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  1. Grotius and English Charters.James Muldoon - forthcoming - New Content is Available for Grotiana.
    _ Source: _Page Count 27 When examined collectively the trade and colonization charters that Tudor and Stuart monarchs issued demonstrate a developing English conception of world order based on trade monopolies and not on ecclesiastical premises or on the Grotian notion of freedom of the seas. There were therefore three early modern conceptions of how an international order might be created, not one, all of which affected European trade with the Americas and Asia. They all began with the assumption that (...)
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  2. The Law of Nations and Natural Law 1625–1800, ed. by Simone Zurbuchen.Gabriella Silvestrini - forthcoming - Grotiana:1-6.
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  3. Michael P. Scharf, Milena Sterio and Paul R. Williams, The Syrian Conflict’s Impact on International Law.Robert Volterra - forthcoming - Grotiana:1-6.
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  4. Francesca Iurlaro, The Invention of Custom: Natural Law and the Law of Nations, ca. 1550–1750.David Armitage - 2022 - Grotiana 43 (2):465-467.
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  5. Ancient Geographers and Modern Travelogues in the Early Seventeenth Century. The Difference between Hugo Grotius’s Bewys van den waren Godsdienst (1622) and De veritate religionis christianae (1627–40). [REVIEW]Silke-Petra Bergjan - 2022 - Grotiana 43 (1):187-207.
    The Bewys van den waren Godsdienst and De veritate religionis Christianae originated against the background of Grotius’s familiarity with classical literature. To understand the innovative impact of these writings, the historical method applied must be considered. Grotius did not rely on authorities, but was compiling historical witnesses for the three religions. The availability and visibility of the witness reports are regularly referred to in the text. Thus, history and classical historians enter the picture. Interestingly, this cannot be separated from the (...)
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  6. Luke Glanville, Sharing Responsibility – The History and Future of Protection from Atrocities.Camila Boisen - 2022 - Grotiana 43 (2):468-474.
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  7. International Environmental Law: of Sovereignty, Complexity, and Grotian Moments.Jutta Brunnée - 2022 - Grotiana 43 (1):3-24.
    The Grotian Moment concept provides a lens through which to reflect on the enduring hold of state sovereignty on international environmental law. The article traces the development of the field’s customary rule framework and canvasses efforts to push its conceptual boundaries beyond the inter-state paradigm. Given their dominant role in the field, the article then provides a brief overview of treaty-based approaches to the development of international environmental law. It focuses on the global response to the climate emergency, as illustrative (...)
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  8. Valentina Vadi, War and Peace. Alberico Gentili and the Early Modern Law of Nations.Alberto Clerici - 2022 - Grotiana 43 (1):273-277.
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  9. Hugo Grotius’s De iure belli ac pacis: A Report on the Worldwide Census of the Fourth Edition (1632, Janssonius).Edward Jones Corredera, Pablo Nicolas Dufour, Lara Muschel, Emanuele Salerno, Timothy Twining & Mark Somos - 2022 - Grotiana 43 (2):395-411.
    This is the fourth instalment of our census and study of the reception of the first nine editions of De iure belli ac pacis. Here we focus on the two versions that Johannes Janssonius issued in 1632, one with a copy of Mare liberum attached to it. This report outlines the place of the 1632 Janssonius edition in the context of his long-running rivalry with the printer Willem Blaeu and his firm. It then explores the typographical differences between the two (...)
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  10. Hugo Grotius’s De iure belli ac pacis: A Report on the Worldwide Census of the Fifth Edition (1632, Blaeu).Edward Jones Corredera, Pablo Nicolas Dufour, Lara Muschel, Emanuele Salerno, Timothy Twining & Mark Somos - 2022 - Grotiana 43 (2):412-436.
    This article provides new information on the printing and readership history of the fifth edition of De iure belli ac pacis. Building on our earlier research on the way that the dispute between Willem Janszoon Blaeu and Johannes Janssonius influenced the publication of the 1631 edition of the text, this article studies how Blaeu harnessed his position to make the 1632 edition more reputable than the earlier version published by his rival. The article considers how, over four centuries, readers have (...)
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  11. Hugo Grotius’s De iure belli ac pacis: A Report on the Worldwide Census of the Sixth Edition (1642, Blaeu).Edward Jones Corredera, Pablo Nicolas Dufour, Lara Muschel, Emanuele Salerno, Timothy Twining & Mark Somos - 2022 - Grotiana 43 (2):437-464.
