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Hugo Grotius (International Law)

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  1. Introduction
  2.  
  3. Hugo de Groot (b. 1583–d. 1645), more commonly known today as Hugo Grotius, was a prominent intellectual figure in the 17th century and wrote prolifically on topics related to history, law, philology, politics, and theology and within fictional genres (e.g., poetry). In international legal and international-relations literature, scholars commonly invoke Grotius as a symbolic marker of changing historical paradigms or styles of governance. His fictional work was largely confined to the 17th century, his theological texts were prevalent in the 17th and 18th centuries, and his legal-political texts have been confronted widely since the 17th century until the early 21st century in various mediums. In particular, detailed biographical work on Grotius emerged most prominently in the early 20th century (with some precursors) and underwent a revival in the late 20th and early 21st centuries, with scholars providing increasingly detailed archival analysis of his life and writings in relation to surrounding dynamics. Politico-legal themes in Grotius’s work are perhaps the most regularly addressed and in the 20th century (among post–World War I international-law scholars and post-1970s English school of international-relations scholars) have largely revolved around the topic of warfare, especially regarding the role of law and the emancipatory potential of the legal-political policymaker balancing competing diverse interests. Since the 1980s, Grotius has increasingly factored into interdisciplinary debates concerning the historical dynamics that marked the transition into the early modern European world order, usually indebted to the Cambridge school of intellectual history. This last stream of scholarship tends to focus on identifying and calibrating the predominant normative traditions that influenced his work (e.g., varieties of Scholastic and humanist thought), and weighing the extent that his work broke new ground in what commonly is referenced as the modern natural-law tradition. The literature on Grotius is located primarily in academic edited volumes, journals, and monographs and is increasingly attuned to the rich archival materials, complicated intellectual lineages, and dense economic, political, and social dynamics that shaped his lifetime.
  4.  
  5. Bibliographies
  6.  
  7. Though significant portions of Grotius’s correspondence and writing are lost (or discovered only hundreds of years after his death), more than 120 publications in more than 1300 editions and 7800 letters produced by Grotius during his lifetime are still preserved, primarily in libraries located around The Hague (Peace Palace, Royal Library), Leiden (the University Library), and Amsterdam (the Library of the University of Amsterdam). The journal Grotiana is a particularly valuable repository of literature concerning Grotius and maintains an ongoing bibliography. Nellen 2015 offers perhaps the most comprehensive list of available archives, printed and reference works, and secondary works related to Grotius. Ter Meulen and Diermanse 1950 classifies a broad selection of bibliographic material according to nine themes within Grotius’s publications. Eyffinger 1983 provides a comprehensive guide to the works by Grotius held at the Peace Palace. Haggenmacher 1983 is widely felt to be one of the most useful bibliographies that extends beyond Grotius to texts that influenced his work from a variety of intellectual traditions (e.g., Spanish Scholastics). Bull, et al. 1990 includes a useful list of periodicals that contain germane articles concerning Grotius, as well as a selective bibliography. Other useful if partial bibliographies are available in van Holk 1983 and Jeffery 2006. The most extensive bibliography focused particularly on Grotius from a theological perspective may be found in Nellen and Rabbie 1994.
  8.  
  9. Bull, Hedley, Benedict Kingsbury, and Adam Roberts, eds. Hugo Grotius and International Relations. Oxford: Clarendon, 1990.
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  11. An introductory guide of works covering a variety of historical and politico-legal themes in relation to Grotius, organized around periodicals, main editions of work by Grotius, bibliographical lists, and secondary literature divided between books and articles. Reprinted as recently as 2002.
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  13. Eyffinger, Arthur C., ed. The Grotius Collection at the Peace Palace: A Concise Catalogue. The Hague: Peace Palace Library, 1983.
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  15. A useful guide into the Grotius collection at the Peace Palace Library, focusing on Grotius’s manuscripts organized in relation to the bibliography assembled in ter Meulen and Diermanse 1950.
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  17. Grotiana.
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  19. Issues dedicated to providing a relatively comprehensive ongoing bibliography of interdisciplinary scholarship engaging Grotius’s life and writings.
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  21. Haggenmacher, Peter. Grotius et la doctrine de la guerre juste. Publications de l’Institut Universitaire de Hautes Études Internationales, Genève. Paris: Presses Universitaires de France, 1983.
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  23. Provides an extensive bibliography of texts that immediately predated and followed Grotius’s writing, with particular emphasis on Scholastic writings engaging the theme of just war.
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  25. Jeffery, Renée. Hugo Grotius in International Thought. Palgrave Macmillan Series on the History of International Thought. New York: Palgrave Macmillan, 2006.
  26. DOI: 10.1057/9781403983510Save Citation »Export Citation »E-mail Citation »
  27. Offering a selective but useful bibliography of mostly secondary works, especially related to publications within Grotiana, concerning a variety of interdisciplinary inquiries into the context of Grotius’s texts.
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  29. Nellen, Henk J. M. Hugo Grotius: A Lifelong Struggle for Peace in Church and State, 1583–1645. Translated by J. C. Grayson. Leiden, The Netherlands: Brill, 2015.
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  31. An explanation of the libraries that house Grotius’s archival materials and literature; provides a broad compilation of his correspondence and literature, as well as some secondary materials.
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  33. Nellen, Henk J. M., and Edwin Rabbie, eds. Hugo Grotius, Theologian: Essays in Honour of G. H. M. Posthumus Meyjes. Studies in the History of Christian Thought 55. Leiden, The Netherlands: Brill, 1994.
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  35. Includes a concise overview of primary and secondary literature in a variety of mediums that engage Grotius’s theological writing.
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  37. ter Meulen, Jacob, and P. J. J. Diermanse. Bibliographie des écrits imprimés de Hugo Grotius. The Hague: Martinus Nijhoff, 1950.
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  39. A dated but still-useful list of primary texts by Grotius, which number approximately 120 publications in more than 1300 editions.
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  41. van Holk, L. E. “Selective Bibliography of Books on the Life and Legal Writings of Grotius.” In Grotius Reader: A Reader for Students of International Law and Legal History. Edited by L. E. van Holk and C. G. Roelofsen, 45–54. The Hague: T. M. C. Asser Instituut, 1983.
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  43. A relatively conventional and concise list of secondary articles and books on the life and writings of Grotius, primarily useful for introductory readings into scholarly treatment of Grotius and largely missing the historical debates that emerged in the mid- to late 1980s.
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  45. Collected Works
  46.  
  47. Since the early 1980s, there has been a modest but steady literature within international law, international relations, and political theory dedicated to analyzing the context of Grotius’s lifetime and writing. The journal Grotiana publishes articles in several languages on all aspects of Grotius’s thought and legacy. Within the international-relations discipline, Bull, et al. 1990 represents one of the most commonly referenced collections, with a couple of seminal chapters in relation to the 20th-century legacy of Grotius. Dunn and Harris 1997 brings together an expansive collection of 20th-century interdisciplinary scholarship; in this spirit, but slightly more modest in scope, see Dupuy and Chetail 2013 and May and McGill 2014. Difficult to find but occasionally cited, T. M. C. Asser Instituut 1985 brings together scholarly contributions to honor the Grotius legacy on the 400th anniversary of his birth (incidentally, in 1583 on an Easter Sunday). Blom and Winkel 2004 highlights the complex Stoic traditions that influenced Grotius’s publications. Nellen and Rabbie 1994 comprises chapters analyzing the relationship between Grotius and theological lineages. Blom 2009 and Onuma 1993 address the work and reception of Grotius in relation to warfare. For an anthology that regularly engages Grotius but predominantly addresses his reception among later modern natural-law intellectuals, see Haakonssen 1999.
