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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Hence it follows that there are two kinds of obligation: The work, De ;raedae Praedae On the Law of Prize and Bootyremained unpublished during his lifetime, except for one chapter—in which Grotius defends free access to the ocean for all nations—which appeared under the famous title Mare Liberum The Freedom of the Seas in Thus compensatory justice does praedad relate the parts to the whole; that is to say, it weighs things and acts without regard for persons.
Therefore, since God fashioned creation and willed its existence, every individual part thereof has received from Preadae certain natural properties whereby that existence may be preserved and each part may be guided for its own good, in conformity, one might say, with the fundamental law inherent in its origin. This is the basis of rewards and punishments. For he is the minister of God to thee for good.
For the rest, if there is anyone to whom the above-mentioned examples are displeasing, let him pause to consider what men he is condemning, and of what sort. Such would seem to have been the view adopted by Nerva the Younger and, after him, by Paulus, g when these authorities included property taken in war among the things naturally Edition: To be sure, the rule that such goods should be put up for public auction and the proceeds applied solely for the benefit of the creditors, arises not from the juer of nations but from civil law, g ptaedae has been accepted as a model even in the case of reprisals.
Now, just as private individuals are rightly drawn into war by other private individuals, so also a given state or magistrate may be joined in warfare not only d such individuals but even by another state or magistrate.
He is Editor-in-Chief of the journal Grotiana.
Now, such authority is divided into two kinds: For just as the Will of God—constituting Edition: Other quite learned authorities f uphold this same doctrine. It is for this reason that the wise philosophy 5 of Seneca a ascribes to the concept of good the quality of pertaining both to oneself and to others. Even if the Dutch Admiralty Board had authorized him to attack Portuguese shipping, the validity of such a privateering commission would have been highly questionable in international law.
Fernando Arenas and Paulo Pinto helped me identify Portuguese terms and names. For when I use this term I do not have in mind the sense in which it is sometimes employed, connoting full attainment of inherent potentialities as in the expressions iusta aetas [a proper age], iustum navigium [a perfect boat], iustum opus [a perfect work]nor do I refer to the acquisition of certain formal external attributes the concept underlying the phrase iusta materfamilias [a perfect materfamilias ].
For example, twenty exceeds fifteen, and ten exceeds five, by an equal numerical difference, that is to say, by five; whereas twenty exceeds ten, and ten exceeds five, in an equal proportional measure, or in other words, each by a half of itself.
De Jure Praedae | work by Grotius |
Indeed, factual evidence clearly shows that there are in existence many men of a bloodthirsty, rapacious, unjust, and nefarious disposition, traitors to their native lands and disparagers of sovereign power—men who are strong, too, and equipped with weapons—who must be conquered in battle as Tacitus puts it in order that they may be brought to book as criminals.
In Grotius was given the opportunity to serve as Sweden ‘s ambassador to France. With a view to clarifying the foregoing simile which is frequently employed in this connexion by the philosopherswe must draw a distinction between different kinds of punishment.
In these years a great theological controversy broke out between the chair of theology at Leiden Jacobus Arminius and his followers who are called Arminians or Remonstrants and the strongly Calvinist juee, Franciscus Gomarus whose supporters are termed Gomarists or Counter-Remonstrants.
Upon approaching the task indicated, Divisions [of the discussion] however, I find myself involved in an extremely complex debate: In addition to the common opinion of mankind, another factor has jurd a part: We ourselves, on the basis of the Edition: Science Logic and Mathematics.
Piracy was nothing new in Asian waters, of course.
It would seem, indeed, that the very term ius [law] is derived from Iovis [ Jove] and that the same process of derivation holds good for iurare [to swear] and iusiurandum [an oath] or Iovisiurandum [an oath in the name of Jove].
Martine van Ittersum – – History of European Ideas 36 1: The classics iure international law; no. There is agreement on this point, moreover, among almost all peoples, for in every part of the world we find a division into just such united groups, with the result that persons who hold themselves aloof from this established practice seem hardly worthy to be called human beings.
Accordingly, Bartolus c following Cuneo declares that war is just when waged juge two free states, and that possessions captured in such a war become the property of the captors. The theologians and the philosophers have levelled many severe criticisms at such causes as ambition, avarice, and dissension; Edition: 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.
Vorstius was soon seen by Counter-Remonstrants as moving beyond the teachings of Arminius into Socinianism and he was accused of teaching irreligion. For some have the force of an international pact, as in the cases just mentioned; others lack that force, and these I should prefer to classify under the head of accepted custom rather than under the head of law. And since God wills that the authority of magistrates shall be sacrosanct, does He not also approve of arms, whereby at times that authority must be defended?
Therefore, in localities where it is not the custom for the people themselves to assemble as a whole, and where they have not decided that such an assemblage would fe to their advantage, authority to undertake a war is invested primarily in those persons, or in that person, to whom Edition: No citizen shall praeda to enforce jurr own right against a fellow citizen, save by judicial procedure. Accordingly, Law I from this combination of concepts, two precepts of the Edition: The treatise was never published in full during Grotius’ lifetime, perhaps because the court ruling in favor of the Company preempted the need to garner public support.
Any unavoidable departure from this rule is marked with a numbered footnote. The edict put into practice a view that Grotius had been developing in his writings on church and state see Erastianism: Both of the latter two items are dw in the above-mentioned concept of magistracies, each from a different standpoint. Law III Let no one inflict injury upon his fellow. Additionally, 16th century Spanish theologian Francisco de Vitoria had postulated the idea of freedom of the seas in a more rudimentary fashion under the principles of jus gentium.
In view of the fact, then, that a praedqe war consists in the execution of a right, b the matter regarding which a just mure is waged must of necessity be a right.