Nooreign

governance · 1625 – 1646

On the Law of War and Peace

Hugo Grotius insists that even if there were no shared law between nations, the law of war and peace would still hold — war is not a natural necessity but a choice, and a choice is judged. The move is the invention of the secular moral law of nations, which is precisely the step needed when the actors holding power are states and no common court exists above them.

“Even if we should concede that there is no common law binding nations together, still there would be the law of nature and of nations. (paraphrase of De jure belli ac pacis, Prolegomena and I.ii)”
— Hugo Grotius, De jure belli ac pacis (1625)

Advances

  • The law of nations separated from any single confession or polity
  • Lawfulness as a claim on sovereigns, not only between them
  • The rules of war separated from the theology of just war

Landmarks

  1. 1609 CE

    Mare Liberum

    Argues for the freedom of the Dutch East India Company at sea; written in prison.

  2. 1625 CE

    De jure belli ac pacis

    Published while Grotius was escaping imprisonment under sentence of death.

Who was arguing

    Alignment stack at 1646 CE (0 of 20 techniques)

      Techniques introduced in this era: