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4 - The Rule of Law

Grotius

from Part I - Towards the Rule of Law

Published online by Cambridge University Press:  05 August 2021

Martti Koskenniemi
Affiliation:
University of Helsinki
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Summary

Trying to find intellectual space between theology and raison d’état, the Protestant Hugo Grotius aimed to derive an autonomous sphere of legality from the natural inclination of humans to follow rules even when that might appear against their immediate self-interest. The rules he wrote into De iure belli ac pacis (On the Rights of War and Peace) combined a contractual justification of absolutism with a system of individual rights that he believed underwrote the spectacularly successful commercial practices of his native Holland. This rule-system would accommodate the actual practices of European warfare and government while also appealing to the better natures of European rulers. Unlike Gentili, Grotius viewed law as a moral science that engaged both the external behaviour as well as the conscience of those who govern.

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Chapter
Information
To the Uttermost Parts of the Earth
Legal Imagination and International Power 1300–1870
, pp. 280 - 346
Publisher: Cambridge University Press
Print publication year: 2021

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  • The Rule of Law
  • Martti Koskenniemi, University of Helsinki
  • Book: To the Uttermost Parts of the Earth
  • Online publication: 05 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781139019774.006
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  • The Rule of Law
  • Martti Koskenniemi, University of Helsinki
  • Book: To the Uttermost Parts of the Earth
  • Online publication: 05 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781139019774.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Rule of Law
  • Martti Koskenniemi, University of Helsinki
  • Book: To the Uttermost Parts of the Earth
  • Online publication: 05 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781139019774.006
Available formats
×