To justify their activity, the first English mercantilists present commerce as a natural activity, which promotes peace between nations and contributes to the progress of civilization. In particular, they use the lex mercatoria, a notion inherited from the Middle Ages. The idea of a mutual trade of humanity, put forward in the writings of merchants, but also in an author like Grotius, contrasts with the theories of sovereignty linked to a national territory by political thinkers like Francis Bacon, Thomas Hobbes (...) and William Petty, or in some ways with a lawyer like John Selden. Paradoxically, while the constitution of colonial empires coincides with the rise of the great international trade, freedom of trade is presented by its defenders as an alternative to the antagonism between the states and the logic of domination induced by modern theories of imperium. This apparent contradiction between state logic and commercial humanism –or what appears to be such– seems to subsist in the modern resurgences of the lex mercatoria in the twentieth century. Yet, the idea of a source of the law independent of the state and rooted in the antiquity of customs, the uniformity of market practices or the jus gentium, is largely a fable, and an ideological construct aimed at concealing the reality of commercial practices. From this point of view, the fable of the lex mercatoria certainly plays an important role in the constitution of the commonplace of the doux commerce and the promotion of the freedom of trade by those who are, directly or indirectly, the main beneficiaries. (shrink)

Legal and political theorist, common lawyer and parliamentary leader, historian and polyglot, John Selden was a formidable figure in Renaissance England, whose real importance and influence are now being recognized once again. John Selden and the Western Political Tradition highlights his important role in the development of such early modern political ideas as modern natural law and natural rights, national identity and tradition, the political integration of church and state, and the effect of Jewish ideas on Western political (...) thought. Selden's political ideas are analysed in the context of his contemporaries Grotius, Hobbes and Filmer. The book demonstrates how these ideas informed and influenced more familiar works of later thinkers like Burke. (shrink)

Članek sledi zametkom teorij naravnega prava pri Aristotelu in rimskih pravnikih, nato pa se ukvarja z njihovim razvojem od Akvinskega do pozne sholastike in Suareza. Vendar pa avtor zagovarja trditev, daje resnične začetke in konceptualne vire modernih teorij naravnega prava iskati v zgodnji sholastiki 12. stoletja, ob uvajanju in zgodnjem razvoju kanonskega prava. Ogleda si tudi kritiko naravnega prava v obdobju renesanse, zatem pa obravnava teorijo naravnega prava Huga Grotiusa in opredeli njen zgodovinski novum ter oriše njeno konceptualno polje, sicer (...) nastalo s transformacijo humanistične tradicije, ki je zarisalo osnove liberalne doktrine in teorije suverene države, in na osnovi katerega so svoje moderne teorije naravnega prava gradili Selden, Hobbes, Pufendorf, Barbeyrac in Locke. (shrink)

Lex Mercatoria play a crucial role in resolving disputes arising from international trade contracts before arbitration bodies, thus establishing them as an independent legal system capable of regulating international commercial relations. This legal characteristic imposes a certain obligation on various arbitration bodies to apply them to the disputes brought before them, either based on the parties' intentions or based on the legal force inherent in those customs. Consequently, this research examines the extent of recognition of the binding force of commercial (...) customs before arbitration bodies, and based on that, it elucidates the authority of these bodies in applying them to international trade disputes. It is evident that these customs, due to their flexibility derived from the nature of commercial transactions and the customary practices of traders resorting to them, have become today an independent legal system that imposes itself on arbitration bodies even if the parties did not choose to apply those customs. This paper recommends the Jordanian legislator to explicitly adopt the application of these commercial customs in the Jordanian Arbitration Law texts, following the example of national and international comparative legislation. (shrink)