  48.  
  49. Blom, Hans W., ed. Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae; Concepts and Contexts. Papers presented at a conference held in June 2005 at the Netherlands Institute for Advanced Study in the Humanities and Social Sciences, Wassenaar, The Netherlands. Leiden, The Netherlands: Brill, 2009.
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  51. Brings together sixteen essays written against mainstream interpretations of Grotius’s De iure praedae, by offering close readings of the text against the backdrop of his available intellectual sources, personal and political circumstances, and the various occupational roles that framed his literary motivations, with a particular emphasis on his contribution to the literary tradition of natural law.
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  53. Blom, Hans W., and Laurens C. Winkel, eds. Grotius and the Stoa. Papers presented at a conference held 4–5 April 2001 in Gorinchem, The Netherlands. Assen, The Netherlands: Royal Van Gorcum, 2004.
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  55. Including an introduction and twelve chapters, the volume competently examines the complexities of Stoicism in the Early Modern period and how they were engaged by Grotius.
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  57. Bull, Hedley, Benedict Kingsbury, and Adam Roberts, eds. Hugo Grotius and International Relations. Oxford: Clarendon, 1990.
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  59. One of the most popularly referenced anthologies of original chapters written on Grotius; operates as an introduction to a variety of themes, especially related to historically contextualizing his writings on war and assessing the continued relevance of his legacy to advance an international legal sociability to antagonist nation-state interests. Reprinted as recently as 2002.
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  61. Dunn, John, and Ian Harris, eds. Grotius. 2 vols. Great Political Thinkers 7. Cheltenham, UK: Edward Elgar, 1997.
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  63. A useful, if slightly dated, set of thirty-nine articles dating between 1925 and 1991 that consider Grotius in relation to the post-medieval state and natural rights and that place his work in context of his biography and the intellectual reception of his ideas.
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  65. Dupuy, Pierre-Marie, and Vincent Chetail, eds. The Roots of International Law / Les fondements du droit international. Legal History Library 11.5. Leiden, The Netherlands: Brill, 2013.
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  67. Beginning an analysis of the intellectual vocabularies and practices that composed the foundations of the international legal system, with a set of essays by leading international legal historians concerning Grotius’s influences and impact, addressing themes such as the Scholastic tradition and theological and humanistic tendencies.
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  69. Grotiana.
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  71. With the stated objective of advancing scholarship in furtherance of the Grotian tradition, the journal provides a rich array of scholarship over more than thirty-five volumes concerning Grotius’s writing in historical context, with an emphasis on how his work and its reception carries relevance in modern governance.
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  73. Haakonssen, Knud, ed. Grotius, Pufendorf, and Modern Natural Law. International Library of Critical Essays in the History of Philosophy. Brookfield, VT: Dartmouth, 1999.
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  75. Brings together historians of political thought to investigate disagreements over the philosophical basis for modern natural law, by authors spanning a timeline between Grotius and Immanuel Kant; four chapters are dedicated specifically to themes within Grotius’s work and its reception within this tradition.
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  77. May, Larry, and Emily McGill, eds. Grotius and Law. Philosophers and Law. Burlington, VT: Ashgate, 2014.
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  79. A modest but useful collection of articles that span scholarship in the 20th century, addressing a variety of themes concerning Grotius, including the role of international law regulating warfare, property rights, natural law, sociability, and his place within the history of legal and political thought.
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  81. Nellen, Henk J. M., and Edwin Rabbie, eds. Hugo Grotius, Theologian: Essays in Honour of G. H. M. Posthumus Meyjes. Studies in the History of Christian Thought 55. Leiden, The Netherlands: Brill, 1994.
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  83. Provides an archival analysis of Grotius’s texts and his written excerpts and notations on original manuscripts in order to better understand his theological arguments, tracing how they have influenced and been engaged by theological scholarship throughout the modern period.
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  85. Onuma, Yasuaki, ed. A Normative Approach to War: Peace, War, and Justice in Hugo Grotius. New York: Oxford University Press, 1993.
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  87. Conscious of how scholarship tends toward Eurocentric state modes of historiography, the collection contextualizes Grotius’s De jure belli ac pacis in the political conflicts of his time and, highlighting his pragmatic attitude toward regulating warfare, contemplates the extent his writing can be adapted to modern practice and theory.
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  89. T. M. C. Asser Instituut. International Law and the Grotian Heritage: A Commemorative Colloquium Held at The Hague on 8 April 1983 on the Occasion of the Fourth Century of the Birth of Hugo Grotius. The Hague: T. M. C. Asser Instituut, 1985.
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  91. The collection is difficult to locate online and is held at relatively few libraries, but its chapters are occasionally cited by authors who tend to adopt an uncritical perspective focusing on the possible utility of Grotius to modern international legal practice and theory.
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  93. Representative Primary Texts
  94.  
  95. Grotius published more than sixty book-length works (and more than 120 publications) over the course of his life, engaging a variety of genres and themes—perhaps most prominently, history, law and politics, and theology. In at least the 20th century, international-law and international-relations scholars focused on two texts: Commentary on the Law of Prize and Booty (Grotius 2006), especially its chapter “The Free Sea” (1609; Grotius 2004)—the larger work was discovered only in 1864, and On the Law of War and Peace (1625; Grotius 1925), particularly the “Prolegomena”. Up until the 19th century, however, Grotius’s most widely published work remained The Truth of the Christian Religion (1627; Grotius 1829), which itself was one of his many theological texts, many of which (e.g., his annotations on the Old and New Testaments) were compiled together after his death in Opera omnia theologica (1647; Grotius 1679). Also published posthumously, De imperio summarum potestatum circa sacra (1647; Grotius 2001) represents perhaps his most humanistic and juridical engagement with the question of church and state. Occasionally commissioned to write histories that would today be viewed as political apologies, Grotius’s most extensive study into the history of the Netherlands is Annales et historiae de Rebus Belgicis (Grotius 1657). Though more in-depth investigations exist concerning specific texts by Grotius, Nellen 2015 is the most sweeping study (to date) contextualizing the majority of Grotius’s publications.
  96.  
  97. Grotius, Hugo. Annales et historiae de Rebus Belgicis. Amsterdam: Johannis Blaeu, 1657.
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  99. Modeled on the style of the Roman historian Tacitus, Grotius finished the majority of the text by 1612 after a commission from the State of Holland to offer an apology for the United Provinces’ revolt against Spain. Published posthumously.
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  101. Grotius, Hugo. Opera omnia theologica. 4 vols. Translated by Johannis Blaeu. Amsterdam: Londini, 1679.
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  103. A compilation including many of Grotius’s theological texts, including his annotations on the Old and New Testaments, published after his death. There is still no English edition, and the volumes are relatively difficult to acquire.
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  105. Grotius, Hugo. The Truth of the Christian Religion: In Six Books. Translated by John Clarke. London: William Baynes, 1829.
