Hugo Grotius

This book considers the background to the treatises, their content and significance, and what Grotius actually knew about Southeast Asian polities or Portuguese institutions of trade and diplomacy when he wrote them. --

The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583-1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

Drawing on the development of 'Grotian' scholarship in international legal and political thought, this book seeks to ascertain precisely what the term has meant, both historically and as it is employed in contemporary scholarship.

The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 'Mare Liberum'. "The Free Sea" was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, "De Jure Praedae" ('On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod. Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. -- Back cover.

While the works of Hugo Grotius (1583-1645) have long been held in high esteem by international lawyers, this book addresses the broader, and neglected, theme of his contribution to the theoretical and practical aspects of international relations. It critically reappraises Grotius' thought, examining it in relation to his predecessors and in the context of the wars and controversies of his time, and assesses the strengths and weaknesses of the `Grotian' tradition of thought - one which accepts the sovereignty of states but at the same time stresses the existence of shared values and the necessity of rules.

The author spent a great deal of time researching the life of Grotius leading up to this publication, which is one of only a few books written about Grotius in English.

Intended for the professional academic and graduate student, this book is the first to utilize the methodology of “New Stream” legal scholarship in an extended critical “exegesis” of Hugo Grotius’ De Indis (c.1604-6). De Indis is predicated upon a two-fold discursive strategy: (i) investing “private” Trading Companies with “public” international legal personality, and (ii) collapsing the distinction between “private” and “public” warfare. Governing the operation of textual interpretation is De Indis’ status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a “primitive” system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of De Indis consists of a discursive “micro-oscillation” between the “thick” ontology of Late Scholasticism (“Utopia”) and the “thin” ontology of Civic Humanism (“Apology”) wholly appropriate to the governance requirements of the embryonic Modern World-System.

Human rights are thought to guarantee pluralism by protecting individual liberty from imposed religious conceptions of virtue. Yet critics often argue that this secular focus on merely avoiding violations can also enable unfettered individualism and undermine appeals to the common good. This book uncovers in secular rights pioneer Hugo Grotius a rights theory that points toward the enlargement of individual responsibility. It grounds this connection in Grotius’ unexplored theological corpus, which reveals a dual metaethics and jurisprudence. Here a deontological natural law undergirds a secular theory of rights that is self-aware of its own limitations. A teleological practical reason then guides the exercise of these rights, so as not to compromise the political order that defends them. The book then illustrates this symbiosis of rights and responsibilities in five areas: consent theories of government, rights of rebellion, criminal punishment, war and international responsibility, and Atonement theology. This reassesses Grotius’ legacy as a secularist opponent of classical political thought, and suggests that modern liberalism and universal human rights are compatible with a world of resurgent religion.