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Reprint of the first edition. Written between 1604 and 1605, De Jure Praedae [On the Law of Prize], which remained in manuscript until 1868, is the earliest significant legal work by Hugo Grotius. His discussion of prize is not restricted to issues of legality; he seeks to determine also whether the capture of enemy material is honorable or expedient. He pursues these issues through an elegant argument based on natural law. Remarkable for its intellectual finesse and literary quality, De Jure Praedae is equally significant as the source of two of his most important writings. Mare Liberum (1609) is based on one of its chapters. It also contains an early version of De Jure Belli et Pacis (1625). In this regard, the book offers a valuable introduction to the issues explored in these later works. Appended to this reprint is Robert J. Fruin's valuable essay "An Unpublished Work of Hugo Grotius's." Written in 1868 and later republished in English in 1925 in Bibliotheca Visseriana: Dissertationum Ius Internationale Illustrantium, edited by Rijksuniversiteit te Leiden, it remains the principal study of this work. HUGO GROTIUS [1583-1645] a pre-eminent contributor to international legal doctrine, was an influential Dutch jurist, philosopher andwas an influential Dutch jurist, philosopher and theologian. His other important works include De Jure Belli ac Pacis (On the Law of War and Peace), originally published in 1625, which is widely considered to be the first master treatise on international law, and The Freedom of the Seas (Mare Liberum) (1609) which continues his plea for free trade among all nations.
This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
Illustrates the origin and ways of Western hegemony over other civilizations across the world.
The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 'Mare Liberum'. "The Free Sea" was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, "De Jure Praedae" ('On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod. Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. -- Back cover.
The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.