    This article constitutes the sixth instalment in our series on the census and study of the reception of the first nine editions of De iure belli ac pacis. This edition has long held a prominent place in studies and editions of Grotius’s work since it was the last published during his lifetime. The report first outlines the genesis of the edition in the context of Grotius’s relationship with Johann Blaeu (1596–1673) and Cornelius Blaeu (1610–1642), who had recently inherited the Blaeu (...)
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  12. Hugo Grotius’s De iure belli ac pacis: a Report on the Worldwide Census of the First Edition (1625).Edward Jones Corredera, Francesca Iurlaro, Lara Muschel & Mark Somos - 2022 - Grotiana 43 (1):208-235.
    This article provides new information on the publication history of the first edition of the text that, according to many scholars, laid the ground for the growth of international law: Hugo Grotius’s De iure belli ac pacis. Drawing on the preliminary findings of the Grotius Census Project at the Max Planck Institute for Comparative Public Law and International Law, funded by the German Research Foundation (Deutsche Forschungsgemeinschaft), the following pages shed light on the first three states of the typescript, the (...)
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  13. Hugo Grotius’s De iure belli ac pacis: a Report on the Worldwide Census of the Second Edition (1626).Edward Jones Corredera, Lara Muschel & Mark Somos - 2022 - Grotiana 43 (1):236-245.
    The first edition of Hugo Grotius’s De iure belli ac pacis was published in Paris by Nicolas Buon in 1625. An unauthorised second edition appeared in Frankfurt a year later, from the reputable Wechel press. After Grotius made hundreds of changes to the first and second states of the first edition, and failed to convince the publisher Nicolas Buon of the merits of printing yet another edition of the book, the Wechels’s release of a new edition sought to capitalise on (...)
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  14. Hugo Grotius’s De iure belli ac pacis: a Report on the Worldwide Census of the Third Edition (1631).Edward Jones Corredera, Lara Muschel & Mark Somos - 2022 - Grotiana 43 (1):246-272.
    Hugo Grotius’s best-known work, De iure belli ac pacis, appeared in 1625 in Paris with the author’s approval. A second unauthorised version was published in 1626 in Frankfurt. In 1631 the Amsterdam publisher, Willem Janszoon Blaeu (1571–1638), issued the third edition, this one authorised by the author – and this edition featured nearly a thousand revisions by Grotius. The purpose of this report is to analyse the context behind the publication of this third edition and the copies’ provenance records. Using (...)
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  15. (Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law.Lorenzo Gasbarri - 2022 - Grotiana 43 (1):113-132.
    In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the (...)
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  16. The Cambridge Companion to Hugo Grotius, ed. by Randall Lesaffer and Janne Nijman.Peter Haggenmacher - 2022 - Grotiana 43 (1):278-293.
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  17. Sacred Polities, Natural Law and the Law of Nations in the 16th–17th Centuries, edited by Hans W. Blom.Tim Hochstrasser - 2022 - Grotiana 43 (2):475-477.
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  18. Tarik Kochi, Global Justice and Social Conflict: The Foundations of Liberal Order and International Law.Francesca Iurlaro - 2022 - Grotiana 43 (1):294-300.
  19. David M. Lantigua, Infidels and Empires in a New World Order: Early Modern Spanish Contributions to International Legal Thought.Edward Corredera Jones - 2022 - Grotiana 43 (1):301-305.
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  20. Justus Lipsius, Monita et exempla politica: Political Admonitions and Examples. Edited with Translation, Commentary and Introduction by Jan Papy, Toon Van Houdt and Marijke Janssens.Lisa Kattenberg - 2022 - Grotiana 43 (2):478-482.
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  21. Klaus Kowalski, Das Vertragsverständnis des Hugo Grotius. Zwischen Gerechtigkeit, Treue und Rechtsübertragung.Michael Milo - 2022 - Grotiana 43 (2):483-491.
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  22. Expanding Universe: Grotian Moments in the Practice of the UN Security Council.Inger Österdahl - 2022 - Grotiana 43 (1):25-54.
