Roman Law in the State of Nature ：The Classical Foundations of Hugo Grotius' Natural Law ( Ideas in Context )

Publication subTitle ：The Classical Foundations of Hugo Grotius' Natural Law

Publication series ：Ideas in Context

Author： Benjamin Straumann;

Publisher： Cambridge University Press‎

Publication year： 2015

E-ISBN: 9781316916773

P-ISBN(Paperback): 9781107092907

P-ISBN(Hardback): 9781107092907

Subject： D909.1 World

Keyword：政治理论

Language： ENG

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Description

This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights. This comprehensive analysis of the foundations of Hugo Grotius' natural law theory assesses for the first time the importance of texts from classical antiquity, especially Roman law and a specifically Ciceronian brand of Stoicism, and explores the significance of the Roman tradition for Grotius, a humanist steeped in Roman law. This comprehensive analysis of the foundations of Hugo Grotius' natural law theory assesses for the first time the importance of texts from classical antiquity, especially Roman law and a specifically Ciceronian brand of Stoicism, and explores the significance of the Roman tradition for Grotius, a humanist steeped in Roman law. Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe. Introduction; 1. Natural law in historical context; 2. A novel doctrine of the sources of law: nature and the classics; 3. Proving natural law: the influence of classical rhetoric on Grotius' method; 4. Social instinct or self-preservation?; 5. Justice for the state of nature: from Aristotle to the Corpus Iuris; 6. Grotius' concept of the state of nature; 7. Natural rights: Roman remedies in the state of nature; 8. Natural rights and just wars; 9. Enforcing natural law: the right to punish; Epilogue; Bibliography; Index. 'Grotius' significant influence on the development of international law is undisputed, and existing scholarship has investigated his works from almost every possible perspective. The more surprising it seems, then, that the Roman legacy and, in particular, the significant influence of Cicero's writings on Grotius, have been neglected. Straumann addresses this issue masterfully in his competent and original interpretation. His command of the ancient and early modern material is exemplary.' Peter Schröder, History Today 'Straumann's interpretation … is based on a line of argument that in many ways is original … [a few] words do not do justice to the riches of Straumann's use of classical sources to interpret Grotius, but his ambition goes beyond this.' Knud Haakonssen, Bryn Mawr Classical Review