胡果·格劳秀斯

作品

• 1609海洋自由论

  应荷兰东印度公司的要求匿名出版，原是一部关于捕获法的更大手稿中的一章：海洋不能被占有，航行和贸易向所有民族开放——以此反对葡萄牙对东印度航线的垄断主张。

• 1625战争与和平法

  论民族之间之法的三卷书：植根于人的社会性的自然法即使没有上帝也依然有效；战争只能出于正当理由，即使如此也必须遵守法律与节制的界限。

立场

Grotius is on the map as a founder of modern natural law and of the law of nations. In “On the Law of War and Peace” he grounded law in human nature, above all in the desire for an ordered social life (appetitus societatis): what reason recognises as compatible with this sociability is natural law, and it would hold “even if we were to concede that there is no God” – a sentence that became a symbol of the separation of law from theology, although Grotius added that this could not be conceded without the utmost wickedness. On this basis he set out the causes that justify war (defence, recovery of property, punishment), the rules that bind belligerents and the duty of moderation even in a just war, drawing on Roman law, the Spanish scholastics and the ancient authors. His theory of rights as a moral quality of persons influenced Hobbes, Pufendorf and Locke, and Adam Smith credited him with the first attempt at a system of natural jurisprudence. “Mare liberum” argued that the sea cannot be owned and is open to the trade of all nations. Grotius also wrote theology, notably “De veritate religionis Christianae” (1627), and history. Recent research has shown how closely his legal arguments were tied to the interests of the Dutch East India Company and how he treated slavery and colonial expansion; this is set out under “Context & critique”.

生平与背景

Hugo Grotius (Huig de Groot) was born on 10 April 1583 in Delft. A child prodigy, he entered the University of Leiden at eleven and in 1598 accompanied the statesman Johan van Oldenbarnevelt on an embassy to France. He practised as a lawyer in The Hague, became historiographer of Holland and in 1607 advocate-fiscal; in 1613 he became pensionary of Rotterdam. From 1604 he wrote for the Dutch East India Company a legal defence of its seizure of the Portuguese ship Santa Catarina, of which only “Mare liberum” (1609) was published in his lifetime. In the conflict between Remonstrants and Counter-Remonstrants he sided with Oldenbarnevelt; in 1619 he was sentenced to life imprisonment in Loevestein castle, from which he escaped in 1621, hidden in a book chest. In exile in Paris he wrote “De iure belli ac pacis” (1625); from 1634 he served as Swedish ambassador to France. He died in Rostock on 28 August 1645, after a shipwreck.

其他主要作品

• De iure praedae commentarius (written 1604–06, published 1868)
• Mare liberum (1609)
• De antiquitate reipublicae Batavicae (1610)
• De iure belli ac pacis libri tres (1625)
• De veritate religionis Christianae (1627)

出现在

• 争论 ‘战争与和平：武力何时正当？’