    This contribution explores Grotian Moments in the practice of the UN Security Council in three different but closely related subject areas. The three areas are, in turn, the way the Security Council interprets the concept of ‘threat to the peace’ or more generally ‘international peace and security’, the law-making by the Security Council, and the subjects – in the sense of legal or natural persons – that the Security Council chooses to address. It turns out that the interpretation by the (...)
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  23. Corruption in International Law: Illusions of a Grotian Moment.Simona Ross & Mark Somos - 2022 - Grotiana 43 (1):55-86.
    Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with the (...)
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  24. Pablo Kalmanovitz, The Laws of War in International Thought.Emile Simpson - 2022 - Grotiana 43 (1):306-308.
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  25. Grotian Moments in the Law of Self-Determination: Law, Rhetoric, and Reality.Tom Sparks - 2022 - Grotiana 43 (1):159-186.
    Self-determination is one of international law’s most reviled and yet most important principles. The legal development of self-determination – or specific forms thereof – as a customary norm of international law has been shaped and spurred by key moments. These include the American and French declarations of 1776 and 1789, the conclusion of the UN Charter, and the General Assembly’s resolution 1514 (xv) in 1960. This article analyses whether, in characterising the effect of such moments, the label ‘Grotian’ moment adds (...)
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  26. Grotian Moments, Vol. 2: Introduction.Tom Sparks & Mark Somos - 2022 - Grotiana 43 (1):1-2.
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  27. Statehood: A Grotian Moment 2.Milena Sterio - 2022 - Grotiana 43 (1):133-158.
    Grotian Moments are instances of accelerated formation of customary law, sparked by significant world events, such as wars, terrorism attacks, developments in technology, or natural catastrophes. This article will apply the Grotian Moment theory to the legal criteria of statehood, in an attempt to assess whether an evolution in specific elements of statehood has resulted in such paradigm-shifting Grotian Moments. In particular, this article will argue that the evolving political nature of our world order has contributed toward the need to (...)
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  28. Data Surveillance Since the Snowden Revelations: A Grotian Moment in International Law?Milan Tahraoui - 2022 - Grotiana 43 (1):87-112.
    Mass data surveillance practices have received heightened attention in international law since the Snowden revelations of 2013. In this article, I examine whether that attention has given rise to a “Grotian moment” regarding the regulation of these activities under international law. At the outset, I answer that question in the negative and conclude that no general customary international law rules have emerged. Yet, that is not the end of the story. At a more fundamental and conceptual level, far reaching transformative (...)
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  29. Grotius’s Contract Theory in the Works of His German Commentators: First Explorations.Paolo Astorri - 2020 - Grotiana 41 (1):88-107.
    Due to its enormous importance, Grotius’s contract doctrine has been extensively investigated by legal historians. This paper seeks to enhance scholarly understanding of this topic by looking at commentaries on De jure belli ac pacis written by German theologians and jurists in the second half of the seventeenth century. The paper focuses on comments concerning promises: the criteria for promises that are binding under natural law; the foundations of the obligation to keep promises; error and duress; and immoral promises. Grotius’s (...)
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  30. Hugo Grotius, Declaration of War, and the International Moral Order.Camilla Boisen - 2020 - Grotiana 41 (2):282-303.
    This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and occasionally permitted states (...)
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  31. Nicolaus Ignaz Königsmann: Natural Law in Prague Before 1752.Ivo Cerman - 2020 - Grotiana 41 (1):177-197.
    The article discusses the reception of Grotius by Catholic lawyers at the university of Prague. It focuses on the Grotius commentary by Nicolaus Ignaz Königsmann, which was meant as a response to the discussion of Central European Catholic lawyers on questions of toleration and permissions in law. I argue that Königsmann agreed with Grotius because his conception could be combined with the Catholic belief in free will and dictamen sanae rationis. He grounded natural law in rational human nature and rejected (...)
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  32. The Binding Force of Unilateral Promises in the Ius Commune before Grotius.Giovanni Chiodi - 2020 - Grotiana 41 (1):40-58.
    The idea that a simple unilateral promise, until it is accepted, is not binding according to natural law is defended by Grotius in his major work with an argumentation drawn directly from Lessius, an important source of inspiration for the Dutch jurist, who in turn solves the dispute rooted in the tradition of ius commune. This article aims to reconstruct, in its essential stages, an itinerary through the main positions of medieval and early modern civil and canon lawyers about this (...)
