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Single Idea 7403

[filed under theme 25. Social Practice / D. Justice / 2. The Law / d. Legal positivism ]

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.

Gist of Idea

Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation

Source

report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1

Book Ref

Tuck,Richard: 'Hobbes: a very short introduction' [OUP 2002], p.26


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.


The 9 ideas from Hugo Grotius

Nations are not obliged to help one-another, but are obliged not to harm one another [Grotius, by Tuck]
Everyone has a right of self-preservation, and harming others is usually unjustifiable [Grotius, by Tuck]
Democracy needs respect for individuality, but the 'community of friends' implies strict equality [Grotius]
A person is free to renounce their state, as long as it is not a moment of crisis [Grotius, by Rousseau]
Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD]
A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck]
Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
Moral principles have some validity without a God commanding obedience [Grotius, by Mautner]
It is permissible in a just cause to capture a place in neutral territory [Grotius]