This paper aims at showing that all scholars writing on De iure praedae should refer to the extant manuscript of the work, or to the new electronic edition when it becomes available, to check the passages they use in their arguments. The printed text as edited by Hamaker, though generally reliable as a nineteenth-century edition, must now be considered outdated because of its suppression of all previous stages of the text, as well as its replacement of the original punctuation with (...) a new one, which more than once does affect the meaning of the text. Moreover, Hamaker's edition gives no authentic image of the sources of Grotius's thought. Secondly, signalling a need for more detailed textual research on IPC, the present paper calls attention to Grotius's extensive changes in chapter 10, and to the contribution which philological approaches might make to answering questions such as that regarding IPC's intended audience. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in writing (...) them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

This article reconstructs the printing history of Hugo Grotius's Mare liberum . It examines the political circumstances which prompted the pamphlet's publication, but then seemed to conspire against it, and relates these to Grotius's revision of chapter 12 of Ms. BPL 917 in Leiden University Library, the one surviving copy of De iure praedae . While preparing chapter 12 for the press, he made a serious effort to tone down its bellicose rhetoric, erasing, for example, all references to the Spanish (...) claims to the Americas. His aim was to placate the French envoy Pierre Jeannin and his own political patron Johan van Oldenbarnevelt, the driving forces behind the negotiations for the Twelve Years' Truce . In the context of these negotiations, Grotius was at pains to downplay his radical rights theories. The subjective right of punishment only received a mention in the conclusion of Mare liberum, for example. Yet a discarded outline for the pamphlet's preface shows that the argument of De iure praedae remained uppermost in his mind, witness the outline's denunciation of the 'poisonings, perfidy and crimes of the Portuguese'. Both De iure praedae and Mare liberum had been commissioned by the Dutch East India Company for the express purpose of influencing political developments in its favour. Yet neither treatise had the impact originally intended by Grotius and the VOC directors. Ironically, these occasional writings became classics of international law instead. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae and De Jure Belli ac Pacis , with little reference to the historical context. Insufficient consideration has been given to the intended audience of these works, Grotius’ purpose in writing them, and the possible (...) correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company in autumn 1604.The brutal murder of Sebald de Weert on the island of Ceylon in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic.In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce . Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in writing (...) them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

Following the manuscript's discovery in 1864, scholars have widely assumed that De Jure Praedae (Commentary on the Law of Prize and Booty) was written by the Dutch lawyer Hugo Grotius (1583–1645) in the period 1604–1606. Yet the conventional dating fails to consider the materiality of Ms. BPL 917 in Leiden University Library. By analyzing paper supplies, this article throws new light on the date and manner of the manuscript's composition. The watermarks in the paper, the quire divisions and foliation are (...) considered in combination with relevant textual evidence, such as manuscript references to historical events and any allusions to Ms. BPL 917 in Grotius’ letters and other archival sources. This approach has yielded unforeseen results. Yes, Grotius wrote out the original text in 1604/05, as a fair copy of a previously existing work. Yet he did not stop there. Entire folio-pages were crossed out in Ms. BPL 917 and new ones inserted in the following sequence: - in, or shortly before, January 1607, Grotius deleted f. 63v and 67r and inserted f. 64–66 - between January 1607 and Nov–Dec. 1608, he deleted f. 7v, 19r, 38v, and 43r-v and inserted f. 8–9, 18, and 39–42 - in November–December 1608, he deleted f. 119r–122r and inserted f. 117–118. These revisions were a direct response to the challenges faced by the Dutch East India Company (VOC) in this period. Its growing empire in Southeast Asia was under threat from the peace and truce negotiations between the States General and Philip III of Spain and Portugal. Grotius’ revisions of Ms. BPL 917, along with chapter twelve's appearance as Mare Liberum in April 1609, justified the continuation of Dutch empire-building in the East Indies, the Twelve Years’ Truce (1609–1621) notwithstanding. Grotius’ rights and contract theories made it perfectly acceptable to conclude a peace or truce in (Western) Europe, yet persist in colonial warfare beyond the Line (i.e. the Tropic of Cancer). In this respect – the (implicit) differentiation between ‘the West and the rest’ in international relations – Grotius’ legacy is still with us today. (shrink)