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  107. Originally composed as a poem while he was in prison, this was Grotius’s most published work until the 19th century. It was simultaneously an appeal for an ecumenical Christianity written to humanists, and a tool for sailors and traders to proselytize to non-Christians abroad, though containing strongly worded arguments about the corruption of Islam and Judaism.
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  109. Grotius, Hugo. On the Law of War and Peace. Vol. 2. Edited by James Brown Scott. Translated by Francis W. Kelsey. Oxford: Clarendon, 1925.
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  111. Written between 1622 and 1625, Grotius’s synthesis of Neo-Scholastic and humanist intellectual traditions, to counter skeptics toward the legitimacy of the states within the United Provinces and the East India Company and to advance a more ecumenical Christian political climate, was originally not well received, but since it has become his most famous and regularly engaged work.
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  113. Grotius, Hugo. De jure belli ac pacis. Edited by Robert Feenstra. Aaalen, The Netherlands: Scientia Verlag, 1993.
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  115. Provides a reprint of the 1939 edition of the text, along with more than 150 pages of annotations that offer extensive supplementary information concerning Grotius’s sources and the editions used in checking the references.
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  117. Grotius, Hugo. De imperio summarum potestatum circa sacra. 2 vols. Edited and translated with commentary by Harm-Jan van Dam. Studies of the History of Christian Thought 102. Leiden, The Netherlands: Brill, 2001.
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  119. Translates as “The power of the highest authorities in religious matters.” One of the central texts that set orthodox Calvinists against Grotius and devalued his capital in diplomacy, demonstrating his anxiety about civil unrest and the importance of governmental authority over religious institutions.
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  121. Grotius, Hugo. The Free Sea. Edited by David Armitage. Translated by Richard Haklyut. Natural Law and Enlightenment Classics. Indianapolis, IN: Liberty Fund, 2004.
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  123. Considered the definitive translation of the twelfth chapter from De iure praedae, the text originally was published anonymously as a booklet written for an international audience to justify the aggressive navigation, trade, and warfare of the East India Company (and the United Provinces).
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  125. Grotius, Hugo. Commentary on the Law of Prize and Booty: Major Legal and Political Works of Hugo Grotius. 2 vols. Edited by Martine Julia van Ittersum. Translated by Gwladys L. Williams. Natural Law and Enlightenment Classics. Indianapolis, IN: Liberty Fund, 2006.
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  127. Commissioned by the Amsterdam Chamber of the East India Company in 1604 (shortly before Grotius was appointed historiographer), and written by 1606, contained the plea for the company’s right to seize property on the high seas, which would meet objections by Mennonite shareholders and Portuguese and Spanish politico-legal challenges.
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  129. Nellen, Henk J. M. Hugo Grotius: A Lifelong Struggle for Peace in Church and State, 1583–1645. Translated by J. C. Grayson. Leiden, The Netherlands: Brill, 2015.
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  131. Perhaps the most extensive study of a broad number of Grotius’s texts placed in his specific personal (e.g., family and friends), professional, and political contexts.
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  133. Biographies
  134.  
  135. Grotius liked to boast of his ancestry, an influential family of patricians from Delft, The Netherlands, and he published a concise autobiography available in Grotius 1613. Biographies from the 18th to mid-20th centuries, such as Burigny 1754, Butler 1826, and Knight 1925, tend to adopt celebratory descriptions of Grotius, though they often follow the familiar pattern of modern biographies to classify his life according to childhood, early political years until imprisonment, exile in France, and his time as Swedish ambassador until his death. Haggenmacher 2012 provides a very brief profile of his writing and lifetime, which are increasingly common in collected works and online entries concerning Grotius. Jeffery 2006 offers a concise narrative of Grotius’s life, followed by analysis of his work and its reception in historical context, and O’Donovan and O’Donovan 1999 shares a similar overview but then includes short passages from some of his key texts. In the early 21st century, other scholars, such as in Borschberg 2011 and van Ittersum 2006, have followed this pattern to situate Grotius’s work in close historical readings concerning the political context of his life, usually providing extensive investigations that focus in on specific aspects of his timeline. The most comprehensive biography of Grotius, though largely neglecting economic dynamics, is found in Nellen 2015.
  136.  
  137. Borschberg, Peter. Hugo Grotius, the Portuguese and Free Trade in the East Indies. Singapore: National University of Singapore Press, 2011.
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  139. Contextualizes Grotius’s seminal texts concerning governance in sea trade, through a rich analysis of archival materials and secondary historical scholarship that explain the situation of the United Dutch East India Company, the treaties and trade relationships in the East Indies, and the intellectual and military conflicts with the Portuguese and Spanish.
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  141. Burigny, Jean Lévesque de. The Life of the Truly Eminent and Learned Hugo Grotius: Containing a Copious and Circumstantial History of the Several Important and Honourable Negotiations in Which He was Employed; Together with a Critical Account of His Works; Written Originally in French. London: A. Millar, 1754.
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  143. Another example of pre-20th-century texts where, though uncritical by modern standards, provides a broad overview of Grotius organized in line with the standard periodization of his life and writing: childhood and education, his involvement in the United Dutch East India Company and the political-religious conflicts during the Twelve Years’ Truce, and his years in exile.
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  145. Butler, Charles. The Life of Hugo Grotius: With Brief Minutes of the Civil, Ecclesiastical, and Literary History of the Netherlands. London: John Murray, 1826.
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  147. Though uncritical by modern standards, provides a broad overview of Grotius organized in line with standard periodization of his life and writing: childhood and education, his involvement in the United Dutch East India Company and the political-religious conflicts during the Twelve Years’ Truce, and his years in exile.
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  149. Grotius, Hugo. Illustris academia Lugd-Batava, id est: Virorum clarissimorum icones, elogia ac vitae, qui eam scriptis suis illustrarunt. Compiled by Johannes Meursius. Leiden, The Netherlands: Andreas Cloucquius, 1613.
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  151. Difficult to acquire, the text retraces Grotius’s prestigious family pedigree two generations in a celebratory tone and signals to the burden Grotius felt to live up to his reputation as a politically relevant intellectual.
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  153. Haggenmacher, Peter. “Hugo Grotius (1583–1645).” In The Oxford Handbook of the History of International Law. Edited by Bardo Fassbender and Anne Peters, 1098–1101. Oxford Handbooks. Oxford: Oxford University Press, 2012.
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  155. Written as a profile of Grotius extending only a few pages and primarily highlighting key themes in his work, this is representative of entries on Grotius in online and encyclopedic media.
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  157. Jeffery, Renée. Hugo Grotius in International Thought. Palgrave Macmillan Series on the History of International Thought. New York: Palgrave Macmillan, 2006.
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  159. Presents a concise overview of the life and work of Grotius, examining his childhood education; his occupations as a historiographer, jurist, and theologian; and his time as a political exile.
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  161. Knight, W. S. M. The Life and Works of Hugo Grotius. Grotius Society Publications 4. London: Sweet & Maxwell, 1925.
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  163. Considered one of the classic biographies of Grotius; highlights his major political and literary work in relation to the social events surrounding his life, but lacks the context provided by more-recent scholarship.
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  165. Nellen, Henk J. M. Hugo Grotius: A Lifelong Struggle for Peace in Church and State, 1583–1645. Translated by J. C. Grayson. Leiden, The Netherlands: Brill, 2015.
