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Ideas of Hugo Grotius, by Text

[Dutch, 1583 - 1645, Born in Delft. A lawyer. Died of pneumonia caught at the court of Queen Christina.]

1625 On the Law of War and Peace
p.26 Everyone has a right of self-preservation, and harming others is usually unjustifiable
     Full Idea: Grotius said that all men would agree that everyone has a fundamental right to preserve themselves, and that wanton or unnecessary injury to another person is unjustifiable.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1
     A reaction: Who cares if it is 'justifiable'? Do I have to 'justify' killing a mosquito if it lands on my arm? Grotius is taking a step beyond saying that people should defend themselves, to say that they have a 'right' to - the only truly basic right.
p.26 Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation
     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.
p.28 Nations are not obliged to help one-another, but are obliged not to harm one another
     Full Idea: Grotius explored the implications of the idea that nation-states were under no obligation to help one another, but they were obliged not to harm each other.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1
     A reaction: This is quite a striking disanalogy between accepted personal morality and political morality. There are signs in recent years of some recognition that other nations should not just sit and watch suffering.
p.61 A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm
     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.
p.90 Democracy needs respect for individuality, but the 'community of friends' implies strict equality
     Full Idea: There is no democracy without respect for irreducible singularity, but there is no democracy with the 'community of friends' without the calculation of majorities, without identifiable representable subjects, all equal.
     From: Hugo Grotius (On the Law of War and Peace [1625]), quoted by Simon Glendinning - Derrida: A Very Short Introduction 7
     A reaction: [source not given] Derrida calls this conflict 'tragic'. The obvious reply is that equality is not an absolute. We can be equal in voting rights while being unequal in height or musical talent.
p.203 A person is free to renounce their state, as long as it is not a moment of crisis
     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?
p.229 Moral principles have some validity without a God commanding obedience
     Full Idea: In the Prolegomena to his work there is a famous statement that moral principles laid down in the work would have some degree of validity even if there was no God commanding obedience.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Thomas Mautner - Penguin Dictionary of Philosophy p.229
     A reaction: I am not clear why Grotius felt obliged to qualify his claim with the phrase 'some degree'. I don't see how God's command can affect the 'validity' of morality, or how there can be a middle ground between dependence on and independence of God.
p.863 Grotius and Pufendorf based natural law on real (rather than idealised) humanity
     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
II.ii.x p.246 It is permissible in a just cause to capture a place in neutral territory
     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.