La diferenciación y globalización estructural de la moderna sociedad mundial produce, a nivel normativo, una tensión entre criterios de justicia global y múltiples formas de justicia sectorial asociadas a ámbitos sociales diferenciados como el comercio, el deporte y las finanzas, entre otros. Las teorías contemporáneas de justicia global, así como las teorías clásicas del derecho estatal, han reaccionado de modo más bien escéptico ante los nuevos desarrollos de justicia sectorial argumentando déficit de legitimación. Mediante el análisis del caso de la (...) lex mercatoria, este artículo sostiene que justicia global y justicia sectorial se unen por medio de lo que se denomina momentos de universalidad normativa, esto es, principios limitativos y constituyentes de la justicia sectorial. De este modo, justicia global y sectorial aparecen como formas complementarias y no antagónicas de derecho global en la sociedad mundial. (shrink)

Globalization processes imply the self-deconstruction of the hierarchy of legal norms. Thus, legal pluralism is no longer only an issue for legal sociology, but becomes a challenge for legal practice itself. Traditionally, rule making by `private regimes' has been subjugated under the hierarchical frame of the national constitution. When this frame breaks, then the new frame of legal institutions can only be heterarchical. The origin of global non-state law as a sequence of recursive legal operations is an `as if', not (...) only a founding myth as a self-observation of law, rather the legal fiction of concrete past operations. This fiction, however, depends on social conditions outside legal institutions, on a historical configuration in which it is sufficiently plausible to assume that in earlier times, too, legal rules were applied. (shrink)

The eighteenth-century Physiocrats are widely considered to be precursors to classical economics, the French ninteenth-centuryEconomistes, and contemporary free-market economics. They advocated free trade against mercantilism, and natural law against despotism. Although the Physiocrats also contributed to Walras and modern economic engineering, they fit squarely within the French (and world) liberal tradition.

This book shows how political argument in terms of rights and natural rights began in medieval Europe, and how the theory of natural rights was developed in the seventeenth century after a period of neglect in the Renaissance. Dr Tuck provides a new understanding of the importance of Jean Gerson in the formation of the theories, and of Hugo Grotius in their development; he also restores the Englishman John Selden's ideas to the prominence they once enjoyed, and shows how (...) Thomas Hobbes's political theory can best be understood against this background. In general, the book enables us to understand more fully the characteristics of the natural rights theories available to the men of the Enlightenment, and thereby to appreciate the complexity and equivocal nature of modern right theories. (shrink)

Im zweiten Buch seiner rechtstheologischen Summe De legibus ac Deo legislatore aus dem Jahre 1612 entwickelt Francisco Suárez seine Theorie des Naturrechts. Dabei gelingt Suárez die kritische Überarbeitung der lex-naturalis-Theorien des Augustinus und Thomas von Aquin und damit eine kritische Kontinuität mittelalterlicher Rechtstheologie. Suárez formuliert aber darüber hinaus eine für das frühe 17. Jahrhundert eigenständige Konzeption, die als innovatives Modell von Naturrecht mit den Entwürfen Hugo Grotius’ und Thomas Hobbes’ zu konkurrieren vermag. Die Einflüsse dieses genuin politisch-theologischen Naturrechtskonzepts reichen bis (...) zu Pufendorf und Wolff. Der Band erschließt diesen Schlüsseltext des frühneuzeitlichen Naturrechts im Sinne eine kooperativen Kommentars. Mit Beiträgen von Oliver Bach, Nobert Brieskorn, Simon Eultgen, Holger Glinka, Frank Grunert, Dominik Recknagel, Stefan Schweighöfer, Kurt Seelmann und Gideon Stiening. (shrink)

This work provides the first full-scale study of Anthony Ascham's political thought. During the crucial period between the Second Civil War and the aftermath of the abolition of monarchy and the establishment of the English Republic, when he served as official pamphleteer of the Parliament and the republican government, the arguments exposed in Ascham's works paved the way for much of contemporary political discussion. Ascham put forward a complex argument in support of Parliament's claims for obedience which drew on the (...) political thought of Grotius, Hobbes, Selden, Filmer and Machiavelli. He combined ideas taken from these authors and turned them into a powerful instrument of propaganda to be deployed to the service of the political agenda of his Independent patrons in Parliament. (shrink)

