This thesis is an intellectual history of the 'Grotian tradition' from the works of Hugo Grotius to the contemporary writings of the 'English School'. Its central argument contends that, contrary to its contemporary conceptualisation, the Grotian tradition has not, historically speaking, been a tradition of thought about international society. Rather, it is a moral tradition, derived in essence, if not always in substance, from Grotius' most famous work De Jure Belli ac Pads, and perpetuated in the international legal writings of a range of scholars including Samuel Pufendorf, James Kent, Henry Wheaton, Cornelius van Vollenhoven and Hersch Lauterpacht before being transformed into its current form in the works of Martin Wight and Hedley Bull. In explicating this argument, this thesis pursues two inter-related lines of inquiry. The first is concerned with the meaning of the term 'Grotian', both in relation to Hugo Grotius and as it has been employed in subsequent scholarship. In doing so, it introduces a three-tiered moral scheme that is central to Grotius' thought and highlights its perpetuation in international legal and political thought. The second line of inquiry considers what it means, both in theoretical and practical terms, to designate a set of thinkers and ideas a 'tradition' and considers the epistemological ramifications of doing so. As such, it is concerned not only with the manner in which the term 'tradition' has been employed by proponents of the 'Grotian tradition' but seeks to highlight some of the broader implications associated with the construction of traditions for the discipline of International Relations.

Univ., Diss.--Rom, 2002.

This thesis examines the treatment of the theme of justice in the works, both poetry and prose, of Andrew Marvell and, in a final chapter, the justice of certain aspects of his behaviour. In order to do this, it seeks to locate particular works in the context of contemporary debates or discussions as to ancient rights, the ancient constitution (and competing theories as to the king's power) and the disagreement between Hugo Grotius and John Selden on the subject of the legal status of the sea and, more generally, the laws of nature and nations. !e discussion of the justice of his behaviour offers a reinterpretation of the Chancery pleadings and other records in a cluster of cases arising after Marvell's death out of the collapse of a bank in which his friend, Edward Nelthorpe, was a partner. It is argued that these records have, up to now, been misunderstood. The thesis concludes that Marvell's work evinces an ambiguity about justice, with the poetry tending to give voice to his scepticism, while the sense that justice might be at least partly achievable is more likely to appear in the prose works. The conclusion as to his actions is also a matter of some ambivalence: while the evidence does not show that he colluded in a fraud on the bank's creditors, the suspicion that he behaved badly towards his wife is complicated by a lingering uncertainty that he had, in fact, married.

Foreword This paper will be of value in answering continuing questions regarding John Milton's position on war and peace. The questions continue and are valid because Milton's works, as considered in the paper, offer support for both pro-war and pro-peace interpretations. The paper also addresses a middle-ground interpretation-that Milton's position can best be understood in light of the legal theories of Hugo Grotius, the seventeenth-century Dutch scholar who is generally accepted as the father of modern international law. The works considered include, among others, the Nativity Ode, the sonnets, Paradise Lost, Paradise Regained, Samson Agonistes (including post 9/11 controversy involving its alleged endorsement of terrorism), Christian Doctrine, and Milton's infrequently cited History of Britain. No ultimate answers are suggested except that more than three hundred years of Milton scholarship have left little unexplored regarding Milton's views on war and peace. Milton will always be known for his admiration of soldiers, particularly his employer, Oliver Cromwell, and for his military imagery, particularly in Paradise Lost. He will also be known as a man who lived in a time of constant warfare, and yet who valued and sought individual inner peace.

<p>The dissertation takes up the subject of humanitarian intervention in contemporary international law. It identifies a problem, The Dilemma of Humanitarian Intervention, which underlies almost all contemporary theorizing about the subject. In an attempt to find a more palatable means to address the problem of the violation of human rights, the dissertation turns to the work of Hugo Grotius. Through an analysis of international law and its theoretical and philosophical bases, a thorough critique of the state of contemporary international law is made. Using a close-text reading of Grotius, alternative theories are established concerning human rights and humanitarian intervention. The dissertation finds that when the concept of human rights is attached to other normative concepts like moderation or faith, the pressure to resolve all questions of justice in terms of rights can be lessened. Further, if contemporary theorists recognize that the opposition of sovereignty and intervention is a structural and institutional feature of international law, and not a necessary feature of the concept of sovereignty itself, the Dilemma may be overcome by not forcing policymakers to choose either a defense of sovereignty or a defense of human rights.</p> / Dissertation

Resumo: No desenrolar dos séculos XV ao XVII diversas descobertas e movimentos configuraram uma nova geografia. Não apenas o encontro das Américas e de novas rotas marítimas, como também as diferentes opções religiosas, modelos de governo e organizações comerciais resultaram em uma diferente configuração de mundo, que precisou ser compreendida e enfrentada pelos europeus e pelos povos com os quais eles se relacionavam. Dentre as demandas surgidas, a questão comercial e, decorrente dela, o travar de relações entre as diferentes nações tornou-se foco das atenções em fins do séc. XVI e princípio do séc. XVII, quando países como Inglaterra e Países Baixos iniciaram sua expansão comercial, ameaçando a supremacia das já estabelecidas expansões portuguesa e espanhola. A partir desse problema nstaurou-se um debate em torno dos argumentos de legitimidade do monopólio comercial ibérico, do poder e do código que regia as relações entre os países, e dos direitos de cada um deles, fosse concernente à expansão comercial, fosse nos demais relacionamentos travados entre povos, europeus ou não. A fim de contribuir com esta discussão, foram analisados e debatidos os escritos de dois juristas do princípio do éculo XVII, a saber: o neerlandês Hugo Grotius, em seu panfleto Mare Liberum, no qual defendeu a livre navegação e de um direito que regulasse as relações entre nações, desvinculado da Igreja Católica; e o português Serafim de Freitas, que na obra Do justo império asiático dos portugueses, versou em defesa dos monopólios comerciais e de expansão conquistados pelos portugueses e ratificados por éditos ontifícios, bem como, em defesa de que o poder supremo e regulador das relações entre os povos continuasse nas mãos da Igreja Católica.

Diss. Universiẗat Trier, 2008.

The conceptualist view of property is based on the conceptual system or hierarchy of rights conceived by Grotius and developed by the pandectists. It rests on the assumptions that ownership is neutral and timeless. As such it has a number of abstract, timeless and universal characteristics, namely absoluteness, uniformity and exclusivity. Combined with liberalism, this concept of property becomes the guarantee of liberty and equality. The first part of this study shows that not only are the assumptions historically unfounded, but this conceptualist view of property made liberty and equality for women, in particular, impossible. The liberal, conceptualist property concept is a modernist construct that cannot guarantee either liberty or equality. The question then becomes whether constitutionalism can do what conceptualism cannot- can die constitutional protection of property guarantee liberty and equality. The second part of this study suggests that the answer to this is an "it depends" kind of answer. It depends on the structure of a constitution, underlying philosophical, political and, above all, hermeneutics theories employed by courts. In the South African context courts need to reject the private-law conceptualist view of ownership in favour of a constitutional property concept. This last-mentioned concept should be based on the values and normative context of the 1996 constitution. As such it involves value choices and making a political stand. Courts need to abandon conceptualist frameworks and decide on the proportionality of limitations on property. The conclusion to this study suggests that a feminist understanding of human beings as socially constructed and constrained, so that democracy alone cannot provide an answer to the counter-majaritarian dilemma, is necessary far an understanding of property. The creative tension provided by the feminist conflict between a political agenda and a respect far contexts may provide a framework far adjudicating an property issues. / Private Law / LL.D.

In this thesis I have retrieved the modern language of the law of nature between the period 1625--1672. I have reconstructed this language as a response to the seventeenth century breakdown of society in Europe. / In Chapters 1, 2 and 3, I lay out Hugo Grotius' moral and political theory grounded in three irreducible principles of self-preservation, the primacy of society and consent. These principles lead Grotius to develop a rich and pluralistic theory. / Thomas Hobbes's theory calls into question the complex Grotian social and political arrangement and in its place provides an absolutist and homogeneous conception of the state. This is treated in Chapter 4. / In Chapters 5 and 6, I lay out Samuel Pufendorf's moral and political theory. Pufendorf accepts Grotius's and Hobbes' initial premises but argues for a 'regular' or homogeneous state. / The retrieval of the law of nature proposed in this thesis is important, for it radically calls into question the conventional manner in which we understand the seventeenth century. Among other things, this work illuminates the common foundation shared by contemporary liberals, communitarians and more radical theories.

The conceptualist view of property is based on the conceptual system or hierarchy of rights conceived by Grotius and developed by the pandectists. It rests on the assumptions that ownership is neutral and timeless. As such it has a number of abstract, timeless and universal characteristics, namely absoluteness, uniformity and exclusivity. Combined with liberalism, this concept of property becomes the guarantee of liberty and equality. The first part of this study shows that not only are the assumptions historically unfounded, but this conceptualist view of property made liberty and equality for women, in particular, impossible. The liberal, conceptualist property concept is a modernist construct that cannot guarantee either liberty or equality. The question then becomes whether constitutionalism can do what conceptualism cannot- can die constitutional protection of property guarantee liberty and equality. The second part of this study suggests that the answer to this is an "it depends" kind of answer. It depends on the structure of a constitution, underlying philosophical, political and, above all, hermeneutics theories employed by courts. In the South African context courts need to reject the private-law conceptualist view of ownership in favour of a constitutional property concept. This last-mentioned concept should be based on the values and normative context of the 1996 constitution. As such it involves value choices and making a political stand. Courts need to abandon conceptualist frameworks and decide on the proportionality of limitations on property. The conclusion to this study suggests that a feminist understanding of human beings as socially constructed and constrained, so that democracy alone cannot provide an answer to the counter-majaritarian dilemma, is necessary far an understanding of property. The creative tension provided by the feminist conflict between a political agenda and a respect far contexts may provide a framework far adjudicating an property issues. / Private Law / LL.D.