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Early modern

Hugo Grotius

1583–1645 · Dutch Republic · Jurist and diplomat

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Hugo Grotius was a Dutch jurist, poet and diplomat, a child prodigy who entered the University of Leiden at the age of eleven. He was imprisoned in 1618 after a political and religious struggle in the Dutch Republic, escaped in a book chest in 1621 and lived in exile in Paris. There he wrote De iure belli ac pacis (On the Law of War and Peace), published in 1625 in the midst of the Thirty Years' War. He argued that there is a law of nature, based on human reason and on the human need for society, that binds all people and states, and that it would stand, in a famous phrase, even if one supposed that God did not exist. From it, together with the consent of nations, he derived rules on property, treaties, the justification for war and conduct in war. His work is often seen as the foundation of modern international law.

The big idea

There is a natural law binding even states, and valid, he said, even if God did not exist, since it rests on human reason and sociability. From it he drew rules for war and peace between nations.

Main work

On the Law of War and Peace (1625)

Legacy

Often called the father of international law.

The school of thought

  • Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
← Earlier: Sir Edward CokeLater: Thomas Hobbes →

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