Cette contribution esquisse un cadre méthodologique pour l'étude des controverses en histoire de la philosophie. Il se construit autour de quatre composants fondamentaux: textes, contextes, prétextes et circonstances. Nous montrons comment, une fois ces éléments identifiés et systématiquement distingués et distribués, une controverse est localisée et circonscrite. En outre, nous montrons comment, formellement, les controverses sont reliées entre elles par le biais de la migration des textes d'un contexte à un autre. Ensuite, nous prenons pour exemple une controverse clé dans (...) l'histoire de la philosophie politique, la controverse à l'âge classique sur le jus circa sacra, « le droit des affaires sacrées », en nous penchant en particulier sur les travaux de Grotius, de Hobbes et de Spinoza. (shrink)

Among the paradoxical aspects of Hobbes's scepticism attention has recently turned to Hobbes's fool of Leviathan , chapter xv, where Hobbes makes a claim about justice that paraphrases Psalm 52:1: "The fool hath said in his heart there is no God." It is a charge of which Hobbes himself could be suspected, but in fact we see that it is on this startling claim that his legal positivism rests. Moreover it is embedded in a theory of natural law that Hobbes (...) inherited from the late scholastics and that he shares in common with Grotius as a practical solution to the problem of scepticism. Indeed, the fool is not even honoured with the designation "sceptic." He is simply dumb, stultus , one of the mindless mob, or those led astray by priests. Hobbes's treatment of the fool as stultus is Epicurean, as we see in the Historia Ecclesiastica , where he gives the topos special attention, and Epicureanism helps us solve the puzzle of the fool. (shrink)

This essay presents a critique of current views of Hugo Grotius which erroneously see him as a major theorist of natural rights and a formative influence upon the rights theory of Thomas Hobbes. Especially singled out for criticism are the misconceptions due to Richard Tuck in a number of writings that discuss the political ideas of Grotius and Hobbes and the relationship between them. In an examination of Hobbes's conception of natural rights, the essay reaffirms its originality and notes its (...) revolutionary potential contrary to the main intention of Hobbes's own political doctrine. (shrink)

O presente artigo busca confrontar as noções de natureza humana tal como desenvolvidas por Hugo Grotius, em sua obra O direito da guerra e da paz, e por Thomas Hobbes, nos escritos Do cidadão e Leviatã. Com tanto, trata-se de contrapor o pensamento dos referidos autores, identificando entre eles distinções e semelhanças. As análises realizadas neste trabalho justificam-se dada a centralidade dos teóricos abordados no âmbito da filosofia política, bem como do jusnaturalismo. Assim, espera-se oferecer um recorte das discussões empreendidas (...) em meados do século XVII, caras ao pensamento filosófico moderno. Para isto, as análises de cada autor serão expostas separadamente ao longo do artigo, para serem, então, articuladas, a título de conclusão. (shrink)

On April 30, 1982, the Eleventh Session of the Third United Nations Conference on the Law of the Sea endorsed the final version of the Draft Convention of the Law of the Sea by a vote of 130 to 4, with 17 abstentions.1 The Session met at UN Headquarters in New York from March 8 to April 30.2.

Sixteen years after the publication of Grotius’s Mare Liberum (1609), Serafim de Freitas, a Portuguese friar, published a reply to Grotius’s attack upon the foundations of the Iberian overseas empire. Freitas’s vindication of the Portuguese dominion over the high seas has, however, been consigned to obscurity, as the Anglophone literature concentrated on John Selden’s Mare Clausum (1636). This neglect is unjustified. Not only is Freitas’s treatise an earlier and more systematic response to Grotius, but it also anticipates many of (...) the arguments later deployed by Selden. The purpose of this article is thus to rescue Freitas’s arguments from oblivion. (shrink)

The pirate is a figure that is both marginal to war – since he is excluded from it – and central – since he is regularly called upon to define it. From a few evocations of this figure by Bodin, Grotius and Hobbes, all of which are based on Thucydides, we want to bring to light a normativity that is specific and immanent to the space of warlike violence.

