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Download The "Etiamsi Daremus" of Hugo Grotius: A Study in the by James St. Leger, M. M. PDF

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By James St. Leger, M. M.

In 1625, in his well-known treatise, The legislations of struggle and Peace, Hugo Grotius acknowledged that the usual legislations could exist "even if we must always concede that which can't be conceded with out the maximum wickedness, that there's no God, or that the affairs of fellows are of no challenge to him" ("etiamsi daremus ... non esse Deum").

This announcement of the "etiamsi daremus", has been the topic of sharp controversy for nearly 3 and a part centuries. a few have visible in it the emancipation of overseas legislation from medieval theology. Others cite it to turn out that Grotius was once the founding father of a brand new college of typical legislations. more moderen students, nevertheless, have proven that the concept that of the "etiamsi daremus" used to be universal to a number of Scholastic writers who instantly preceded Grotius, particularly, to Francis Suarez and Gabriel Vasquez.

In distinction to a number of authors who hyperlink the Grotian "etiamsi daremus" completely to Francis Suarez, Father St. Leger keeps that this concept that the usual legislations may exist even supposing God didn't exist, is alien to the felony doctrine of Suarez yet completely in accord with the doctrine of Gabriel Vasquez. From old assets he makes an attempt to teach that it's not merely attainable yet even possible that Grotius was once conversant in the average legislation doctrine of Gabriel Vasquez and that therefore this doctrine may perhaps were the resource of the "etiamsi daremus").

Father James St. Leger, M. M., used to be born in Buffalo, ny in 1931. He used to be ordained within the Catholic overseas challenge Society of the USA, the Maryknoll Fathers, in 1958. After finishing his doctoral experiences on the Dominican "Angelicum" collage in Rome, he again to the foremost Seminary of the Maryknoll Fathers in Ossining, big apple, the place he's now professor of canon legislations and the social sciences.

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Extra resources for The "Etiamsi Daremus" of Hugo Grotius: A Study in the Origins of International Law

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121-122. See also Pu« Specimen Controversiarum cirmt iu~ naturale ipsi nuper motarum », in the 1759 edition of [)r. turar et grntium (Frankfurt and Leipzig), 11, Eris Scandica, Chap. I, part. 1, p. 123: « Verum, qui naturalia jura a positiva. tem di11ponere aggredcretur, ante Hugonem. Grotium nl'mo l'xtitit ». See also Chap. I, part 5, pp. 125126. The Erilf Scandic(l may be found also in the Frankfurt-Leipzig edition of 1744, Vol. II. 32 Chroust, p. 122. Cf. king, a. l fil'ld of knowledge which has been neglected so far by moat.

Louis, 1954), p. 6 7, n. 68. l, consult the nluahle work by Hugo Fortuin, De na,tU4J,rrchtclijke grondslagen t·cut de Groot's t•olkrnrecht (The Hague, 1946), pp. 15-19; 113-114. -38so much so that we have been aecorded the special designation of his ' Son ', it must after all be acknowledged that he has entirely omitted not a few matters, some he has accorded but a passing touch, and introduced some other matters, whieh prove that after all even he was only a man 22 • Pufendorf saw it as his special vocation to complete the work begun by Grotius.

The edition of 1625 reads: « Et haec quidem quae jam diximus locum haberent •.. :.. -26with reality and being mutually contradictory. Just as even God, then, cannot cause that two times two should not make four, so He cannot cause that that which is intrinsically evil be not evil 11 • This remark of Grotius, that the natural law would exist « etiamsi daremus ... re belli ac pacis 18• To the minds of Grotian commentators, of historians, of philosophers of law and political science, it has epitomized the legal doctrine of Grotius and has earned for its author such titles as Emancipator of International Law, Founder or Father of International Law, Founder of the Law of Nature and of Nations, Father of Natural Law.

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