The Life and Legal Philosophy of Hugo Grotius

The Life and Legal Philosophy of Hugo Grotius

View Points

Biography Continued

• He is the founder of international law, a lawyer, historian, theologian, and a poet.
• He was sentenced to life in prison in 1618 due to rebllion against The Remonstrants. He escaped Prison in 1621.
• In 1634, he was the Swedish Ambassador to France.
• He helped to end the 30 years war

• Theological issue that caused him grief was the Christian Unity Project- harmonizing both the various Protestant factions and the Protestants with the Catholics
• Concept of natural law had strong impact on the philosophical and theological debates and political developments during the 17 and 18 century.
• In Grotius' understanding, nature was not an entity in itself, but God's creation. Therefore his concept of natural law had a theological foundation.

Work Cited

http://www.constitution.org/gro/djbp_101.htm

http://plato.stanford.edu/entries/grotius/#NatLaw

http://www.britannica.com/EBchecked/topic/246809/Hugo-Grotius

http://www.nndb.com/people/685/000096397/

Concept of Justice

Because of his idea that the natural law was created by God, he says many things about law as it relates to theology

• God is Justice so his laws are therefore just
• The Bible is a way to judge moral character and actions
• The natural laws are divine so it is impossible for a person to truely comprehend it
• Going against God is unjust (ex. not following the commandments)
• Those that do not follow God's laws should be punished

Biography

Viewpoints continued

• Born on April 10, 1583 C.E in Delft, Holland and died August 28,1645 C.E in Rostock, Germany
• He comes from a well educated and wealthy family
• At the age of 8 years old, he began to write skilful elegies in Latin. At age 11, he was a student in the Faculty of Letters at the University f Leiden.
• In 1598 King Henry IV hailed him as the "Miracle of Holland"

• The Old Testament contained moral precepts (e.g. the Decalogue), which Christ confirmed and therefore were still valid. They were useful in interpreting the content of natural law. Both biblical revelation and natural law originated in God and could therefore not contradict each other.
• He influenced among others Samuel Pufendorf and John Locke, and by way of these philosophers his thinking became part of the cultural background of the Glorious Revolution in England and the American Revolution.

Civil Disobedience

Because of his view on natural law and that the useful one should not be fought against it is reasonable to assume that so long as the state was proven to be useless to the people who reside in it that civil disobedience would be a valid option.

Strengths and Weaknesses

Writing Sample

However if the state were to become useful to the people again it would only mae sense to stop resisting them because they are useful and things that are useful should not be fought against

From On the Law of War and Peace

CHAPTER 1: On War and Right

I. THE disputes arising among those who are held together by no common bond of civil laws to decide their dissensions, like the ancient Patriarchs, who formed no national community, or the numerous, unconnected communities, whether under the direction of individuals, or kings, or persons invested with Sovereign power, as the leading men in an aristocracy, and the body of the people in a republican government; the disputes, arising among any of these, all bear a relation to the circumstances of war or peace. But because war is undertaken for the sake of peace, and there is no dispute, which may not give rise to war, it will be proper to treat all such quarrels, as commonly happen, between nations, as an article in the rights of war: and then war itself will lead us to peace, as to its proper end.

Some strengths of Hugo Grotius are:

• He was a very quick learner, age 9 wrote Latin verses, age 12 went to university, age 15 edited encyclopedia work of Martianus Capella.
• On the Law of War and Peace was considered to be a great contribution to International Law
• Well trusted since the Dutch East India Company asked Grotius to produce a work legally defending that, by claiming a monopoly on the right of trade, Spain-Portugal had deprived the Dutch of their natural trading rights

Contemporary Controversial Issue

One of the controversial points in Grotius' ideology was the point that claims a person should not fight back against someone who is useful to others.

Some Weaknesses of Hugo Grotius are:

• Not the most eloquent speaker, his mistake caused the Swedish chancellor to travel to Paris himself
• Not royal and never really held power, his death was caused partially by the new ruling power of Sweden

This means that if one were to have influence over others it would be okay for them to attack you because they are a useful person and thus should not be resisted.