Burlamaqui, J[ean] J[acques]. The Principles of Natural Law.

Hobbes intéresse l’économiste de deux manières. La première consiste en une lecture de Hobbes avec les lunettes de l’économiste d’aujourd’hui. Il fonde, avant Locke, le lien social sur l’échange et le contrat ou la convention. Mais, à la différence de la voie qu’Adam Smith empruntera ultérieurement, le programme hobbésien place le pouvoir au cœur de sa réflexion. Il faut également retenir l’analyse des coalitions menée par Hobbes, particulièrement celle des coalitions autoritaires (l’Union se distinguant de la simple association ou Consent) (...) et de la république comme une grande coalition autoritaire, et être impressionné par la proximité de ses analyses de la formation du contrat social et de l’autorité avec les théories contemporaines de l’agence. En second lieu, Hobbes est un mercantiliste qui livre certaines observations économiques non dépourvues d’intérêt. Il s’agit principalement de ses analyses de la valeur et des prix et du chapitre XXIV du Léviathan intitulé « Of the Nutrition and Procreation of a Commonwealth ». Hobbes y traite successivement de la production (plenty), étudie ensuite sa répartition (distribution) et ce qu’il nomme la digestion (concoction) ou transformation des richesses réelles en argent. Enfin vient l’acheminement (Conveyance) ou circulation monétaire du flux nourricier dans le corps de la république. (shrink)

While Thomas Hobbes is not typically cited as a philosopher concerned with economic inequality, there is a great deal of evidence in his writings to suggest that he was aware of inequality and worried about its effects on the commonwealth. This essay first contextualizes Hobbes in the development of the 17th-century English political economy to understand the mercantilist milieu that might have shaped Hobbes’s thoughts. Second, it then explores Hobbes’s thoughts on wealth, poverty, and inequality, as outlined in his major (...) political works – revealing distinctively Hobbesian grounds for understanding these phenomena. Third and finally, it explores Hobbes’s constructive political philosophy for means by which he might offer prescriptions for addressing them. (shrink)

