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"Commissioned in October 1604 by the United Dutch East India Company, Hugo Grotius's Commentary on the Law of Prize and Booty was intended to justify the Dutch capture in 1603 of a wealthy Portuguese merchantman, the Santa Catarina, in the Strait of Singapore. In a clever and intricate defense of international free trade, Grotius (1583-1645) introduced the notion of a man as a sovereign and free individual with a right to self-defense and, by extension, the right of a company of private merchants to establish a trade empire."--Jacket.
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, scholars discovered that Mare Liberum was just one chapter in a manuscript of 163 folios, written in justification of the capture of the Portuguese merchantman Santa Catarina in the Strait of Singapore in February 1603. Robert Fruin persuaded the scholar H.G. Hamaker to transcribe and publish it in 1868. Knud Haakonssen, the General Editor of the Natural Law and Enlightenment Classics series, states,?Grotius's work on the right of prize and booty is unusual. It has been argued in some of the most prominent recent scholarship that the work, while never published by Grotius himself, was the intellectual resource for much of his most important work. One chapter of the manuscript was used for his famous work on the free sea, Mare Liberum, and many of the most important features of his greatest work, De Jure Belli ac Pacis (The Rights of War and Peace), are either derived from, or revised versions of, the earlier writing."
In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.