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  167. The most in-depth biography to date on Grotius, drawing on his correspondence, primary texts, and secondary materials to embed his writing in his personal relationships with family, friends, and peers, and against the backdrop of broader political dynamics. Written as a microhistory, it avoids situating Grotius in larger intellectual disputes beyond his lifetime.
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  169. O’Donovan, Oliver, and Joan Lockwood O’Donovan, eds. From Irenaeus to Grotius: A Sourcebook in Christian Political Thought, 100–1625. Grand Rapids, MI: William B. Eerdmans, 1999.
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  171. Situates Grotius’s life and selected passages from key texts in the Christian tradition of political ideas stretching from the patristic age to the Early Modern period, arguing that, while utilized by rationalist thought of Thomas Hobbes and later scholars, these should be understood within an early theological dispensation.
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  173. van Ittersum, Martine Julia. Profit and Principle: Hugo Grotius, Natural Rights Theories and the Rise of Dutch Power in the East Indies, 1595–1615. Brill’s Studies in Intellectual History 139. Leiden, The Netherlands: Brill, 2006.
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  175. Focuses on the early career of Grotius to justify the United India Company’s capture of the Portuguese ship Santa Catarina, and situates his writing in the immediate economic, intellectual, and political climate of the times.
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  177. Historical Debates
  178.  
  179. Since the late 20th century, scholars from political science, international law, and international relations have sought to correct what are seen as anachronistic interpretations of Grotius’s publications with studies that contextualize the texts within nuanced readings of the intellectual traditions that surrounded his lifetime. The literature commonly focuses on Grotius’s conception of contract, property, rights, and sociability, which in turn often signals larger examinations concerning the transition from feudalism / medieval orderings of political organization and thought to the modern European (or international) system. Debates have tended to transition from whether Grotius’s publications represented a secularization of natural law to primarily address Grotius’s engagement with specific Scholastic and humanist varieties of thought—in particular, questions surrounding the depiction of ius as “objective” or “subjective”—and the extent to which he may be identified with a Westphalian or post-Westphalian international legal system. The historical turn against anachronism in these various directions has almost exclusively followed methodological preferences associated with the Cambridge school of intellectual history, largely at the expense of historical sociology or political-economic studies (with a few notable exceptions to the latter).
  180.  
  181. Humanist, Scholastic, and Other Intellectual Influences
  182.  
  183. Scholarship, especially in the history of political thought, often analyzes Grotius’s conceptualizations of contract, property, rights, sociability, truth, and warfare in relation to varieties of Scholastic and humanist intellectual traditions. Authors tend either to situate Grotius primarily in one specific tradition or, alternatively, to identify aspects of his work that fall within different lineages.
  184.  
  185. Specific Intellectual Lineage
  186.  
  187. Kingsbury and Straumann 2010, Lee 2011, Straumann 2015, and Tuck 1991 are perhaps some of the most well-known studies arguing that Grotius’s work fits predominantly within humanist origins derived from Roman and Protestant civil law. In contrast, Edwards 1981, Koskenniemi 2011, and Schneewind 1998 situate Grotius more within the Scholastic (and often, a primarily Spanish) tradition. Blom and Winkel 2004 takes up another commonly invoked theme, the Stoic tradition, and demonstrates the complexities within this lineage of thought and how it influenced Grotius’s writing.
  188.  
  189. Blom, Hans W., and Laurens C. Winkel, eds. Grotius and the Stoa. Papers presented at a conference held 4–5 April 2001 in Gorinchem, The Netherlands. Assen, The Netherlands: Royal Van Gorcum, 2004.
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  191. Through a series of chapters, demonstrates that Grotius’s work was embedded in a complex tradition of Stoic thought, which was dealt with by Scholastic and humanist scholars through a variety of arguments.
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  193. Edwards, Charles S. Hugo Grotius, the Miracle of Holland: A Study in Political and Legal Thought. Chicago: Nelson-Hall, 1981.
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  195. Presents a relatively conventional interpretation of Grotius’s literature in relation to the Scholastic tradition, focusing primarily on his key texts and key historical events to demonstrate how his work was an original synthesis helping generate modern natural-law foundations.
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  197. Kingsbury, Benedict, and Benjamin Straumann. “State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf.” In The Philosophy of International Law. Edited by Samantha Besson and John Tasioulas, 33–51. Oxford: Oxford University Press, 2010.
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  199. Draws on methodological preferences from the Cambridge school of intellectual history to compare the work of Grotius, Thomas Hobbes, and Samuel von Pufendorf in relation to themes such as sociability, and sets against natural law a background that is fundamentally immersed in a Roman law tradition.
  200. Find this resource:
  201. Koskenniemi, Martti. “The Political Theology of Trade Law: The Scholastic Contribution.” In From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma. Edited by Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder, 90–112. Oxford: Oxford University Press, 2011.
  202. Save Citation »Export Citation »E-mail Citation »
  203. While situating Grotius within the Scholastic tradition and providing a relatively conventional analysis concerning the interpretation of rights and property, the author adopts a relatively original analysis to show how the Scholastic legacy through Gabriel Vasquez to Grotius, employing the Protestant humanist legacy, instigated the conceptual origins of modern capitalism.
  204. Find this resource:
  205. Lee, Daniel. “Popular Liberty, Princely Government, and the Roman Law in Hugo Grotius’s De Jure Belli ac Pacis.” Journal of the History of Ideas 72.3 (2011): 371–392.
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  207. Follows a typical line of scholarly focus on the transition from objective to subjective rights in Grotius’s literature but provides a helpful explanation of this argument and explains the Roman civil law differentiation between use and ownership of property.
  208. Find this resource:
  209. Schneewind, J. B. The Invention of Autonomy: A History of Modern Moral Philosophy. Cambridge, UK: Cambridge University Press, 1998.
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  211. Positions Grotius in a longer tradition of natural moral law but demonstrates how his literature was tied to earlier Spanish Scholastic thought, especially in regard to the notion of the individual and his theological commitments.
  212. Find this resource:
  213. Straumann, Benjamin. Roman Law in the State of Nature: The Classical Foundations of Hugo Grotius’ Natural Law. Translated by Belinda Cooper. Ideas in Context 108. Cambridge, UK: Cambridge University Press, 2015.
  214. Save Citation »Export Citation »E-mail Citation »
  215. Examines Grotius’s use of particular Roman traditions related to the property law of the Digest and Ciceronian tradition concerning just war, arguing that he introduced a new doctrine of sources of law.
  216. Find this resource:
  217. Tuck, Richard. “Grotius and Selden.” In The Cambridge History of Political Thought, 1450–1700. Edited by James Henderson Burns and Mark Goldie, 499–529. Cambridge, UK: Cambridge University Press, 1991.
  218. Save Citation »Export Citation »E-mail Citation »
  219. Argues that Grotius did originate a systematic moral and political philosophy that successfully responded to the fragmenting conceptual and institutional medieval order, but that his inspiration was primarily shaped by a secular, humanistic-oriented political expediency.
  220. Find this resource:
  221. Multiple Intellectual Lineages
  222.  