_ Source: _Volume 35, Issue 1, pp 19 - 31 Grotius has often been cited as a crucial link between the ‘Erasmian tradition’ of the Renaissance and Reformation era and the Enlightenment. But there is perhaps a case for identifying him more specifically with the roots of the ‘Radical Enlightenment’. This was partly because of his widely-suspected and commented on tendency towards Socinianism. But it was also due to the uses to which he put his highly sophisticated humanist philology. During (...) the eighteenth century, Grotius’s Bible criticism was seen by some as the root of some of the most subversive criticism of the era. The German deist Reimarus, for instance, author of one of the most vitriolic attacks on Christian revelation of the age, more frequently mentions Grotius’s revisions in his footnotes than he does the criticism of Hobbes, Spinoza, Collins or Toland. This article surveys the aspects of Grotius that significantly contributed to shaping what developed into the ‘Radical Enlightenment’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 224-225 [Access article in PDF] Ross Harrison. Hobbes, Locke, and Confusion's Masterpiece: An Examination of Seventeenth-Century Political Philosophy. New York: Cambridge University Press, 2003. Pp. v + 281. Cloth, $65.00. Paper, $23.00. The title of Ross Harrison's book is taken from Macduff's line in Macbeth, "[c]onfusion now have made his masterpiece," in reference to the discovery of a murdered king. Regicide (...) was a particularly unsettling crime in the day of Shakespeare, as Harrison reminds us, since kings were often associated with divinity (2). And perhaps it was their obvious and fragile mortality, as witnessed by the killing of King Charles I, that served to further unsettle what had previously been taken for granted in the modern world—the very foundations of the state. Today, Jürgen Habermas informs us from the perspective of critical theory that we live in a "postmetaphysical condition," where we can no longer count on the apparatus of Christian natural law or Platonic Ideas to justify the state and its laws. Practically, the difficulty in Iraq of bringing together the various religious perspectives of Sunnis, Shiites, Kurds, Christians, and others suggests that different religions or even varying interpretations of the same religion provide formidable barriers to the foundation of political systems. How do we bring people of different worldviews and perspectives together into one state? The great virtue of Harrison's book is the reminder that this is not a new problem. Rather, it resides at the core of the greatest challenges for political philosophy in any age. This challenge inspires what Harrison calls "some of the greatest and most important political philosophy ever written" (1).Thomas Hobbes is the first to receive extensive attention. Harrison provides a careful step-by-step analysis of Hobbes's reasoning in Leviathan. His affection for Hobbes is thinly veiled, as he parenthetically refers to Leviathan as "the greatest work of the greatest political philosopher" (62). Much of his account is standard, as he skillfully walks the reader from Hobbes's fascination with science to the sweeping authority of the sovereign. What is particularly worthy of note is his attention to the matter of foundations in Hobbes. Here his characterization reminds us of the eternality of Hobbes's central problem: "... how in a sceptical age to make statements of human reason that can depend on something fixed, or generally agreed" (64). Having found God superfluous to the question, according to Harrison, Hobbes ultimately employs prudence in relation to self-interest to be this fixed object. Since prudence—particularly its response to threats of violence—is the one element shared by all peoples, regardless of their religious or moral commitments, it makes the most sturdy foundation of political reasoning.The second object of extended attention is John Locke. And as was the case with his treatment of Hobbes, Harrison again looks to the foundations. As most readers of Locke are aware, the law of nature plays a central role in his thought, and if one is to get to the foundations of his politics, then one must unravel its mysteries. Locke makes solving these mysteries difficult for readers by denying the existence of innate ideas in the Essay. Locke makes his own task of grounding his theory difficult by doing just the same—denying the existence of innate ideas. Grounding natural law is made even more troublesome by his apparent appeals to these very same innate ideas on two occasions in the Second Treatise (§11, §136). It is perhaps in his own confusion that, according to Harrison, he "falls back, [End Page 224] after all, on revelation" (180). This is particularly unsatisfactory for Harrison, since revelation is characterized by the indeterminacy that led to the political conflict between Protestants and Catholics in modern England and eventually to the works of Hobbes and Locke in the first place.Shorter chapters are devoted to Grotius, Pufendorf, and the less-celebrated sixteenth-century figure, John Ponet. Ponet is found to appeal... (shrink)

Según la noción clásica el derecho es el objeto de la justicia; también clásicamente se dice que el ius es lo justo, lo debido. Según esto, el ius naturale es lo justo que se funda en la naturaleza y es lo debido por naturaleza. Frente a estas nociones clásicas Thomas Hobbes define al ius naturale como la libertad que cada hombre tiene de usar su propio poder como quiera, para la conservación de su propia naturaleza, es decir, de su vida. (...) También podemos marcar la diferencia entre la concepción clásica de la ley natural como dictamen de la razón práctica que ordena al hombre hacia el fin inscripto en su naturaleza, permitiendo reconocer el bien y el mal afin de realizar el primero y evitar el último, de la noción moderna hobbesiana que concibe la lex naturalis como norma general que obliga a realizar lo que preserve mejor su vida u omitir lo que pueda destruirla o privarle de los medios de conservarla. El objetivo de este artículo es mostrar cómo y porqué se llega a estas diferencias tan marcadas. (shrink)

The aim of this article is to explore in what respects Thomas Hobbes may be regarded as foundational in international thought. It is evident that in contemporary international relations theory he has become emblematic of a realist tradition, but as David Armitage suggests this was not always the case. I want to suggest that it is only in a very limited sense that he may be regarded as a foundational thinker in international relations, and for reasons very different from those (...) for which he has become infamous. In the early histories of international thought Hobbes is a cameo figure completely eclipsed by Grotius. In early histories of political literature, the classic jurists were often acknowledged for their remarkable contributions to international relations, but Hobbes is referred to exclusively as a philosopher of a positvist ethics and absolute sovereignty. It is among the jurists themselves that Hobbes is believed to have made important conceptual moves which set the problems for international thought for the next three centuries. He conflates natural law and the law of nations, arguing that they differ only in their subjects—the former individuals, the latter nations or states. This entailed transforming the sovereign into an artificial man, not in the Roman Law sense of an entity capable of suing and being sued; rather, as a subject not party to a contract, but created by a contract among individuals who confer upon it authority. This subject is not constrained by the contractors, but is, as individuals were in the state of nature, constrained by the equivalent of natural law, the law of nations in the international context. Throughout, the methodological implications are drawn for modern historians of political thought and political philosophers who venture to theorise about international relations. (shrink)

After the French Revolution, the codification movement led to the introduction of the Dutch Civil Code and the Commercial Code of 1838. These codifications were generally regarded as the bedrock of a dogmatic system in which little space was left for customs and customary law. Mercantile jurists, such as Holtius and Levy, were opponents of the legalistic approach of the new codifications. They tried to separate mercantile law from civil law in order to protect mercantile law from excessive legalistic influences. (...) According to them, mercantile law was characterised by internationality, custom as its main source of law, continuity through an extended mercantile legal history and by good faith and mutual trust between the merchants. Out of these, the historicity and homogeneity of a strong community of merchants are particularly in line with a traditional and conservative view on society. Holtius and Levy, however, had little in common with their Christian-conservative contemporaries. On the one hand, they rather seemed to foreshadow the kind of liberal-conservatism as expressed by Hayek during the 20th century. On the other hand, their ideas have much in common with different lex mercatoria –traditions developed by authors as Goldman and Schmitthoff. On the aspects of historicity and internationality Holtius and Levy seem to have much in common with Hayek whereas concerning communality and the legal nature of customary law there are more similarities with the lex mercatoria-traditions. (shrink)

Hugo Grotius und Thomas Hobbes stehen beide in unterschiedlicher Weise für einen Neubeginn in der Politischen Philosophie bzw. in der Rehtsphlosophie. Während bei Grotius die Anknüpfung an die vorangehende Tradition des Christlichen Naturrechts gleichwohl unübersehbar ist, ist Hobbes' Beziehung zum Naturrecht kontrovers. In der Konfrontation beider Autoren mit dem in der scholastischen Diskussion herausgearbeiteten Naturgesetzbegriff zeigt sich, wie die Auseinandersetzung zwischen den voluntaristischen und rationalistischen Positionen letztlich einer Rechts- und Moralphilosophie Bahn bricht, die sich von den theologischen Voraussetzungen des Christlichen (...) Naturrechts befreien kann, ohne dabei mit diesem in unmittelbaren Widerspruch zu geraten oder auch nur dessen Begriffsrahmen zu sprengen. Durch eine strikte Trennung von Evaluationsproblem und Obligationsproblem eröffnet Grotius' De iure belli ac pacis das Feld einer säkularen Moralwissenschaft, welche Hobbes im Leviathan dann auf ein neues methodisches Fundament stellt und zudem durch eine säkulare Verpflichtungstheorie ergänzt. In different respects, Hugo Grotius and Thomas Hobbes represent a new beginning in political and legal philosophy. Although Grotius' connection with the previous tradition of Christian natural law is obvious, Hobbes' relation to natural law is controversial. Both of them, however, confront the concept of natural law as developed in the scholastic discussion. The ensuing debate between voluntarism and rationalism finally paves the way for a new philosophy of law and morals. This new philosophy can extricate itself from the theological presumptions of Christian natural law without running into contradiction with it, or even dissolving its conceptual framework. Through its strict division between evaluation and obligation, Grotius' De iure belli ac pacis opens the door for a secular moral science, which Hobbes in Leviathan places on a new methodological foundation and also expands upon through a secular theory of obligation. (shrink)