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  33. Grotius’s Doctrine of Alliances with Infidels and the Idea of Respublica Christiana.Orazio Condorelli - 2020 - Grotiana 41 (1):13-39.
    In the framework of the issue of the observance of promises and agreements, Grotius discusses the question of whether Christians should be allowed to conclude treaties or alliances with those who were named infideles in the canonical and theological terminology. The question was ancient: since the early Middle Ages, alliances of Christians with infidels had been labeled as ‘impious’. Grotius’s solutions are based on the converging traditions of medieval canon law and theology: treaties and alliances with infidels are intrinsically lawful (...)
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  34. Hugo Grotius’s Views on Consent, Contract and the Christian Commonwealth – Introductory Remarks.Wim Decock - 2020 - Grotiana 41 (1):1-12.
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  35. Grotius and Late Medieval Ius Commune on Rebellion and Civil War.Dante Fedele - 2020 - Grotiana 41 (2):371-389.
    This paper explores the presence of late medieval ius commune in Grotius’s thought on the use of force in internal strife and war, based on De iure belli ac pacis. To this end, it examines Grotius’s use of ius commune sources, and considers some similar sources, which he does not actually cite, but which relate to his discussion. By clarifying Grotius’s selection and use of ius commune sources, the paper intends to contribute to the achievement of a double aim: firstly, (...)
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  36. Corporate Belligerency and the Delegation Theory from Grotius to Westlake.Rotem Giladi - 2020 - Grotiana 41 (2):349-370.
    This article starts with a critical reflection on John Westlake’s reading of the history of empire and the English/British East India Company – for him, essentially, the proper concern of ‘constitutional history’ rather than international law. For Westlake, approaching this history through the prism of nineteenth-century positivist doctrine, the Company’s exercise of war powers could only result from state delegation. Against his warnings to international lawyers not to stray from the proper boundaries of international legal inquiry, the article proceeds to (...)
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  37. Hugo Grotius and the Classical Law of Civil War.Ville Kari - 2020 - Grotiana 41 (2):412-427.
    This article explores the writings of Hugo Grotius on the law of civil war. First, the article takes a look at what Grotius wrote about the Dutch revolt, the civil war during which he himself lived and which he helped to legitimise. Second, the article notes how in legal practice the Dutch revolt also provided a valuable early precedent for the later scholars of the law of civil war, who were more concerned with questions of revolutionary prize jurisdiction and the (...)
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  38. Grotius’s Impact on the Scandinavian Theory of Contract Law.Sören Koch - 2020 - Grotiana 41 (1):59-87.
    This article discusses to what extent the widely accepted hypotheses of Hugo Grotius’s crucial impact on the theory of contract law – also in Scandinavia – may be maintained or even positively confirmed. Although few direct references to the works of Grotius can be found in Scandinavian legal literature of the seventeenth and eighteenth century, it would be premature to draw a negative conclusion. An impact of Grotius’s thoughts may rather be demonstrated by thoroughly analysing patterns of argumentation concerning specific (...)
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  39. A Prodigy Child of the Dutch Revolt: Immediate ‘Precursors’ to Grotius on Just Revolt.Raymond Kubben - 2020 - Grotiana 41 (2):390-411.
    One of the odd things about Grotius’s thought is that he – advocate of a rebellious regime – was not very supportive of the right of resistance. Justifying the revolt at the time not only meant legitimizing the new regime he was serving; it also meant ruling out opposition against it. That posed an intricate puzzle; a puzzle Grotius solved by drawing on the theorizing on just revolt of the previous decades. This paper purports to show the connection between Grotius’s (...)
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  40. Grotius on Reprisal.Randall Lesaffer - 2020 - Grotiana 41 (2):330-348.
    In neither of his two major forays into the laws of war and peace – De iure praedae or De iure belli ac pacis – did Hugo Grotius discuss the legal institutions of reprisal – whether special or general – or privateering in their own right. His profoundly novel reading of the just war doctrine in the context of his theory of natural rights, however, gave powerful legitimisation to the practices of special reprisals, as well as of privateering in times (...)
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  41. Grotius on the Use of Force: Perfect, Imperfect and Civil Wars. An Introduction.Randall Lesaffer - 2020 - Grotiana 41 (2):255-262.
