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Single Idea 7406

[filed under theme 25. Social Practice / D. Justice / 2. The Law / c. Natural law ]

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.

Gist of Idea

A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm

Source

report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.2

Book Ref

Tuck,Richard: 'Hobbes: a very short introduction' [OUP 2002], p.61


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.


The 9 ideas from 'On the Law of War and Peace'

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]