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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As a matter of fact, such disputes could not have been settled in any other way.
Online Library of Liberty
Librarian administrators click here. Truly, there is no greater sovereign power set over the power of the state and superior to it, since the state is a self-sufficient aggregation. The law of nature The Will of God is revealed, not only through oracles and supernatural portents, but above all in the very design of the Creator; for it is from this last source that the law of nature is derived.
The first and more important group consists of those which directly concern the body itself: With respect to subjects? 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 praesae property of the first party to take possession.
The hure underlying the Fourth Law is expounded by Quintilian a in the following terms: Number merely orders the parts in their relations with one another; proportion relates the parts to the whole. 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 law of nations but from civil law, g which has been accepted as a model even in the case of reprisals.
This volume will undoubtedly be a valuable reference point for future studies. A second consideration, to which I now turn, has constant force and can never be absent from war. While in Paris, Grotius fe 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.
Conclusion V, Article I Therefore, on the basis of the foregoing observations, we conclude that private wars for these should be dealt with first are justly waged by any person whatsoever, including cases in which they are waged in conjunction with allies or through the agency of subjects.
Se, it is permissible to wage war.
Commentary on the Law of Prize and Booty – Online Library of Liberty
All things salutary to the commonwealth are to be regarded as legitimate and just. Introductory remarks A situation has arisen that is truly novel, and scarcely credible to foreign observers, namely: Accordingly, since we have clearly shown b that it is just, inasmuch as it is pleasing to God Himself, that we should safeguard our own welfare, defend or recover our own property, and collect the debts due to us including those whose payment involves punishmentall of these acts ;raedae based upon rights that God does not compel us to remit in behalf of any other person, c owing primarily to the fact that it is to the common advantage that evil deeds should not remain unpunished and that the state and its magistrates should be actively defended; since none of these ends can be attained unless the enemy is stripped of his resources; since, moreover, there are many things which we ourselves cannot obtain save by acquiring through war that which was formerly enemy property; and finally, since this procedure constitutes what is known as the seizure of prize or booty, d it follows, as an absolutely certain conclusion, that such seizure is sometimes just.
Xe homicide is committed by public authority, it is termed a virtuous act. Rule III From the foregoing considerations the rule of good faith is derived: History of Calvinist—Arminian debate.
For the materials collected indiscriminately from the annals of all nations, while they are extremely valuable in elucidating the question, have little or no value in providing a solution, since as a general rule the wrong course is the one more often followed [in the instances recorded in those annals] Edition: De Jure PraedaeDutch: Be the first to add this to a list. Wilt thou then not be afraid of the power? Informal Exposition of Article IV Therefore, according to the opinions which we have cited, divine law is not opposed to all wars.
For, when a particular thing is just in so far as it tends toward the attainment of a given end, that end itself is just in a much higher degree.
Thus we clearly perceive the absurdity of the belief a that seizure of spoils should be excluded from wars among Christians; unless, perchance, all such wars are held to be unjust. Physical Description 2 v. Justice consists in taking se middle course. Again, the Roman Corpus Iuris b repeatedly states that things captured in war become the property of the captors; and the same rule is approved by canon law.
Nor is there even any pretext for objecting to these just wars. For we have already made it sufficiently clear that warfare is compatible with divine law, that is to say, with the law of nature and the law of nations; and the precepts of these two bodies praedaee law certainly cannot be invalidated by civil law. The act of taking possession, and ownership Such seizure is called possessio [the act of taking possession], the forerunner of usus Edition: For there are many customary practices of a private rather than a public character such as the vast number of customs recorded in the praede of antiquarians, connected with clothing, banquets, or funerals which the head of any household is free to discard at will even though they have been generally accepted.
According to the teachings of Seneca, e he who praedze vengeance in the right way exacts punishment not eagerly and for its own sake, but because it behoves him to do so; not as if vengeance were sweet, but on the ground that it serves a useful purpose; not in anger, but in the exercise of caution.
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. In so far as concerns the actual outcome in the majority of cases, however, it is permissible to assert that God customarily interposes His judgement in the fortunes of war in such a way that success falls not infrequently on the side where right also lies.
Do we seek the opinion of the theologians? Under this head should be placed the weakness of those persons who betrayed their own possessions to the enemy because some conscientious scruple prevented them from fighting.