  223. Brett 1997, Brett 2002, Haggenmacher 1983, Kennedy 1986, Lesaffer 2002, and Tierney 1997 suggest a more nuanced understanding of how these various intellectual traditions blended and developed, and how Grotius fit within the aftermath of the ius commune. Other scholars, such as in Macedo 2014, focus on the methodological traditions within which Grotius operated.
  224.  
  225. Brett, Annabel S. Liberty, Right, and Nature: Individual Rights in Later Scholastic Thought. Ideas in Context 44. Cambridge, UK: Cambridge University Press, 1997.
  226. Save Citation »Export Citation »E-mail Citation »
  227. While ignoring economic and political dynamics, offers the most complex investigation of the normative linguistic traditions surrounding Grotius’s work and, in the process, demonstrates the complexity of the humanist and Scholastic treatment toward concepts such as contract, property, and rights.
  228. Find this resource:
  229. Brett, Annabel S. “Natural Right and Civil Community: The Civil Philosophy of Hugo Grotius.” Historical Journal 45.1 (2002): 31–51.
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  231. Resituates debates about Grotius’s conception of rights within a Protestant humanist republicanism that melded diverse intellectual traditions usually collapsed into Roman or Scholastic thinking, to demonstrate his originality in creating a new synthesis to preserve civil order while answering Scholastic and skeptic critiques.
  232. Find this resource:
  233. Haggenmacher, Peter. Grotius et la doctrine de la guerre juste. Publications de l’Institut Universitaire de Hautes Études Internationales, Genève. Paris: Presses Universitaires de France, 1983.
  234. Save Citation »Export Citation »E-mail Citation »
  235. Against the tendencies to situate Grotius with the modern natural-law tradition or the birth of international law, one of the most erudite analyses of how Grotius synthesized existing varieties of late medieval thought concerning the regulation of warfare.
  236. Find this resource:
  237. Kennedy, David. “Primitive Legal Scholarship.” Harvard International Law Journal 27.1 (1986): 1–98.
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  239. A dense study of Grotius’s argumentative logic, separating Grotius from later scholarship without falling into the typical debates concerning the specific intellectual traditions that influenced Grotius’s thought.
  240. Find this resource:
  241. Lesaffer, Randall. “The Grotian Tradition Revisited: Change and Continuity in the History of International Law.” British Yearbook of International Law 73 (2002): 103–139.
  242. Save Citation »Export Citation »E-mail Citation »
  243. Explains a conventional description of the humanist and Scholastic influences to Grotius’s work but places his literature within the historical context of the demise of the ius commune and the struggle for intellectual and political legitimacy.
  244. Find this resource:
  245. Macedo, Paulo Emílio Vauthier Borges de. “Method in Early International Law.” Western Australian Jurist 5 (2014): 177–196.
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  247. Completely avoids debates about the humanist and Scholastic influences in Grotius’s literature to introduce the methodological traditions that influenced him, in particular the distinctions between mathematic and geometric thinking and the mos italicus and mos gallicus approaches to developing arguments.
  248. Find this resource:
  249. Tierney, Brian. The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law, 1150–1625. Emory University Studies in Law and Religion 5. Atlanta: Scholars, 1997.
  250. Save Citation »Export Citation »E-mail Citation »
  251. Traces how the 12th century was a renaissance in medieval Europe that brought together canon law and other intellectual traditions, synthesized in the period between the late Scholastics and Grotius, to drive modern rights-based theories of law and politics.
  252. Find this resource:
  253. Modern Natural Law
  254.  
  255. Most modern scholarship resists the widespread 19th- and early-20th-century tendency to describe Grotius as the “father of international law”; however, as described in Jeffery 2006, Grotius is often portrayed as the pioneer of the modern natural-law tradition. Buckle 1991, Haakonssen 1996, and Haakonssen 1999 present a linear progression of thought concerning property and human sociability that begins with Grotius and continues to the Scottish Enlightenment. Salter 2001 and Araujo 2009 interrogate the extent that Grotius’s conception of property signals the emergence of a new way of thinking about contract, property, and individual rights. Highlighting the crossovers in historically oriented scholarship (e.g., interest in studying the meaning of the same words within linguistic normative traditions), Tierney 2014 embeds Grotius within a tradition dating back to 12th-century canon law to argue for a longer view of the natural-rights tradition that extends to the beginning of the 19th century. Haggenmacher 1983, Kennedy 1986 and other studies, situating Grotius in older medieval traditions, argue that his work represents a culmination of politico-legal thought that cannot be transported into Westphalian or post-Westphalian systems.
  256.  
  257. Araujo, Marcelo de. “Hugo Grotius, Contractualism, and the Concept of Private Property: An Institutionalist Interpretation.” History of Philosophy Quarterly 26.4 (2009): 353–371.
  258. Save Citation »Export Citation »E-mail Citation »
  259. Focuses on concepts of contract and private property in Grotius’s texts to argue that his transition from use right to property right paved the way for secular comprehension of normative ideas and a theory of human institutions.
  260. Find this resource:
  261. Buckle, Stephen. Natural Law and the Theory of Property: Grotius to Hume. New York: Oxford University Press, 1991.
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  263. Focuses on Grotius’s theories on property, slavery, and sociability in relation to Pufendorf’s work and continues through Locke and Scottish moral philosophers as a coherent modern natural-law tradition.
  264. Find this resource:
  265. Haakonssen, Knud. Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment. Cambridge, UK: Cambridge University Press, 1996.
  266. DOI: 10.1017/CBO9781139172905Save Citation »Export Citation »E-mail Citation »
  267. A unified collection of essays seeking to demonstrate that 18th-century moral philosophy, especially in relation to Scottish Enlightenment authors and the tensions between rights/duties and history/morality, was heavily influenced by Protestant natural-law theories originating with Grotius though was dealt with only cursorily as part of the much-larger analysis.
  268. Find this resource:
  269. Haakonssen, Knud, ed. Grotius, Pufendorf, and Modern Natural Law. International Library of Critical Essays in the History of Philosophy. Brookfield, VT: Dartmouth, 1999.
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  271. Brings together historians of political thought, spanning a timeline between Grotius and Immanuel Kant, to investigate disagreements over the philosophical basis for modern natural law, with four chapters dedicated specifically to themes within Grotius’s work and its reception within this tradition.
  272. Find this resource:
  273. Haggenmacher, Peter. Grotius et la doctrine de la guerre juste. Publications de l’Institut Universitaire de Hautes Études Internationales, Genève. Paris: Presses Universitaires de France, 1983.
  274. Save Citation »Export Citation »E-mail Citation »
  275. Provides a close study of Grotius’s writing in relation to late medieval Scholastic thinking to argue that his writing represented the most complete synthesis of Scholastic just-war theory and should not be interpreted as part of an early modern international law.
  276. Find this resource:
  277. Jeffery, Renée. Hugo Grotius in International Thought. Palgrave Macmillan Series on the History of International Thought. New York: Palgrave Macmillan, 2006.
  278. DOI: 10.1057/9781403983510Save Citation »Export Citation »E-mail Citation »
  279. Describes Grotius’s reception by 17th- to early-19th-century natural-law thinkers, including Hobbes, Pufendorf, Gottfried Wilhelm von Leibniz, Jean Barbeyrac, John Austin, James Kent, and Henry Wheaton, and how certain aspects of this legacy were picked up by 20th-century international lawyers and international-relations scholars.
  280. Find this resource:
  281. Kennedy, David. “Primitive Legal Scholarship.” Harvard International Law Journal 27.1 (1986): 1–98.
  282. Save Citation »Export Citation »E-mail Citation »
  283. Grounds his analysis on the premise that while the tone, method, and doctrinal arguments of texts may address similar-looking problems, they often employ different methodological preoccupations and sensibilities to constitute (despite disagreements) a common lexicon, and thus, that late medieval Scholastic and humanist scholarship cannot be closely tied to later European state-oriented traditions.
  284. Find this resource:
  285. Salter, John. “Hugo Grotius: Property and Consent.” Political Theory 29.4 (2001): 537–555.
  286. DOI: 10.1177/0090591701029004004Save Citation »Export Citation »E-mail Citation »
  287. Focuses on Grotius’s treatment of private property and contractual agreements, tying it to earlier thinking concerning the concept of necessity and demonstrating how Pufendorf’s subsequent writing did not actually repudiate Grotius’s influence on the natural-law tradition.
  288. Find this resource:
  289. Tierney, Brian. Liberty and Law: The Idea of Permissive Natural Law, 1100–1800. Studies in Medieval and Early Modern Canon Law 12. Washington, DC: Catholic University of America Press, 2014.
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  291. Follows the thematic distinction between perceptive and permissive law from 12th- to 18th-century natural-law theories; traces various strands of canon law, Roman law, and other intellectual traditions to argue that Francisco Suarez and Grotius systematized the traditions that would be engaged by jurists and political theorists over the following centuries.
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  293. Christianity and Secularism
  294.  
  295. Grotius’s life and writings were inescapably wrapped up in theological disputes, which often carried significant political implications in the Netherlands, the emerging European state system, and the intellectual traditions associated with the ius commune. Around the early to mid-20th century, it became relatively common among legal scholars, such as in Kunz 1961, Nussbaum 1947, and Pound 1925, to argue that Grotius “secularized” natural-law thought, whereby governance either maintained principles of morality without parochial religious foundations or laid the basis for scientific organization of legal orders. Other scholars, such as in Janis 1999, Tierney 2014 (cited under Modern Natural Law), Schneewind 1998, and Stumpf 2006, have sought to demonstrate that Grotius’s work not only was imbued with a theological character but expressed a spirit of liberalism or moderation that remains relevant or should be retrieved in modern political thought (see also Warfare and Sociability). Heering 2004 and Nellen and Rabbie 1994 provide in-depth reading of Grotius within theological traditions. In contrast, scholars such as Richard Tuck (Tuck 1999) have argued that Grotius’s engagement with religious themes and vocabularies was a strategic necessity to advance partisan politics rather than the expression of any sincere intellectual or faith-based commitment to Christianity. Haskell 2011 provides an overview of these debates concerning this secularization thesis within Grotius’s publications.
  296.  
  297. Haskell, John D. “Hugo Grotius in the Contemporary Memory of International Law: Secularism, Liberalism, and the Politics of Restatement and Denial.” Emory International Law Review 25.1 (2011): 269–298.
  298. Save Citation »Export Citation »E-mail Citation »
  299. Maps arguments by 20th-century scholarship of Grotius as advancing a liberal or secular agenda toward global governance, providing a critical revisionist history drawing on his primary texts.
  300. Find this resource:
  301. Heering, Jan-Paul. Hugo Grotius as Apologist for the Christian Religion: A Study of His Work De veritate religionis christianae, (1640). Translated by J. C. Grayson. Studies in the History of Christian Thought 111. Leiden, The Netherlands: Brill, 2004.
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  303. The most extensive study of Grotius’s The Truth of the Christian Religion, beginning with the historical context that led to his writing the text and followed by, beyond an evaluation of the text itself, an examination of his notes and its reception during his lifetime.
  304. Find this resource:
  305. Janis, Mark W. “Religion and the Literature of International Law: Some Standard Texts.” In Religion and International Law. Edited by Mark W. Janis and Carolyn Evans, 121–143. The Hague: Martinus Nijhoff, 1999.
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  307. Points out that Grotius’s simultaneous role as jurist and theologian in the midst of religious turmoil led him to develop a liberal religious belief that would serve as a style of mediation that guides international law.
  308. Find this resource:
  309. Kunz, Josef L. “Natural-Law Thinking in the Modern Science of International Law.” American Journal of International Law 55.4 (1961): 951–958.
  310. DOI: 10.2307/2196276Save Citation »Export Citation »E-mail Citation »
  311. Offers a typical argument of the mid-20th-century international-law claim that Grotius laid the basis for a secular international law of nations, but simultaneously argues that this appeal to reason over faith is a distinctly Protestant legacy.
  312. Find this resource:
  313. Nellen, Henk J. M., and Edwin Rabbie, eds. Hugo Grotius, Theologian: Essays in Honour of G. H. M. Posthumus Meyjes. Studies in the History of Christian Thought 55. Leiden, The Netherlands: Brill, 1994.
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  315. Includes close readings of archival materials and situates Grotius’s texts within theological traditions at the time of his life and afterward to demonstrate that his intent and mode of argumentation were deeply theological in orientation.
  316. Find this resource:
  317. Nussbaum, Arthur. A Concise History of the Law of Nations. New York: Macmillan, 1947.
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  319. Argues for a many-century, linear tradition that constitutes the law of nations, presenting Grotius as a spiritual force helping emancipate the potential of international law by separating the discipline from theology and mitigating the excesses of warfare.
  320. Find this resource:
  321. Pound, Roscoe. “Grotius in the Science of Law.” American Journal of International Law 19.4 (1925): 685–688.
  322. DOI: 10.2307/2188307Save Citation »Export Citation »E-mail Citation »
  323. Offers a typical early-20th-century claim that Grotius was instrumental in severing theology from jurisprudential thought to allow for a more concrete, or scientific, study of law and governance.
  324. Find this resource:
  325. Schneewind, J. B. The Invention of Autonomy: A History of Modern Moral Philosophy. Cambridge, UK: Cambridge University Press, 1998.
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  327. Provides a compelling argument that statements by Grotius usually held out by scholars to demonstrate his secular tendencies were actually part of an argumentative tradition developed by Scholastics oriented to the Salamanca school to counter skeptics against a Christian-based normative order.
  328. Find this resource:
  329. Stumpf, Christoph A. The Grotian Theology of International Law: Hugo Grotius and the Moral Foundations of International Relations. Religion and Society 44. Berlin: Walter de Gruyter, 2006.
  330. DOI: 10.1515/9783110886160Save Citation »Export Citation »E-mail Citation »
  331. Argues that Grotius synthesized existing religious intellectual traditions to develop a theology of international law centered on the individual as a morally responsible agent, which contributed to the modern economic structure of the world and universalist principles of international law.
  332. Find this resource:
  333. Tuck, Richard. The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant. Oxford: Oxford University Press, 1999.
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  335. Draws on archival materials showing changes in Grotius’s drafts of key texts to argue that the religious connotations in Grotius’s work were motivated by political expediency and humanistic tendencies rather than by any theologically inspired logic.
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  337. Preferences in Method and Theory
  338.  
