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3 The Old and the New in the Hypothesis "Etiamsi daremus" of Grotius PROF. DR. JAVIER HERVADA* SUMMARY 1. Introduction. 2. Antecedents of the Grotian Hypothesis: a) The juridical tradition. b) The philosophical and theological tradition. 3. The hypothesis "etiamsi daremus" of Grotius. 1. Introduction Grotius, without doubt, is an outstanding figure in the history of Natural Law. His fame has certainly gone through different vicissitudes and his merits have been debated. Grotius has been qualified in different manners ranging from being the founder of the modern science of Natural Law - and thus the founder of the science of International Law - - to being the successor of the Spanish Scholasticism of the Seventeenth Centuryl. I tend to believe that it is undeniable that Grotius owes his fame to that which is new in his thought. I do not use the word new in the sense that it should suppose a rupture with preceding thought; Grotius had neither such a vocation nor such a manner, and the bonds that link him with earlier tradition are many2. However, he was a man who, in his work De lure Belli ac Pacis, knew how to come up with the
Grotiana – Brill
Published: Jan 1, 1983
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