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  42. Making Use of the Testimonies: Suárez and Grotius on Natural Law.Sydney Penner - 2020 - Grotiana 41 (1):108-136.
    Thanks to Barbeyrac, Pufendorf and others, there is a long-familiar picture of Grotius as offering a groundbreaking account of natural law. By now there is also a familiar observation that there is no agreement what makes Grotius’s account innovative. Sometimes this leads to skepticism about how innovative Grotius’s account of natural law really is. Some scholars suggest that Grotius’s account of natural law resembles Suárez’s account. But others continue to argue that Barbeyrac is right to see Grotius as breaking the (...)
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  43. Die politischen Gesetze des Mose: Entstehung und Einflüsse der politia-judaica-Literatur in der Frühen Neuzeit, written by Markus M. Totzeck.Sina Rauschenbach - 2020 - Grotiana 41 (1):251-254.
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  44. Vitoria, Suárez, and Grotius: James Brown Scott’s Enduring Revival.Mark Somos & Joshua Smeltzer - 2020 - Grotiana 41 (1):137-162.
    This article recovers James Brown Scott’s conviction in American exceptionalism, a belief that underlay both his institutional work as well as his understanding of the origins and trajectory of international law. In the first section, we discuss Scott’s interpretation of Hugo Grotius as part of his tactic to make US foreign affairs policies and perspectives more compelling by presenting them as universal. In the second section, we argue that Scott’s writings on the Spanish origins of international law were in fact (...)
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  45. Hugo Grotius’ Remonstrantie of 1615. Facsimile, Transliteration, Modern Translations and Analysis, written by David Kromhout and Adri Offenberg.Joke Spaans - 2020 - Grotiana 41 (1):246-250.
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  46. Territorial Sovereignty: A Philosophical Exploration, written by Anna Stilz.Tom Sparks - 2020 - Grotiana 41 (1):237-245.
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  47. Admired Adversary: Wrestling with Grotius the Exegete in Cotton Mather’s Biblia Americana.Jan Stievermann - 2020 - Grotiana 41 (1):198-235.
    This essay examines the reception of Grotius’s pioneering Annotata ad Vetus Testamentum in the ‘Biblia Americana’, a scriptural commentary written by the New England theologian Cotton Mather. Mather engaged with Grotius on issues of translation, biblical authorship, inspiration, the canon, and the legitimate forms of interpreting the Hebrew Bible as Christian Scripture. While frequently relying on the Dutch Arminian humanist in discussing philological problems or contextual questions, Mather in many cases rejected, ignored, or significantly modified Grotius’s farther-reaching conclusions on dogmatically (...)
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  48. Consent and the Ethics of International Law Revisiting Grotius’s System of States in a Secular Setting.Christoph Stumpf - 2020 - Grotiana 41 (1):163-176.
    In this article Grotius’s perception of the legal relevance of consent is analysed with respect to its ongoing importance for an ethical fundament of public international law. It is argued that Grotius views the function of consent as an aspect of human law, which is limited, but also supported by what he views as the overarching framework of divine law. This can be particularly illustrated by Grotius’s idea of a duty of granting consent: such duty reflects the ethical quality of (...)
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  49. Perfect War: Alberico Gentili on the Use of Force and the Early Modern Law of Nations.Valentina Vadi - 2020 - Grotiana 41 (2):263-281.
    Gentili’s conceptualization of war as a conflict between states attempted to limit the legitimacy of war to external wars only, thus precluding the legitimacy of civil wars. It reflected both the emergence of sovereign states and the vision of international law as a law among polities rather than individuals. The conceptualization of war as a dispute settlement mechanism among polities rather than a punishment for breach of the law of nations and the idea of the bilateral justice of war humanized (...)
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  50. ‘Remedium repraesaliarum’: The Medieval and Early Modern Practice and Theory of Reprisal within the Just War Doctrine.Philippine Christina Van den Brande - 2020 - Grotiana 41 (2):305-329.
    Centuries before being included in Hugo Grotius’s De iure belli ac pacis and De iure praedae, the subject of reprisal was already being discussed in medieval literature. The aim of this paper is to examine the medieval and early modern practice and theory of reprisal as it developed before and during Grotius’s lifetime. Its first part investigates a number of important foundational elements, such as the issues of definition and terminology, and the common characteristics of a reprisal case. In the (...)
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