  339. Before the 20th century, the majority of literature dealt explicitly with Grotius’s texts to make normative claims (e.g., by Pufendorf) or invoked his writing in passing to stand for a negative (e.g., by Jean-Jacques Rousseau) or positive (e.g., by Francis Lieber) “spirit” in the march of humanity. Modern historically oriented scholarship almost uniformly legitimizes itself against this previous literary treatment, condemned now as anachronistic. While scholars differ wildly in conceptual argument and thematic interest from each other and from past literature, there remains scant self-reflective discussion concerning methodological or theoretical preferences in approaching Grotius’s life and publications. Perhaps the three notable, if brief, exceptions are Kingsbury and Roberts 1990, Jeffery 2006, and Keene 2012, in which the authors reflect on what constitutes a “tradition.” The majority of key scholars writing on the Scholastic-humanist debate (see also Humanist, Scholastic, and Other Intellectual Influences), perhaps most eloquently demonstrated in Brett 1997, follow in the tradition of the Cambridge school of intellectual history to embed Grotius’s texts in close readings of the available intellectual linguistic traditions, and occasionally, as for instance with Lesaffer 2002, situated against the backdrop of historical events, whether those be personal or more broadly political. More recently, scholars such as in Borschberg 2011, Fitzmaurice 2014, Hont 2010, Koskenniemi 2011, Porras 2006, and van Ittersum 2006, have sought to introduce more economic, financial, and trade dynamics into Grotian narratives, though to date there is little scholarship on Grotius within fields of historical sociology or the history of political economy.
  340.  
  341. Borschberg, Peter. Hugo Grotius, the Portuguese and Free Trade in the East Indies. Singapore: National University of Singapore Press, 2011.
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  343. Analyzes Grotius’s seminal texts on coercion and property in relation to sea trade within a rich archival context of existing treaty relations in the East Indies, his relationship with the United Dutch East India Company, and the company’s place within larger economic and military conflicts with the Portuguese and Spanish.
  344. Find this resource:
  345. Brett, Annabel S. Liberty, Right, and Nature: Individual Rights in Later Scholastic Thought. Ideas in Context 44. Cambridge, UK: Cambridge University Press, 1997.
  346. Save Citation »Export Citation »E-mail Citation »
  347. Following the Cambridge school of intellectual history, subjects the intellectual debates leading up to Grotius to a dense and insightful study of the different idioms of rights available to authors and how these choices in rhetoric played in relation to one another.
  348. Find this resource:
  349. Fitzmaurice, Andrew. Sovereignty, Property and Empire, 1500–2000. Ideas in Context 107. Cambridge, UK: Cambridge University Press, 2014.
  350. DOI: 10.1017/CBO9781139924306Save Citation »Export Citation »E-mail Citation »
  351. Situates Grotius within a survey of the concept of “occupation” over the course of a millennium in diverse geographic locations, nevertheless providing a competent overview of the various intellectual traditions that influenced Grotius’s work, debates over the meaning of key concepts (e.g., property, sociability) in his texts, and the engagement with his text by later scholars.
  352. Find this resource:
  353. Hont, Istvan. Jealousy of Trade: International Competition and the Nation-State in Historical Perspective. Cambridge, MA: Belknap, 2010.
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  355. Positions Grotius in a post-humanist lineage that is not simply part of a natural-law tradition but is connected to sociopolitical transformations related to the necessities of finance and trade, also discussing how these dynamics influenced intellectual movement and helped lay the basis for 18th- to 20th-century forms of international commerciality. First published in 2005.
  356. Find this resource:
  357. Jeffery, Renée. Hugo Grotius in International Thought. Palgrave Macmillan Series on the History of International Thought. New York: Palgrave Macmillan, 2006.
  358. DOI: 10.1057/9781403983510Save Citation »Export Citation »E-mail Citation »
  359. Discusses the benefits and limitations of the dominant trend among scholars to read the Grotian “tradition” as the history of ideas according either to “textual” or “contextual” methodological approaches.
  360. Find this resource:
  361. Keene, Edward. Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics. LSE Monographs in International Studies. Cambridge, UK: Cambridge University Press, 2012.
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  363. Provides a postcolonial reading of Grotius’s work that seeks to distinguish itself against the typical scholarship treatment of his literature as overly Eurocentric, to the extent it overemphasizes the state model and the question of how to maintain formal equality.
  364. Find this resource:
  365. Kingsbury, Benedict, and Adam Roberts. “Introduction: Grotian Thought in International Relations.” In Hugo Grotius and International Relations. Edited by Hedley Bull, Benedict Kingsbury, and Adam Roberts, 1–64. Oxford: Clarendon, 1990.
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  367. Maps diverse theoretical approaches to understanding how a “tradition” is constituted and what methodological preferences and sources are most helpful to conceptualize its development over time. Reprinted as recently as 2002.
  368. Find this resource:
  369. Koskenniemi, Martti. “Empire and International Law: The Real Spanish Contribution.” University of Toronto Law Journal 61.1 (2011): 1–36.
  370. Save Citation »Export Citation »E-mail Citation »
  371. Though this article follows the tendency of historical treatment since the late 20th century to focus on the multiple idioms of concepts in Grotius’s texts, and it chooses to emphasize the importance of the Salamanca school Scholastics, this breaks from the majority of international legal scholarship by shifting the center of analysis to the establishment of a vocabulary of private rights, which Koskenniemi argues set the stage for modern global ordering of international economic (and, by extension, political) relations.
  372. Find this resource:
  373. Lesaffer, Randall. “The Grotian Tradition Revisited: Change and Continuity in the History of International Law.” British Yearbook of International Law 73 (2002): 103–139.
  374. DOI: 10.1093/bybil/73.1.103Save Citation »Export Citation »E-mail Citation »
  375. Provides a useful map of how 20th-century international legal and international-relations scholarship addressing Grotius overemphasize the state model to construct historical periodization; Lesaffer offers a revisionist intellectual history that commences with the 16th- to 17th-century intellectual and institutional crisis of the ius commune.
  376. Find this resource:
  377. Porras, Ileana M. “Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius De iure praedae—the Law of Prize and Botty, or ‘On How to Distinguish Merchants from Pirates.’” Brooklyn Journal of International Law 31.3 (2006): 741–804.
  378. Save Citation »Export Citation »E-mail Citation »
  379. Offers a slightly thin, but useful, overview of Grotius’s conceptual vocabulary in his key texts—against the backdrop of his professional affiliations (e.g., the Dutch East India Company), sociopolitical context (e.g., the Twelve Years’ Truce), and economic climate (e.g., aggressive United Providence trade in East Indies)—that footnotes a variety of helpful citations that bring economic and political perspective to Grotius’s life and writings.
  380. Find this resource:
  381. van Ittersum, Martine Julia. Profit and Principle: Hugo Grotius, Natural Rights Theories and the Rise of Dutch Power in the East Indies, 1595–1615. Brill’s Studies in Intellectual History 139. Leiden, The Netherlands: Brill, 2006.
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  383. Advocates for a more institutionally situated reading of ideas than in the Cambridge school, reads Grotius’s writings against dense archival materials to illuminate the economic and political forces that drove his argumentation, and discusses how all this might fit into a broader understanding of the political economy of ideas and social organization of the 17th century.
  384. Find this resource:
  385. Warfare and Sociability
  386.  
