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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For subjects as such enjoy a right not absolutely, but in a relative sense, as the Scholastics have maintained. In a sense, however, an injury inflicted even upon one individual is the concern of all, and this is true primarily jurs of the example ve just as it is the concern of the whole body that its various members should be sound, particularly as a guard against contagion.

Gracchus and Lucius Aemilius customarily did likewise. If, for example, your life is imperilled in the wilderness as the result of an attack from some individual, under circumstances of time and place that do not permit of recourse to a judge, you will rightly defend yourself, disregarding the Ninth Law, relative to judicial procedure. Grotius admitted that the Portuguese had never harmed Van Heemskerck in his own person or made any attempts on his crew, cargo, and fleet.

Grotius had no intention of producing an objective historical account. This distinction is pointed out in the Greek saying, a.

Studies on the Reformation. In like vein, the poet above quoted wrote: The Age of Enlightenment. With respect to voluntary agents? Just as the mathematicians customarily prefix to any concrete demonstration a preliminary statement of certain broad axioms on which all persons are easily agreed, in order that there may be some fixed point from which to trace the proof of what follows, so shall we point out certain rules and laws of the most general nature, presenting them as preliminary assumptions which need to be recalled rather than learned for the first time, with the Edition: The present publication omits these notations because changes in pagination make them no longer accurate.


It is, however, indubitably true that virtue, at both extremes, Edition: I am very grateful for the assistance that I have received from so many wonderful colleagues around the globe. Rule III From the foregoing considerations the rule of good faith is derived: But a new difficulty presents itself at this point, one which did not appear in connexion with municipal law.

While in Paris, Grotius set about rendering into Latin prose a work which he had originally written as Dutch verse in prison, providing rudimentary yet systematic arguments for the truth of Christianity. New explanation Therefore, in both kinds of warfare, [public and private,] one must consider the causes involved.

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By using this site, you agree to the Terms of Use and Privacy Policy. Meanwhile, suffice it to say that the precepts which we are discussing, clearly do not refer to the public use of arms. As for the argument derived by our opponents from civil war, it is doubly absurd. For, in my opinion, it would be a waste of effort to pass judgement regarding acts whose scope is international rather than domestic—acts committed, more-over, Edition: I, to-gether with Gen.

De Jure Praedae | work by Grotius |

It was up to a young and ambitious Dutch lawyer, Hugo Grotius —to sort Edition: Appendix II is a mixture of archival and printed documents, some of which were discovered only a few years ago in the Dutch national archives in The Hague.

Part of a series on. Once it was established that Van Heemskerck had engaged in a just war, Grotius could simply cite the law of war to show that he was entitled to reparations for injuries sustained by himself, his employers, and the Dutch Republic. 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.

Slot Loevestein in Dutch. Outline [of the case] The particular case underlying this discussion is summarized in the following paragraph.

But there is a difference between tacit indication of will and express indication thereof. The classics of international law; no.

Thus Augustine b says: We were unable to find this edition in any bookshop we are able to search. Having completed our discussion of the question [of justice] in relation to war, let us pass to another phase of the subject, [justice in relation to] the seizure of prize or booty. In many cases, however, it is advantageous not only for our own sake but also because of the example set before the public, that we should possess that which is rightfully ours.


It seems, however, that there are laws peculiar to the civil covenant, which are derived from the three rules above stated and which extend beyond the laws already set forth, Law VII as follows: The watermarks in the paper, the quire divisions and foliation are considered in combination with relevant textual evidence, such as manuscript references to historical events and any allusions to Ms.

Hugo Grotius – Wikipedia

The present jjre is partly based on a new transcription of the original sources. Yet any person who justly takes up arms has a right to collect indemnity for juure losses and expenses, regarding them as debts due to Edition: Some wars are just for Christians, against Christians, from the standpoint of all law.

It was this concept that the ancients h had in mind when they called Edition: Piracy was nothing new in Asian waters, of course. Seneca f has said: First Formal Exposition of Articles II and III As for a certain fanciful belief entertained by some persons—namely, that warfare was formerly permissible but has become illicit since Christ propounded His teachings, or at least that this is the case as regards wars among Christians—that supposition might be viewed with tolerance if it were interpreted as meaning that there always exists in any war, on one side or the other, some guilt unworthy of the name of Christian; but in the present instance, when the said persons maintain that both sides are necessarily committing a sin, their contention is the height of absurdity.

In these circumstances, one must weigh, not the merits of persons, but the value of the things or the force of the actions involved. Upon approaching the task indicated, Divisions [of the discussion] however, I find myself involved in an extremely complex debate: