Grotius’ theory of natural law
After analyzing Grotius’ formulation of the state of nature and natural law, social contract and international law, the author places emphasis on two insights. First, that a certain heuristic principle plays a central role in Grotius’ argument - the analogy between individuals and states in...
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| Format: | Article |
| Language: | deu |
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Institute for Philosophy and Social Theory, Belgrade
2015-01-01
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| Series: | Filozofija i Društvo |
| Subjects: | |
| Online Access: | http://www.doiserbia.nb.rs/img/doi/0353-5738/2015/0353-57381502436G.pdf |
| Summary: | After analyzing Grotius’ formulation of the state of nature and natural law,
social contract and international law, the author places emphasis on two
insights. First, that a certain heuristic principle plays a central role in
Grotius’ argument - the analogy between individuals and states in the state
of nature. Second, his firm belief that within the international framework
the protection of natural law of people and communities comes before respect
for state sovereignty. The author will argue that morally unacceptable
implications of these characteristics of Grotius’ theory, when we take into
account the way in which he defines the rights of punishment and property,
are in fact legitimation of interventionism and colonialism. The author
will also argue that Grotius initiated an influential tradition in
international law, characterized by a lack of clear boundaries between legal
and moral norms. |
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| ISSN: | 0353-5738 2334-8577 |