Following the manuscript's discovery in 1864, scholars have widely assumed that De Jure Praedae was written by the Dutch lawyer Hugo Grotius in the period 1604–1606. Yet the conventional dating fails to consider the materiality of Ms. BPL 917 in Leiden University Library. By analyzing paper supplies, this article throws new light on the date and manner of the manuscript's composition. The watermarks in the paper, the quire divisions and foliation are considered in combination with relevant textual evidence, such as (...) manuscript references to historical events and any allusions to Ms. BPL 917 in Grotius’ letters and other archival sources. This approach has yielded unforeseen results. Yes, Grotius wrote out the original text in 1604/05, as a fair copy of a previously existing work. Yet he did not stop there. Entire folio-pages were crossed out in Ms. BPL 917 and new ones inserted in the following sequence:- in, or shortly before, January 1607, Grotius deleted f. 63v and 67r and inserted f. 64–66- between January 1607 and Nov–Dec. 1608, he deleted f. 7v, 19r, 38v, and 43r-v and inserted f. 8–9, 18, and 39–42- in November–December 1608, he deleted f. 119r–122r and inserted f. 117–118.These revisions were a direct response to the challenges faced by the Dutch East India Company in this period. Its growing empire in Southeast Asia was under threat from the peace and truce negotiations between the States General and Philip III of Spain and Portugal. Grotius’ revisions of Ms. BPL 917, along with chapter twelve's appearance as Mare Liberum in April 1609, justified the continuation of Dutch empire-building in the East Indies, the Twelve Years’ Truce notwithstanding. Grotius’ rights and contract theories made it perfectly acceptable to conclude a peace or truce in Europe, yet persist in colonial warfare beyond the Line . In this respect – the differentiation between ‘the West and the rest’ in international relations – Grotius’ legacy is still with us today. (shrink)

Following the manuscript's discovery in 1864, scholars have widely assumed that De Jure Praedae (Commentary on the Law of Prize and Booty) was written by the Dutch lawyer Hugo Grotius (1583–1645) in the period 1604–1606. Yet the conventional dating fails to consider the materiality of Ms. BPL 917 in Leiden University Library. By analyzing paper supplies, this article throws new light on the date and manner of the manuscript's composition. The watermarks in the paper, the quire divisions and foliation are (...) considered in combination with relevant textual evidence, such as manuscript references to historical events and any allusions to Ms. BPL 917 in Grotius’ letters and other archival sources. This approach has yielded unforeseen results. Yes, Grotius wrote out the original text in 1604/05, as a fair copy of a previously existing work. Yet he did not stop there. Entire folio-pages were crossed out in Ms. BPL 917 and new ones inserted in the following sequence: - in, or shortly before, January 1607, Grotius deleted f. 63v and 67r and inserted f. 64–66 - between January 1607 and Nov–Dec. 1608, he deleted f. 7v, 19r, 38v, and 43r-v and inserted f. 8–9, 18, and 39–42 - in November–December 1608, he deleted f. 119r–122r and inserted f. 117–118. These revisions were a direct response to the challenges faced by the Dutch East India Company (VOC) in this period. Its growing empire in Southeast Asia was under threat from the peace and truce negotiations between the States General and Philip III of Spain and Portugal. Grotius’ revisions of Ms. BPL 917, along with chapter twelve's appearance as Mare Liberum in April 1609, justified the continuation of Dutch empire-building in the East Indies, the Twelve Years’ Truce (1609–1621) notwithstanding. Grotius’ rights and contract theories made it perfectly acceptable to conclude a peace or truce in (Western) Europe, yet persist in colonial warfare beyond the Line (i.e. the Tropic of Cancer). In this respect – the (implicit) differentiation between ‘the West and the rest’ in international relations – Grotius’ legacy is still with us today. (shrink)

This article examines some interlinear and marginal notes on Henry Aristippus' translation of the Platonic Phaedo transmitted in Leiden, UL, BPL Ms. 64. The content of these notes also appears in H...

The book provides the first critical edition of the Dialogus written in Latin by William of Ockham in the 14th century. The dialogue is Ockham's chief work on political philosophy which engages with questions of property rights, natural law, and the theory of nation-states.

