Grotius also known as Huig de Groot or Hugo de Groot was a Dutch jurist. Along with the . seas accepted the right of unobstructed navigation long before Grotius wrote his De Jure Praedae (On the Law of Spoils) in the year of
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He is Editor-in-Chief of the journal Grotiana. Informal proofs relative to whole question, based on examples For, assuming that the actions of just men are properly regarded as just—in other words, assuming that example is of paramount importance in the decision of all questions—I shall cite the following sources: The company prospered through most…. The present publication improves upon the Carnegie edition of De Jure Praedae in various ways.
Quite similar acts had of course been committed by other persons prior to that time, and have also been committed since then; but inasmuch as this particular instance is for many reasons the most widely celebrated, we have chosen it for examination as the Edition: Moreover, since it is the will involved that constitutes the measure of a good, as we have already pointed out, it follows that the will of the whole group prevails in regard to the common good, and even in regard to the good of individuals, in so far as the latter is subordinate to the former.
Philosophy of warInternational lawPolitical philosophy. Yet he carefully refrained from any kind of willful distortion of the evidence at hand.
It is no less necessary to take away these possessions, wresting them from the enemy, than it is to wrest the sword from a madman, if we wish to protect our property or even our personal security. For he will understand clearly enough that, for the duration of the war and in view of the continued danger, it will not be permissible, for captured possessions to be reclaimed by the one who lost them; c but he will fail to see any reason why, after peace has been restored, you should not give back those things which you have seized solely for the sake of your own security, d since the Fourth Law does not conflict with any other law under these circumstances, and should therefore come into force again.
In addition, the author and subject indexes have been silently corrected to reflect the most recent historical scholarship, and, where possible, floruit or birth and death dates have been provided for important authors and historical figures.
Grotius admitted that the Portuguese had never harmed Van Heemskerck in his own person or made any attempts on his crew, cargo, and fleet.
In view of the fact, then, that a just war consists in the execution of a right, b the matter regarding which a just war is waged must of necessity be a right.
Indeed, in so far as we are concerned with subject-matter, which is the same in warfare and in judicial trials, e we may say that there should be precisely as many kinds of execution as there are kinds of legal action. The first of these is self-defence, which is based upon the First Law.
On the other hand, the Edition: What God has shown to be His Will, that is law. Property, Piracy and Punishment: Furthermore, we read of occasional instances in which such a procedure has been adopted out of benevolence, even though the law makes no provision to that effect.
Other writers have maintained that a just war must be directed by a [competent] judge and in accordance with law. For the different Edition: Chastisement involves an attempt to correct the particular individual punished and also to Edition: The foregoing observations show how erroneously the Academics—those masters of ignorance—have argued in refutation of justice, that the kind derived from nature looks solely to personal advantage, while civil justice is based not upon nature but merely upon opinion; for they have overlooked that intermediate aspect of justice which is characteristic of humankind.
Is such seizure ever just for Christians, from Christians? The volume aims at anyone interested in the history of ideas, the early-modern background to law and the social sciences, or the history of the early seventeenth century. Justice can never be found wanting, nor can there be a lack of good faith, in those who proceed so carefully and with hesitant tread so to speak in exercising this right which is most certainly possessed by all peoples and which would seem questionable to no one save the Dutch themselves.
The northern Netherlands were in a state of rebellion against their rightful overlord, the king of Spain and Portugal, and achieved de jure independence only in Any text you add should be original, not copied from other sources. The problems arising under this second head are not unlike those previously included under the head of war, and may be dealt with on the basis of the arguments already set forth.
As a matter of fact, such disputes could not have been settled in any other way. Thus we clearly perceive the absurdity of the belief a that seizure ee spoils pdaedae be excluded from wars among Christians; unless, perchance, all such wars are held to be unjust.
The Dutch were at war with Spain and Portugal when the loaded merchant ship Santa Catarinaa Portuguese carrackwas captured by captain Jacob van Heemskerk ujre present-day Singapore in For magistrates, in so far as they themselves are citizens, reap on their own behalf the harvest of their administrative labours, namely, the public good; a on the other hand, in so far as they are stewards of the state, they have been appointed to their posts not for their own but for the public welfare, b very much as if they were the pilots of a ship.
Seneca b has said that the second fault dr incompatible df justice, and the third, with clemency. The new peace would move juure people’s focus to the controversy and Arminius’ followers. The sovereign, free Edition: For the persons who hate war, base their hatred either upon its causes or upon its effects. In earlier times the Manichees were included in this subversive group, and even now there are persons who revive many errors of the Manichees, under a new name.
Wikiquote has quotations related to: For no discerning person can be unaware of the consequences toward which prafdae debates are tending, nor of the hostile wiles intermingled with them. Democritus a gives us this advice: The classics of international law ; no. Accordingly, even though the precepts of nature permitted every individual to pronounce judgement for himself and of himself, it is clear that all nations deemed it necessary to institute some orderly judicial system, and nure individual citizens gave general consent to this project.
At the same time, one must admit that persons who furnish grounds for war by their injurious acts, are certainly not complying with the duties pdaedae upon Christians, since the followers of Christ are subject to a special and solemn obligation of love and concord, surpassing the common bond that unites all mankind. New explanation For some persons will be of the opinion f that the thing seized is res nullius, inasmuch as the former owner has been lawfully deprived of it, and that consequently it becomes like other things so classified the property of the first party to take jurf.
It is permissible for individual states to renounce such institutions, because of the very fact that the latter were established not by common [international] agreement but by the respective states, acting singly; just as, in the case of a given political community, not everything customary przedae the majority of persons will forthwith constitute law, but only that which concerns the mutual relations of the citizens.
This is the basis of rewards and punishments. The Fifth and Sixth Laws, too, are implicit in these passages: At praeddae bottom of the article, feel free to list any sources that support your changes, so that we can fully understand their context.
Hugo Grotius – Wikipedia
Law III Let no one inflict injury upon his fellow. But what of wars and the boasted crime of slaughter Edition: Thus Demosthenes g says: Skip to content Skip to search. But as soon as that imminent peril of death or loss shall cease, it will be obligatory to observe the different laws, no longer in mutual conflict, praevae one and the same time.
Any unavoidable departure from this rule is marked with a numbered footnote.