An important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war, since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may (...) punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae, one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio, and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis.Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away. (shrink)

An important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war , since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state (...) may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae , one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio , and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis .Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away. (shrink)

This paper explores Richard Tuck's account of Grotius as the key innovator in the history that leads to the invention both of the free individual, protective of his or her rights, and of the modern liberal state, respectful of individuals' rights. Contextualism as a method for dealing with texts is discussed by way of a recent interview given by Tuck's teacher, Quentin Skinner. The attempt is made to see contextualism in context.

This paper examines the reception of Dutch commercial ideas and institutions in continental Europe during the first half of the seventeenth century. Using printed and archival sources from France, Sweden and Denmark, it argues that it is more useful to examine how statesmen and thinkers adapted Dutch material to different local circumstances and changing political conditions than to search for a mercantilist approach to political economy. Dutch arguments were particularly important, because they focused attentions upon the just and expedient relations (...) between sovereignty and commerce. Replacing Hugo Grotius's Mare liberum in the contexts of the broader debate about the governance of commerce and of the politics of the Thirty Years War allows us to recover part of its further significance, for its polemical clarity allowed statesmen and scholars to refine more sharply their notion of commerce's relation to the state. (shrink)

This contribution aims at reconstructing the system of legal sources as it can be recognised in all its clarity in the De iure praedae. After pointing out that Grotius applied in this work the mathematical method, it is observed that the law has a clear voluntaristic character: 'voluntas universorum ad universos directa lex dicitur'. Even the 'first notion', quoted in Regula I, that is the lex aeterna, has this specific character: 'Quod Deus se velle significarit, id ius est'. Interesting is (...) also the way in which the issue of the ius naturae is developed. Actually, natural law is consistent with Regula I precisely because it is bound to God as a manifestation of his will: 'Dei voluntas non oraculis tantum et extraordinariis significationibus, sed vel maxime ex creantis intentione apparet'. Thus, the creation of the ius gentium primarium and ius gentium secundarium follows the same pattern: it is always a voluntas that splits into a cascade like a 'baroque fountain'. At the end of the same argument we find finally the ius civile: 'Quidquid respublica se velle significavit', as Regula V states. In conclusion, the system of legal sources in De iure praedae is based on premises that differ in many respects from the legal sources of De iure belli ac pacis. (shrink)

ABSTRACT Politics, religion and legal argumentation were inextricably intertwined in the reception of John Selden’s Mare Clausum/The Closed Sea (1635). The work’s writing and printing history is closely tied to Stuart foreign policy, particularly James I’s and Charles I’s attempts to tax the Dutch herring fisheries. Mare Clausum’s immediate impact on European international relations has received little attention from historians so far. It is clear, however, that government authorities in London, The Hague and Venice expected an official reply from (...) Hugo Grotius, author of Mare Liberum/the Free Sea (1609) and Swedish ambassador in Paris. Yet the latter declined to assist the Dutch authorities in this matter, blaming them for his imprisonment in 1618–1621 and his second banishment from Holland in 1632. The antipathy was mutual. The Dutch authorities abhorred Grotius’ pleas for religious tolerance and commissioned his Calvinist kinsman Dirk Graswinckel to respond to Selden instead. Graswinckel had already published Libertas Veneta/venetian Liberty (1634), a learned defense of the Republic of Venice’s political interests. In ‘Vindiciae maris liberi’/vindication of the Free Sea (written 1636–1637), he tried –but arguably failed – to reconcile Dutch claims to freedom of navigation, trade and fishing with Venetian claims to the Adriatic. It never appeared in print. (shrink)