  387. Warfare is perhaps the most prevalent theme in scholarship concerning Grotius. In part, this may be attributed to the fact that a substantial body of his literature directly or indirectly was engaged in questions concerning organized coercion, whether due to civil rebellion or foreign affairs, and the traditions he wrote within and against were also involved in these debates. Equally, however, a specific and robust interest in Grotius related to the topic of warfare emerged only more recently due to new sociopolitical conditions. In the wake of the First World War in Europe, as described in Jeffery 2006 and Parry 2014, scholars such as Hersch Lauterpacht (Lauterpacht 1946) and Cornelis van Vollenhoven (van Vollenhoven 1918) rallied together under “Grotius,” which represented a belief that international law could mitigate industrial-scale nation-state antagonisms. In the 1980s, Martin Wight (Wight 2005), Hedley Bull (Bull 1990), and other scholars often associated with the English school of international relations again organized around Grotius and built on the cosmopolitan sociability thesis to argue for an “ethos” or “spirit” of professional behavior in policymaking defined in legal terms as a practice of “balancing” strong political differences. This tradition of linking Grotius to a spirit of accommodating and managing difference—a “golden mean”—that can be traced through the history of the European state system continues to resonate with international lawyers, such as Yasuaki Onuma (Onuma 1993, cited under Collected Works), and international-relations scholars, such as Richard Falk (Falk 1985) and Benedict Kingsbury (Kingsbury 1997). Studies such as Keene 2012, Schwarzenberger 1990, Tuck 1999, and Wilson 2008 contest these claims as anachronistic or apologetic and offer revisionist histories that explain Grotius within the legacies of European-oriented imperialism.
  388.  
  389. Bull, Hedley. “The Importance of Grotius in the Study of International Relations.” In Hugo Grotius and International Relations. Edited by Hedley Bull, Benedict Kingsbury, and Adam Roberts, 65–93. Oxford: Clarendon, 1990.
  390. Save Citation »Export Citation »E-mail Citation »
  391. Argues that the Grotius legacy is important for developing one of the original systematic polemics that resisted unrestrained power politics or utopian-centralized unity to instead hold that states are bound by a minimal but growing set of community rules (solidarism). Reprinted as recently as 2002.
  392. Find this resource:
  393. Falk, Richard. “The Grotian Quest.” In International Law: A Contemporary Perspective. Edited by Richard Falk, Friedrich Kratochwil, and Saul H. Mendlovitz, 36–42. Studies on a Just World Order 2. Boulder, CO: Westview, 1985.
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  395. Holds that Grotius’s efforts, questionable as to intentionality and not without error, provided for a new normative order in international society that mediated political reality and utopian moral-legal ideals, which may be abstracted to any period as a calling for lawyers to help mediate otherwise violent difference in periods of historical transition.
  396. Find this resource:
  397. Jeffery, Renée. Hugo Grotius in International Thought. Palgrave Macmillan Series on the History of International Thought. New York: Palgrave Macmillan, 2006.
  398. DOI: 10.1057/9781403983510Save Citation »Export Citation »E-mail Citation »
  399. Situates the revival of Grotius in the context of the Hague Peace Conference and the League of Nations, discussing its reception among international legal scholars such as van Vollenhoven, Alfred Verdross, J. L. Brierly, and Lauterpacht and international-relations scholars such as Bull and Wight, significantly in response to “realist” challenges.
  400. Find this resource:
  401. Keene, Edward. Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics. LSE Monographs in International Studies. Cambridge, UK: Cambridge University Press, 2012.
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  403. Argues that Grotius was an exponent of European imperialism, and that subsequent treatment of his literature reproduces an Eurocentric legacy to the extent that it highlights state-centric questions of formal equality while disregarding that this balance encouraged formal inequality for the majority of the globe.
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  405. Kingsbury, Benedict. “A Grotian Tradition of Theory and Practice? Grotius, Law, and Moral Skepticism in the Thought of Hedley Bull.” Quinnipiac Law Review 17.3 (1997): 3–33.
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  407. Reflects on the different ways to understand how scholars, particularly within the English school of international relations, view Grotius’s legacy as mediation of political difference, especially in relation to organized violence.
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  409. Lauterpacht, Hersch. “The Grotian Tradition in International Law.” British Yearbook of International Law 23 (1946): 1–53.
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  411. Celebrates Grotius as preserving faith in morality and reason over political interest, and as a legacy, encoded in the ethos of international law as a dynamic force in human history that will continue to reduce the excesses and occasions of warfare.
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  413. Parry, John T. “What Is the Grotian Tradition in International Law?” University of Pennsylvania Journal of International Law 35.2 (2014): 299–377.
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  415. Provides a useful exposition of 20th-century scholarly approaches to Grotius, especially surveying international legal and international-relations literature, to focus on the key aspects of Grotius’s legacy that demonstrate the emancipatory potential of law to manage political difference in nonviolent channels.
  416. Find this resource:
  417. Schwarzenberger, Georg. “The Grotius Factor in International Law and Relations: A Functional Approach.” In Hugo Grotius and International Relations. Edited by Hedley Bull, Benedict Kingsbury, and Adam Roberts, 301–312. Oxford: Clarendon, 1990.
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  419. Argues that the “eclecticism” or “moderation” associated with the Grotius legacy remains popular in statecraft because it offers a convenient, neutral-sounding justification for professionals to carry out service to powerful political interests. Reprinted as recently as 2002.
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  421. Tuck, Richard. “Hugo Grotius.” In The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant. By Richard Tuck, 78–108. Oxford: Oxford University Press, 1999.
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  423. Perhaps the foremost proponent of the view that Grotius’s argumentative logic is premised on the permissibility of warfare, especially in the humanist tradition of justifying the partisan necessities of political authorities and the expansion of economic trade and military advantage.
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  425. van Vollenhoven, Cornelis. The Three Stages in the Evolution of the Law of Nations. The Hague: Martinus Nijhoff, 1918.
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  427. A classic 20th-century text, reprinted in Dutch, French, German, and English, that helped revive interest in Grotius’s work and, in heavily moralizing language, argues that his legacy represented an ethical strategy for using law to subdue political violence. Republished as recently as 2013 (Miami, FL: Hardpress).
  428. Find this resource:
  429. Wight, Martin. Four Seminal Thinkers in International Theory: Machiavelli, Grotius, Kant, and Mazzini. Edited by Gabriele Wight and Brian Porter. Oxford: Oxford University Press, 2005.
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  431. Positions the Grotian legacy as a middle way between visionary utopian ideals and skeptical political realism that might circumvent international anarchy by a (Christian and legally inspired) self-reflective tolerance of difference that simultaneously recognizes the possibility and limits of human social instincts.
  432. Find this resource:
  433. Wilson, Eric. The Savage Republic: De Indis of Hugo Grotius, Republicanism, and Dutch Hegemony within the Early Modern World-System (c. 1600–1619). Leiden, The Netherlands: Martinus Nijhoff, 2008.
  434. DOI: 10.1163/ej.9789004167889.i-534Save Citation »Export Citation »E-mail Citation »
  435. Explicitly adopts a “new stream” approach to the study of Grotius and provides an interesting discursive study of Grotius’s texts in their intellectual contexts, embedding these vocabularies within a broader politico-economic contextualization, which demonstrates the close relationship between formal and informal modes of imperialism and the Grotian legacy.
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