_ Source: _Volume 38, Issue 1, pp 176 - 210 Two pirated editions form a vital but neglected part of the printing and reception history of the first edition of Grotius’s _Mare liberum_.

This introduction gives a rough sketch of the context of Mare liberum's publication and the main arguments Grotius made in this pamphlet. It touches briefly on some of the latest arguments on Mare liberum and provides a survey of the contributions to this Commemmorative Issue. Moreover, it sets the stage for the contributions which elaborate on the fate of Grotian concepts - not so much by historically tracing these ideas over the past 400 years, but by (...) offering an analysis of how similar concepts are used in international law today. (shrink)

This article addresses the heritage of Grotius's concept of common goods as developed in his seminal work Mare liberum. This contribution identifies the basic tenets of Grotius's thinking on the nature of common property and identifies the relevance of these ideas for the present day management of global commons, i.e., the areas and natural resources beyond the limits of national jurisdiction. Successively, the article examines the regimes for: the deep seabed, the high seas, and marine mammals; outer space, (...) particularly the moon; the two polar regions; and the atmosphere, in particular the ozone layer and the climate system. The article demonstrates how some of the original tenets of Grotius's concept of res communis – in particular the idea of inexhaustibility – can no longer be upheld and how the freedom of access to the global commons has become increasingly qualified and supplemented, if not replaced by a new law of international co-operation aimed at conservation and sustainable use of natural wealth and resources beyond the limits of national jurisdiction. The global commons function as laboratories for the testing of new principles of international law and new forms of international co-operation, which can be said to clearly build upon the Grotian heritage. (shrink)

This introduction gives a rough sketch of the context of Mare liberum's publication and the main arguments Grotius made in this pamphlet. It touches briefly on some of the latest arguments on Mare liberum and provides a survey of the contributions to this Commemmorative Issue. Moreover, it sets the stage for the contributions which elaborate on the fate of Grotian concepts - not so much by historically tracing these ideas over the past 400 years, but by (...) offering an analysis of how similar concepts are used in international law today. (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)

This article addresses the heritage of Grotius's concept of common goods as developed in his seminal work Mare liberum. This contribution identifies the basic tenets of Grotius's thinking on the nature of common property and identifies the relevance of these ideas for the present day management of global commons, i.e., the areas and natural resources beyond the limits of national jurisdiction. Successively, the article examines the regimes for: the deep seabed, the high seas, and marine mammals; outer space, (...) particularly the moon; the two polar regions; and the atmosphere, in particular the ozone layer and the climate system. The article demonstrates how some of the original tenets of Grotius's concept of res communis – in particular the idea of inexhaustibility – can no longer be upheld and how the freedom of access to the global commons has become increasingly qualified and supplemented, if not replaced by a new law of international co-operation aimed at conservation and sustainable use of natural wealth and resources beyond the limits of national jurisdiction. The global commons function as laboratories for the testing of new principles of international law and new forms of international co-operation, which can be said to clearly build upon the Grotian heritage. (shrink)

Sixteen years after the publication of Grotius’s Mare Liberum (1609), Serafim de Freitas, a Portuguese friar, published a reply to Grotius’s attack upon the foundations of the Iberian overseas empire. Freitas’s vindication of the Portuguese dominion over the high seas has, however, been consigned to obscurity, as the Anglophone literature concentrated on John Selden’s Mare Clausum (1636). This neglect is unjustified. Not only is Freitas’s treatise an earlier and more systematic response to Grotius, but it also anticipates (...) many of the arguments later deployed by Selden. The purpose of this article is thus to rescue Freitas’s arguments from oblivion. (shrink)

In this article Mare liberum is placed within the context of seventeenth-century European politics. It focuses on the development of conventional relations between European States regarding their interests outside of Europe and their importance concerning the status of Asian and African 'actors'. It turns out that in spite of Mare liberum's high-sounding proclamation of equality of non-European sovereigns with European States, Grotius's position as well as Dutch policy was inspired by self-interest and was essentially opportunistic. The (...) Dutch Republic – as well as other European States – used the 'liberal' principles of Freedom of trade and the Universality of the Law of Nations to attack the Portuguese/Spanish claims of monopoly. However, as the Dutch Republic, Great Britain and France developed their own 'Spheres of Interest' in Asia, Africa and the Americas, they effectively excluded would-be competitors. Indeed, in the eighteenth century the 'pacte colonial' constituted a distinctive characteristic of the conventional and customary 'European Law of Nations'. As non-European political actors in the eighteenth century relatively lost military and political power, the European States finally relegated them to an inferior position, beyond the charmed circle of full 'subjects of Public International Law'. The article also is a contribution to the ongoing discussion about the relation between European imperialism and the development of the doctrine of European International Law. (shrink)

The idea of free trade in Grotius's Mare liberum and his legal opinion De iure praedae has a strong theological basis. Grotius called the right to travel and trade freely a ius sanctissimum, a 'sacrosanct law'. He also perceived the Freedom of the Seas as being a direct result of the will of God. This theological background was strategically necessary because Grotius developed the Mare liberum and the De iure praedae to argue against Spanish-Portuguese claims to (...) a trade monopoly that also had theological underpinnings. But the theological aspect of Grotius's theory was also emphasized by the references he made to the Dominican friar Francisco de Vitoria's ius communicationis. This precursor to Grotius's Freedom of the Seas, which Vitoria had developed in his De indis, is connected to the legal justification of Christian mission and so has a clear theological connotation. In Grotius's work, Vitoria's concept of a universal right to Christian mission supervised by the pope was transformed into a theologically supported right to free trade. With this transformation of the ius communicationis into the principle of the Mare liberum, Grotius develops a theological basis not for politics but for economics. One can speak therefore, following Giorgio Agamben, of an 'economic theology' in regard to Grotius, a term that is, in turn, derived from Carl Schmitt's notion of 'political theology'. (shrink)

This paper examines the reception of Dutch commercial ideas and institutions in continental Europe during the first half of the seventeenth century. Using printed and archival sources from France, Sweden and Denmark, it argues that it is more useful to examine how statesmen and thinkers adapted Dutch material to different local circumstances and changing political conditions than to search for a mercantilist approach to political economy. Dutch arguments were particularly important, because they focused attentions upon the just and expedient relations (...) between sovereignty and commerce. Replacing Hugo Grotius's Mare liberum in the contexts of the broader debate about the governance of commerce and of the politics of the Thirty Years War allows us to recover part of its further significance, for its polemical clarity allowed statesmen and scholars to refine more sharply their notion of commerce's relation to the state. (shrink)

On April 30, 1982, the Eleventh Session of the Third United Nations Conference on the Law of the Sea endorsed the final version of the Draft Convention of the Law of the Sea by a vote of 130 to 4, with 17 abstentions.1 The Session met at UN Headquarters in New York from March 8 to April 30.2.

ABSTRACT Politics, religion and legal argumentation were inextricably intertwined in the reception of John Selden’s Mare Clausum/The Closed Sea (1635). The work’s writing and printing history is closely tied to Stuart foreign policy, particularly James I’s and Charles I’s attempts to tax the Dutch herring fisheries. Mare Clausum’s immediate impact on European international relations has received little attention from historians so far. It is clear, however, that government authorities in London, The Hague and Venice expected an official reply (...) from Hugo Grotius, author of Mare Liberum/the Free Sea (1609) and Swedish ambassador in Paris. Yet the latter declined to assist the Dutch authorities in this matter, blaming them for his imprisonment in 1618–1621 and his second banishment from Holland in 1632. The antipathy was mutual. The Dutch authorities abhorred Grotius’ pleas for religious tolerance and commissioned his Calvinist kinsman Dirk Graswinckel to respond to Selden instead. Graswinckel had already published Libertas Veneta/venetian Liberty (1634), a learned defense of the Republic of Venice’s political interests. In ‘Vindiciae maris liberi’/vindication of the Free Sea (written 1636–1637), he tried –but arguably failed – to reconcile Dutch claims to freedom of navigation, trade and fishing with Venetian claims to the Adriatic. It never appeared in print. (shrink)

This book introduces the reader to relevant logic and provides the subject with a philosophical interpretation. The defining feature of relevant logic is that it forces the premises of an argument to be really used in deriving its conclusion. The logic is placed in the context of possible world semantics and situation semantics, which are then applied to provide an understanding of the various logical particles and natural language conditionals. The book ends by examining various applications of relevant logic and (...) presenting some interesting open problems. It will be of interest to a range of readers including advanced students of logic, philosophical and mathematical logicians, and computer scientists. (shrink)

Typically seniors like others choose to avoid institutional care. However, when age-related infirmity requires it, they not only enter into the care of others, but they also do so as vulnerable members of society. As their frailty increases with age, so does their dependence on the professionals who care for them and on the enforcement of policies concerning their care. A qualitative case study involving seniors and their carers revealed that breaches of confidentiality, unprofessional behaviour and the non-enforcement of policy, (...) continue to hide the physical and emotional abuse perpetrated by nursing and other staff on vulnerable consumers. Professional ethics, including at a corporate level, enforcing policy, protecting whistleblowers and creating reporting mechanisms for aged care researchers, are amongst the recommendations arising from this study. (shrink)

A logic is called 'paraconsistent' if it rejects the rule called 'ex contradictione quodlibet', according to which any conclusion follows from inconsistent premises. While logicians have proposed many technically developed paraconsistent logical systems and contemporary philosophers like Graham Priest have advanced the view that some contradictions can be true, and advocated a paraconsistent logic to deal with them, until recent times these systems have been little understood by philosophers. This book presents a comprehensive overview on paraconsistent logical systems to change (...) this situation. The book includes almost every major author currently working in the field. The papers are on the cutting edge of the literature some of which discuss current debates and others present important new ideas. The editors have avoided papers about technical details of paraconsistent logic, but instead concentrated upon works that discuss more 'big picture' ideas. Different treatments of paradoxes takes centre stage in many of the papers, but also there are several papers on how to interpret paraconistent logic and some on how it can be applied to philosophy of mathematics, the philosophy of language, and metaphysics. (shrink)

Although the concept of food sovereignty is rooted in International Peasant Movements across the global south, activists have recently called for the adoption of this framework among low-income communities of color in the urban United States. This paper investigates on-the-ground processes through which food sovereignty articulates with the work of food justice and community food security activists in Oakland, California, and Seattle, Washington. In Oakland, we analyze a farmers market that seeks to connect black farmers to low-income consumers. In Seattle, (...) we attend to the experiences of displaced immigrant farmers from Latin America and their efforts to address their food needs following migration. In both cases, we find that US based projects were constrained by broader forces of neoliberalism that remained unrecognized by local activists. In Oakland, despite a desire to create a local food system led by marginalized African Americans, emphasis on providing green jobs in agriculture led activists to take a market-based approach that kept local food out of the economic grasp of food-insecure neighborhood residents. In Seattle, the marginalization of the immense agroecological knowledge of Latino/an immigrant farmers rendered local food projects less inclusive and capable of transformative change. Taken together, these very different cases suggest that a shift towards food sovereignty necessitates a broad acknowledgement of and resistance to neoliberalism. (shrink)

Umbilical cord blood banking is one of many biomedical innovations that confront pregnant women with new choices about what they should do to secure their own and their child’s best interests. Many mothers can now choose to donate their baby’s umbilical cord blood (UCB) to a public cord blood bank or pay to store it in a private cord blood bank. Donation to a public bank is widely regarded as an altruistic act of civic responsibility. Paying to store UCB may (...) be regarded as a “unique opportunity” to provide “insurance” for the child’s future. This paper reports findings from a survey of Australian women that investigated the decision to either donate or store UCB. We conclude that mothers are faced with competing discourses that force them to choose between being a “good mother” and fulfilling their role as a “good citizen.” We discuss this finding with reference to the concept of value pluralism. (shrink)

A theory of ersatz impossible worlds is developed to deal with the problem of counterpossible conditionals. Using only tools standardly in the toolbox of possible worlds theorists, it is shown that we can construct a model for counterpossibles. This model is a natural extension of Lewis's semantics for counterfactuals, but instead of using classical logic as its base, it uses the logic LP.

In this paper we discuss how Australian feminism has contributed to a better understanding of women’s economic position within Australian society. Through this analysis we seek to shed some light on the current implementation of the ‘women in business’ policy in Australia. We trace the development of this position from the early beginnings of unionism and wage centralisation through to the social change movements of the 1960s and 1970s. We then examine how the neo-liberal turn of the 1990s manifested itself (...) in a move from a focus on numerical representation of women, through Equal Employment Opportunity and Affirmative Action policies and initiatives, to one that concentrated on an individualist approach to women in business. We conclude that feminism has had its most significant impact at the level of public policy. However, recent epistemological turns in Australian feminism appear to have resulted in less attention being paid to materialist concerns, and furthermore have not been able to resolve the sameness/difference divide that continues to haunt feminist philosophy. (shrink)

The quantified relevant logic RQ is given a new semantics in which a formula for all xA is true when there is some true proposition that implies all x-instantiations of A. Formulae are modelled as functions from variable-assignments to propositions, where a proposition is a set of worlds in a relevant model structure. A completeness proof is given for a basic quantificational system QR from which RQ is obtained by adding the axiom EC of 'extensional confinement': for all x(A V (...) B) -> (A V for all xB). with x not free in A. Validity of EC requires an additional model condition involving the boolean difference of propositions. A QR-model falsifying EC is constructed by forming the disjoint union of two natural arithmetical structures in which negation is interpreted by the minus operation. (shrink)

This paper uses Avron’s algebraic semantics for the logic RMI to model some ideas in the philosophy of science. Avron’s relevant disjunctive structures are each partitioned into relevance domains. Each relevance domain is a boolean algebra. I employ this semantics to act as a formal framework to represent what Nancy Cartwright calls the “dappled world”. On the dappled world hypothesis, local scientific theories each represent restricted aspects and regions of the universe. I use relevance domains to represent the domains of (...) each of these local theories and I provide a formalisation of the salient relationships between so-called fundamental theories and local theories. I also examine ways in which the paraconsistent nature of RMI can be used to deal with inconsistencies within and between theories adopted by scientists. The paper ends with some suggestions about updating RDS given changes in the theories that science adopts. (shrink)

This paper has two aims. First, it sets out an interpretation of the relevant logic E of relevant entailment based on the theory of situated inference. Second, it uses this interpretation, together with Anderson and Belnap’s natural deduc- tion system for E, to generalise E to a range of other systems of strict relevant implication. Routley–Meyer ternary relation semantics for these systems are produced and completeness theorems are proven. -/- .

The paper describes a computational model that we have implemented in an experimental dialogue system. Communication in a natural language between two participants A and B is considered, where A has a communicative goal that his/her partner B will make a decision to perform an action D. A argues the usefulness, pleasantness, etc. of D, in order to guide B's reasoning in a desirable direction. A computational model of argumentation is developed, which includes reasoning. Our model is based on the (...) studies in the common-sense conception of how the human mind works in such situations. Theoretical considerations are followed by an analysis of Estonian spoken human–human dialogues. First, calls of clients to travel agencies are studied where a travel agent could use various arguments in order to persuade a client to book a trip. The analysis demonstrates that clients are primarily looking for information; argumentation occurs in a small number of dialogues. Secondly, calls of s... (shrink)

This paper contributes to the growing line of thought in bioethics that respect for autonomy should not be equated to the facilitation of individualistic self determination through standard requirements of informed consent in all healthcare contexts. The paper describes how in the context of donation for living related liver transplantation (LRLT) meaningful, responsible decision making is often embedded within family processes and its negotiation. We suggest that good donor risk communication in families promote “conscientious autonomy” and “reflective trust”. From this, (...) the paper offers the suggestion that transplant teams and other relevant professionals have to broaden their role and responsibility for risk communication beyond proper disclosure by addressing the impact of varied psychosocial conditions on risk interpretation and assessment for potential donors and family stakeholders. In conclusion, we suggest further research questions on how professional responsibility and role-taking in risk communication should be morally understood. (shrink)

There are a bewildering variety of ways the terms "realism" and "anti-realism" have been used in philosophy and furthermore the different uses of these terms are only loosely connected with one another. Rather than give a piecemeal map of this very diverse landscape, the authors focus on what they see as the core concept: realism about a particular domain is the view that there are facts or entities distinctive of that domain, and their existence and nature is in some important (...) sense objective and mind-independent. The authors carefully set out and explain the different realist and anti-realist positions and arguments that occur in five key domains: science, ethics, mathematics, modality and fictional objects. For each area the authors examine the various styles of argument in support of and against realism and anti-realism, show how these different positions and arguments arise in very different domains, evaluate their success within these fields, and draw general conclusions about these assorted strategies. Error theory, fictionalism, non-cognitivism, relativism and response-dependence are taken as the most important positions in opposition to the realist and these are explored in depth. Suitable for advanced level undergraduates, the book offers readers a clear introduction to a subject central to much contemporary work in metaphysics, epistemology and philosophy of language. (shrink)

This paper uses an atomistic ontology of universals, individuals, and facts to provide a semantics for ramified type theory. It is shown that with some natural constraints on the sort of universals and facts admitted into a model, the axiom of reducibility is made valid.

Informational semantics were first developed as an interpretation of the model-theory of substructural (and especially relevant) logics. In this paper we argue that such a semantics is of independent value and that it should be considered as a genuine alternative explication of the notion of logical consequence alongside the traditional model-theoretical and the proof-theoretical accounts. Our starting point is the content-nonexpansion platitude which stipulates that an argument is valid iff the content of the conclusion does not exceed the combined content (...) of the premises. We show that this basic platitude can be used to characterise the extension of classical as well as non-classical consequence relations. The distinctive trait of an informational semantics is that truth-conditions are replaced by information-conditions. The latter leads to an inversion of the usual order of explanation: Considerations about logical discrimination (how finely propositions are individuated) are conceptually prior to considerations about deductive strength. Because this allows us to bypass considerations about truth, an informational semantics provides an attractive and metaphysically unencumbered account of logical consequence, non-classical logics, logical rivalry and pluralism about logical consequence. (shrink)

In this paper we set out a semantics for relevant (counterfactual) conditionals. We combine the Routley-Meyer semantics for relevant logic with a semantics for conditionals based on selection functions. The resulting models characterize a family of conditional logics free from fallacies of relevance, in particular counternecessities and conditionals with necessary consequents receive a non-trivial treatment.

This paper presents a theory of belief revision that allows people to come tobelieve in contradictions. The AGM theory of belief revision takes revision,in part, to be consistency maintenance. The present theory replacesconsistency with a weaker property called coherence. In addition to herbelief set, we take a set of statements that she rejects. These two sets arecoherent if they do not overlap. On this theory, belief revision maintains coherence.

We group the existing variants of the familiar set-theoretical and truth-theoretical paradoxes into two classes: connective paradoxes, which can in principle be ascribed to the presence of a contracting connective of some sort, and structural paradoxes, where at most the faulty use of a structural inference rule can possibly be blamed. We impute the former to an equivocation over the meaning of logical constants, and the latter to an equivocation over the notion of consequence. Both equivocation sources are tightly related, (...) and can be cleared up by adopting a particular substructural logic in place of classical logic. We then argue that our perspective can be justified via an informational semantics of contraction-free substructural logics. (shrink)

This paper extends the theory of situated inference from Mares to treat two weak relevant logics, B and DJ. These logics are interesting because they can be used as bases for consistent naïve theories, such as naïve set theory. The concepts of a situation and of information that are employed by the theory of situated inference are used to justify various aspects of these logics and to give an interpretation of the notion of set that is represented in the naïve (...) set theories that are based on them. (shrink)