The Cambridge Companion to Eighteenth Century Thought

Thomas Paine, Rights of Man (New York: Penguin Classics,1984), 45. 28. Hugo Grotius, Natural Law Paper: Commentary on the Law of Prize and Booty (Indianapolis: Liberty Fund, 2006), 19, 20. 29. Samuel Pufendorf, Two Books of the Elements ...

The Cambridge Companion to Eighteenth Century Thought

A survey of influential thinkers and their ideas in eighteenth-century British philosophy, science, religion, history, law, and economics.

Property Piracy and Punishment

Roman Law Remedies as Natural Rights The concept of a state of nature constitutes the foundation of Hugo Grotius's law of nature ... Commentary on the Law of Prize and Booty, tr. by G. L. Williams, with W. H. Zeydel, ed. by J. B. Scott, ...

Property  Piracy and Punishment

Contains papers from a conference on De iure praedae, held in June 2005 at the Netherlands Institute for Advanced Study in the Humanities and Social Sciences.

The Project of Positivism in International Law

It was in the development of his legal argument that Grotius produced a radical redefinition of natural law and natural rights.87 Even ... 85 Hugo Grotius, Commentary on the Law of Prize and Booty [1603], Martine Julia van Ittersum (ed.) ...

The Project of Positivism in International Law

Positivism is seen as one of the most influential theoretical frameworks for understanding international law. This book investigates its origins and demonstrates how it has influenced the development of international law. It illuminates and re-assesses the work of Hans Kelsen and Lassa Oppenheim, two of the key architects of positivist thought.

Routledge Handbook of Transnational Criminal Law

non-governmental and intergovernmental pressure, in 2012 the UNODC issued a position paper articulating to its offices worldwide their ... 87 H. Grotius, De Jure Praedae Commentarius: Commentary on the Law of Prize and Booty, trans.

Routledge Handbook of Transnational Criminal Law

Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.

Grotius and Law

2 (Oxford: Clarendon Press, 1950); when De iure praedae (henceforth abbreviated as IPC) is cited in English, this translation will be used: Hugo Grotius, De iure praedae commentarius. Commentary on the Law of Prize and Booty, trans.

Grotius and Law

The essays collected for this volume represent the best scholarly literature on Hugo Grotius available in the English language. In the English speaking world Grotius is not as well known as his fellow 17th century political philosophers, Thomas Hobbes or John Locke, but in legal theory Grotius is at least as important. Even on central political concepts such as liberty and property, Grotius has important views that should be explored by anyone working in legal and political philosophy. And Grotius‘s work, especially De Jure Belli ac Pacis, is much more important in international law and the laws of war than anyone else‘s work in the 17th or 18th centuries. This volume is therefore useful not only to Grotius scholars, but also to anyone interested in historical and modern debates on key issues in political and legal philosophy more broadly, and international law in particular.

Profit and Principle

Hugo Grotius, Natural Rights Theories and the Rise of Dutch Power in the East Indies, 1595-1615 Martine van Ittersum ... (The Hague: Martinus Nijhoff, 1868) ——, Commentary on the Law of Prize and Booty, 2 volumes, The Classics of ...

Profit and Principle

An in-depth study of Hugo Grotius' involvement with the Dutch East India Company or VOC, this monograph uncovers the ideological origins of the First Dutch Empire, particularly the implications of Grotius’ rights theories for European merchants and their indigenous trading partners.

Surviving Amid Chaos

Article 33 to allow only a “peaceful means” of dispute resolution and a prohibition on the use of unilateral force until an actual armed conflict occurred); L. Henkin, ... See Commentary on the Law of Prize and Booty, supra note 20, p.

Surviving Amid Chaos

Now facing an unprecedented configuration of threats, Israel's leaders must decide whether to continue their nuclear ambiguity policy and work to develop a strategic posture with a refined nuclear strategy. This book examines Israel's evolving strategy and explains how it underscores the complexity of strategic interactions in the Middle East.

Sharing Responsibility

in At the Origins of Modernity: Francisco de Vitoria and the Discovery of International Law, ed. José María Beneyto and Justo Corti Varela (New ... Hugo Grotius, Commentary on the Law of Prize and Booty, ed. Martine Julia van Ittersum ...

Sharing Responsibility

A look at the duty of nations to protect human rights beyond borders, why it has failed in practice, and what can be done about it The idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility, Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena. With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as troubling ties to Western imperialism, evasion, and abuse. The project of safeguarding vulnerable populations can undoubtedly devolve into blame shifting and hypocrisy, but can also spark effective burden sharing among nations. Glanville considers how states should support this responsibility, whether it can be coherently codified in law, the extent to which states have embraced their responsibilities, and what might lead them to do so more reliably in the future. Sharing Responsibility wrestles with how countries should care for imperiled people and how the ideal of the responsibility to protect might inspire just behavior in an imperfect and troubled world.

The Navigator

This concept of " natural law ” is an underlying principle frequently forming the basis for legislative and ... generally accepted as the father of international law , in his Commentary on the Law of Prize and Booty , written in 1604 ...

The Navigator


Commentary on the Law of Prize and Booty

This Liberty Fund edition is based on the one prepared by Gwladys L. Williams and Walter H. Zeydel for the Carnegie Endowment for International Peace.

Commentary on the Law of Prize and Booty

The history of "Commentary on the Law of Prize and Booty "is complex. When Grotius's personal papers were auctioned in The Hague in 1864, Dutch scholars discovered that his famous Mare Liberum was just one chapter in a manuscript of 163 folios, written in justification of Jacob van Heemskerck's capture of the Santa Catarina, a Portuguese merchantman, in the Straits of Singapore in February 1603. A prominent Dutch historian of the nineteenth century, Robert Fruin, persuaded the classical scholar H. G. Hamaker to transcribe and publish it, and the Latin text was issued in 1868. This Liberty Fund edition is based on the one prepared by Gwladys L. Williams and Walter H. Zeydel for the Carnegie Endowment for International Peace. It combines a revised text and new material, making it a highly attractive edition of a work that is difficult to obtain.

The United States Air Force JAG Bulletin

Unwritten rules evolved premised on expected behavior of a rational being and became known as the natural law . ... In 1604 , Hugo Grotius discussed the English - Spanish contention in his Commentary on the Law of Prize and Booty .

The United States Air Force JAG Bulletin


Private Actors as Participants in International Law

A Critical Analysis of Membership under the Law of the Sea Armando Rocha ... IN: Liberty Fund, 2005) Natural Law and Enlightenment Classics —— Commentary on the Law of Prize and Booty [De Iure Praedae Commentarius: 1604–05] (Oxford: ...

Private Actors as Participants in International Law

This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.

Lectures in Aerospace Medicine 1960

It was known as " jus naturale , " or " the natural law " and meant in effect " the sum of those principles which ... generally accepted as the father of international law , in his Commentary on the Law of Prize and Booty , written in ...

Lectures in Aerospace Medicine  1960


War Power Police Power

References here will be to Grotius, Commentary on the Law of Prize and Booty, ed. Martine Julia van Ittersum ... See Stephen Buckle, Natural Law and the Theory of Property: Grotius to Hume (Oxford: Clarendon Press, 1991), p. 11.

War Power  Police Power

In this, the first book to deal with the concepts of war power and police power together, Mark Neocleous conducts a critical exploration of the ways in which war power and police power are intertwined in the form of state violence and exercised in social

De rebus divinis et humanis

... R. Tuck, Natural Rights Theories. Their Origin and Development, Cambridge 1979, 55–81. 4 Translations and works of Hugo Grotius used and cited in this article: Commentary on the Law of Prize and Booty, M.J. van Ittersum (ed.) ...

De rebus divinis et humanis

Im April 2019 wird Jan Hallebeek emeritiert. Damit endet seine aktive Laufbahn als von der Royal Netherlands Academy of Arts and Sciences (1989–1999) finanzierter Forscher, als Extraordinarius an der Theologischen Fakultät der Universität Utrecht (1997–2006) und zuletzt als Professor für Rechtsgeschichte an der Vrije Universiteit Amsterdam (seit 1999). Die Stationen seiner Tätigkeit spiegeln zwei seiner Schwerpunkte wieder: die Kirchen(rechts)geschichte einerseits und das klassische römische Recht und die Geschichte des römischen Rechts in Europa andererseits. In glücklicher Weise konnte Jan Hallebeek sein Engagement für die Altkatholische Kirche mit seiner Arbeit als Forscher verbinden. Die Beiträger greifen das breite rechtshistorische und kirchenrechtliche Spektrum auf, das der Jubilar in seiner eigenen Arbeit aufgespannt hat. Jan Hallebeek will become emeritus in April 2019. That will mark an end to his professional career as Researcher and Lecturer on a Royal Netherlands Academy of Arts and Sciences post (1989–1999), as Professor Extraordinarius at the Theological Faculty of the University of Utrecht (1997–2006), and as Professor on the Chair of Legal History at the Vrije Universiteit Amsterdam (from 1999 onwards). These positions reflect two focal points of his research: on the one hand Church history and Canon Law, on the other hand classical and particularly medieval Roman law and their history. They matched very felicitously his engagement for and in the Old-Catholic Church. The contributions centre on the themes and questions the honorand has pursued in his work till now.

Political Thinkers

Haakonssen, Knud, Natural Law and Moral Philosophy—From Grotius to the Scottish Enlightenment (Cambridge: ... One of the few works that pays particular attention to Grotius's longer work Commentary on the Law of Prize and Booty, ...

Political Thinkers

Political Thinkers is the most comprehensive introduction to Western political thought written by a team of internationally renowned scholars. The third edition provides students with a clear and engaging introduction to the canon of great theorists, from Socrates and the Sophists to contemporary thinkers such as Rawls and Arendt. Each chapter begins with a helpful chapter guide, a biographical sketch of the thinker, a list of their key texts, and their key ideas. Part introductions and a concluding chapter enable readers to understand the social and political contexts that inspired political thinkers to write. The third edition features two brand new chapters on Hannah Arendt, one of the most influential philosophers of the twentieth century, and Hugo Grotius, whose work on just war continues to inform international law today.

Analytical Legal Naturalism

It is interesting to note that in Grotius' Commentary on the Law of Prize and Booty, he defends a version of theological ... In fact, it remained unknown until it was discovered among his personal papers auctioned off in 1846.

Analytical Legal Naturalism

This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.

Choice and Consent

Gottel,L., 'Risky womenand Canadian sexual assaults law',paper presentedat the Annual Meetingof the Law and Society Association, Berlin, July 2007. ... Grotius, H., Commentary onthe Law of Prize and Booty, Williams, G.(trans).

Choice and Consent

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

Property Land Revenue and Policy

John Maxcy Zane and J.M. beck, The Story of Law, garden city: doubleday, doran, 1927, p. ... 354. hugo grotius, Natural Law and Enlightenment Classics: Commentary on the Law of Prize and Booty, K. haakonssen and M.J. ittersum, eds., ...

Property  Land  Revenue  and Policy

For the first century-and-a-half of its nearly 275 year existence, the English East India Company remained ostensibly a mercantile enterprise, satisfied to simply trade, competing with other European traders. In the middle of the eighteenth century, as a response to French expansion in India, the East India Company redefined itself, becoming an active participant in India’s ‘game of thrones’. Through the use of its military might, only tentatively supported by the English Crown and Parliament, the Company dominated trade, became a king-maker, and ultimately a colonial administrator over much of the Indian Subcontinent. The Company had become a state in the guise of a merchant. The Company consolidated its position in Bengal, then began to exert its power by toppling local potentates and absorbing one princely state after another. Confronted with a land system that was built on custom and tradition, and not law, with no tradition of land ownership, the British were forced to formulate a new land tenure and revenue system for India, one based on British principles of property. Permanent Settlement was the new government’s first attempt at creating a new revenue system. Through its creation, for the first time, private property rights were conferred on the formerly non-landowning zamindars. Which, as this authoritative volume notes in turn, created a land market, destabilizing the political and social structure of India irretrievably.

Rights

De Jure Praedae Commentarius: Commentary on the Law of Prize and Booty, 2 vols, G. L. Williams (trans.) with W. H. Zeydel. Oxford: Clarendon Press. ... The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith.

Rights

The language of "rights" pervades modern social and political discourse - from prisoners' to unborn babies' - yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and introduction to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today.