Combining Philosophers

Ideas for Lynch,MP/Glasgow,JM, R Keefe / P Smith and Hugo Grotius

unexpand these ideas     |    start again     |     choose another area for these philosophers

display all the ideas for this combination of philosophers


5 ideas

25. Social Practice / A. Freedoms / 7. Freedom to leave
A person is free to renounce their state, as long as it is not a moment of crisis [Grotius, by Rousseau]
     Full Idea: Grotius thinks that each person can renounce his state and leave the country. (n15: provided it is not to evade one's duty the moment the homeland needs us; this would be criminal and punishable; it would not be withdrawal, but desertion)
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Jean-Jacques Rousseau - The Social Contract (tr Cress) III.18
     A reaction: The obvious example is Britons going to America in 1939, or (more controversially) conscripts going to Canada to avoid fighting in Vietnam. I'm unclear whether the idea in the note is that of Grotius or of Rousseau). Is tax exile OK, then?
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD]
     Full Idea: Grotius and Pufendorf transformed the natural law tradition by starting from identifiable traits of human nature rather than ideas about what human beings ought to be.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by J.D. Ford - Pufendorf, Samuel p.863
A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck]
     Full Idea: For Grotius, there was a fundamental 'natural right' of self-preservation upon which all known moralities and codes of social behaviour must have been constructed, but it is balanced by a fundament duty or 'natural law' to abstain from harming others.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.2
     A reaction: This theory has the virtue of economy, but I don't see how you can clearly justify those particular natural rights and laws, without allowing others to creep in, such as a right to a decent share of food, or a law requiring some fairness.
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
     Full Idea: Grotius said there was a minimum core of morality (based on self-preservation), and disregarded the elaborate accounts of principles of natural law which Aristotelians had always sought to develop.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1
     A reaction: Aquinas would be the key Aristotelian here. I tend towards the Aristotelian view. If you go for the minimal view, it is not clear why there is a 'right' to self-preservation, rather than a mere desire for it.
25. Social Practice / E. Policies / 1. War / b. Justice in war
It is permissible in a just cause to capture a place in neutral territory [Grotius]
     Full Idea: It is permissible for one who is waging a just war to take possession of a place situated in a country free from hostilities.
     From: Hugo Grotius (On the Law of War and Peace [1625], II.ii.x), quoted by Michael Walzer - Just and Unjust Wars 15 n
     A reaction: This rejects Combatant Equality, allowing the just to do what is morally forbidden to the unjust.