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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The collection was based on a donation from Martinus Nijhoff of 55 editions of De jure belli ac pacis libri tres.

De Jure Praedae | work by Grotius |

This has been left unchanged. For if all persons conduct themselves aright, it necessarily follows that no one will suffer wrongfully. Democritus a gives us this advice: Love, then, is twofold: But if I am not able to regain the actual piece of property involved, then that unjust possessor is nevertheless my debtor to the extent of the value of the said property.

Nor is there even any pretext for objecting to these just wars. I Accordingly, in order to understand how seizure of spoils is agreeable to the Divine Will as revealed through laws, one must realize that such seizure is made up of two elements, namely, deprivation of previous possession, and acquisition of new ownership.

As a matter of fact, the most illustrious legislators have devoted a chief part of their labours to the task of decreeing rewards for the brave and punishments for the cowardly.

For example, in the treaty between the Gauls and Hannibal, it was provided that, if the Gauls accused a Carthaginian, the case should be tried by the Carthaginians; whereas, if Edition: For no one should be compelled to throw away his own property. Federal Court of Australia.


Hugo Grotius

Nevertheless, anyone who pauses to reflect, more carefully, that all laws are equally to be observed as soon as such general observance becomes possible, will readily perceive that a just distinction should be drawn in this connexion. Is any war just? Treaties between friendly nations, too, are usually drawn up in accordance with this principle.

Living in the times of the Eighty Years’ War between Spain and the Netherlands and the Thirty Years’ War between Catholic and Protestant European nations Catholic France being in the otherwise Protestant campit is not surprising that Grotius was deeply concerned with matters of conflicts between nations and religions. Informal proofs relative to whole question, based on recorded opinion Again, since it is rightly maintained that those things are just and pious which have been so adjudged by just and pious men not to mention the entire number of the philosophers, or the jurisconsults, none of whom has expressed any doubt on this pointI shall quote a very few of the opinions formulated by persons highly esteemed for their piety and erudition.

He was also friends with the Flemish Jesuit Andreas Schottus. Grotius had no intention of producing an objective historical account.

Consequently, Horace c should not be censured for Edition: The company prospered through most…. The true way, then, prraedae been prepared for us by those jurists a of antiquity whose names we revere, and who repeatedly refer the art of civil government back to the very fount of nature.

This approach has yielded unforeseen results. He publishes widely on early-modern political thought and the history of social and political concepts. Accordingly, even though the precepts of nature permitted every individual to pronounce judgement for himself and of himself, it is clear that all nations deemed it necessary to institute some orderly judicial system, and that praede citizens gave general consent to this project. The first half of the manuscript contains the introduction, followed by nine chapters of legal principles, the so-called Dogmatica de Jure Praedae.


Commentary on the Law of Prize and Booty – Online Library of Liberty

Property, Piracy and Punishment: The attainment of these two objectives leads to a third: Certainly their authority should carry little weight in cases relating to public law or to the law of nations; especially in view of the fact that the opposite opinion does not lack adherents, even among the Spaniards, e a race by no means to be despised in the field of jurisprudence. Accordingly, those persons who are praedas with the management of Edition: Is any war just for Christians, against Christians, from the standpoint of all law?

Williams published in by the Carnegie Endowment for International Peace.

It was this law that Simonides had in mind when he proposed the following definition of justice: For all things in nature, as Cicero repeatedly insists, are tenderly regardful of self, and seek their own happiness and security.

The authors of a deed, however, and their allies, act of their own force the former, to be sure, on their own behalf, and the latter on behalf prsedae another ; instruments, on the other hand, act by the force of him who wields them, not by their own force.

All things salutary to the commonwealth are to be regarded as legitimate and just. Just as the mathematicians jurr 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: