By Benjamin Straumann
Roman legislation within the country of Nature deals a brand new interpretation of the principles of Hugo Grotius' traditional legislation idea. Surveying the importance of texts from classical antiquity, Benjamin Straumann argues that sure classical texts, specifically Roman legislations and a in particular Ciceronian model of Stoicism, have been fairly influential for Grotius within the development of his concept of average legislation. The ebook asserts that Grotius, a humanist steeped in Roman legislation, had many purposes to hire Roman culture and explains how Cicero's ethics and Roman legislation - secular and delivering a doctrine of the liberty of the excessive seas - have been superb to supply the foundations for Grotius' country of nature. This attention-grabbing new learn bargains historians, classicists and political theorists a clean account of the ancient history of the advance of typical rights, normal legislation and of foreign criminal norms as they emerged in seventeenth-century early smooth Europe.
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Extra resources for Roman Law in the State of Nature: The Classical Foundations of Hugo Grotius' Natural Law (Ideas in Context)
Roelofsen 1989, 45 sees in the use of classical texts an “inadequacy of Grotius’ method,” which led to an inability to develop a normative role for actual state practice. Roelofsen misses the fact that Grotius could have no interest in granting actual state practice such a role. Bederman 1995/96, 10 lends too little significance to the historical context of De iure praedae when he says: “It seems inconceivable to me that Grotius . . ” However, Grotius’ natural law did not originally emerge at “the greatest possible distance from contemporary controversies” (345).
43 On the Law of War and Peace Almost twenty years passed between the completion of De iure praedae and the first edition of De iure belli ac pacis in 1625. 44 As prosecutor, Grotius had both a criminal law function and the task of protecting Holland’s property rights and financial interests. 46 In the United Provinces, the original theological dispute between supporters of the Leiden theologians Arminius and Gomarus on the question 43 45 46 44 See 24n4 above. For a short account of these contexts, see Straumann 2006b.
42 Stoic natural law in De legibus served primarily to resume and further develop an argument that had been dealt with in Cicero’s earlier work De re publica, in which the natural law doctrine of the Stoics had already been used to refute the rhetorical attacks advanced against Roman imperialism by the Academic skeptic Carneades. 35 36 37 38 39 40 41 42 Cic. Leg. 17: Non ergo a praetoris edicto, ut plerique nunc, neque a duodecim tabulis, ut superiores, sed penitus ex intima philosophia hauriendam iuris disciplinam putas?