In ‘The Republic’, Plato famously reduced practical authority to theoretical authority, arguing that a just society must be governed by philosophers. This idea of the philosopher-king flourished in the medieval specula principum. The medieval papacy was grounded on a similar blend of practical and theoretical authority. The Pope was credited with the capacity to decide on the truth of beliefs because he was elected to office. In their fight against the omnicompetence of the Pope, Marsilius of Padua and William of (...) Ockham were aware that in order to contain the power of the papal office, they had to find a way of legitimately distinguishing between theoretical and practical authority. Consequently, both of them severed the traditional link between political theory and virtue ethics, considering the virtue and the wisdom of the ruler as accidental to the legitimacy of government. In contrast to this demotion of theoretical authority in the state, both Marsilius and William argued that experts should play a bigger role in the church. The definition of true belief and heresy should not, according to them, lie in the hands of an elected official (i. e. the Pope), but rather in the hands of theological experts. This article aims to show that the critique of the papal monarchy gave rise to a new understanding of the distinction between theoretical and practical authority. (shrink)

Die Transformation der römischen Welt ist ein hoch aktuelles und viel diskutiertes Thema der Geschichtswissenschaft. Die Bedeutung von Verwandtschaft für diesen epochalen Prozess wurde bislang kaum untersucht. Der Sammelband schließt diese Lücke, indem er die Rolle der Verwandtschaft für die Umwandlung der sozialen Ordnung in den Blick nimmt. Er erweitert damit maßgeblich die Perspektive auf den Epochenumbruch von der Spätantike zum Mittelalter.

Both philosophy and linguistics have emphasized the importance of language as a means of dialogue. Despite the fact that Wittgenstein added a new layer of complication to this point of view, the Sapir-Whorf theory, proposed by Edward Sapir and his colleague Benjamin Lee Whorf, helped the impact of language on the mind acquire notoriety. With this idea, language not only continued to be a means of communication but also received recognition in the social science curriculum as a crucial element in (...) the development of personal identities and the process of knowledge assimilation. The effect of language on morality and ethics was the most significant element that philosophers and linguists overlooked in their extensive study. For instance, little is known about how the terms we choose can influence how we understand morality and ethics. The sole subject of this article will be how language influences the moral and ethical decisions we make. To put it another way, how we make choices is greatly influenced by the language or beliefs we use in both public and private life. This means that in order to understand a country’s law or socially accepted norms, it is crucial to closely examine the language that country uses. The options or goals that are publicly acceptable are also closely related to the language, metaphors, and discourses used by a specific society. The contemporary world does not analyze these incidents from a linguistic perspective, but language has contributed to the creation of accepted legal and social standards. (shrink)

The ascription of desires or beliefs to other people is a milestone of human sociality. It allows us to understand, explain, and predict human behaviour. During the last years, research on children's knowledge about the mental world, better known as theory of mind research, has become a central topic in developmental psychology and the role of cultural impact is subject of various theoretical yet hitherto few empirical accounts. This book is the result of intensive collaboration between anthropologists and psychologists in (...) the field of cross-cultural research on social cognitive development. Five interdisciplinary research teams, coming from the University of Heidelberg, were investigating five Pacific Island societies. All together, they were interested in the question of how and when children in these different cultures come to assign mental states to others. This unique research project combines sound ethnography of different Pacific cultures with thoroughly conducted experimental work, done by developmental psychologists; it presents a shared, thoughtful analysis of the results and provides deeper insight into current debates on the ontogeny of theory of mind competencies. (shrink)

Este artigo apresenta uma noção do embate velado entre a Igreja Católica e o Estado brasileiro para dominar a sociedade civil na transição império – república, um para não perder sua influência secular, o catolicismo, e outro, o Estado, para não se deixar influenciar pela ideologia antagonista ao projeto positivista-liberal a ser implementado naquele contexto onde o slogan fala por si "ordem e progresso".

O Concílio Vaticano II foi um dos eventos mais importantes da história da Igreja do século XX. Partindo de sua história e dos documentos aprovados pelos bispos conciliares, o pós-concílio caracteriza-se, nesses seus 40 anos, por um debate acalorado e por luta identitária sobre como ele deve ser recepcionado pela Igreja universal e pelas igrejas particulares. Dessa forma, o presente artigo tem como objetivo apresentar as principais linhas hermenêuticas do Vaticano II, apontando alguns autores e obras sobre a discussão.