Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

An Introduction to the Smaller Bodies of Water in Hugo Grotius’s Legal Theory

An Introduction to the Smaller Bodies of Water in Hugo Grotius’s Legal Theory Around the same time as his writing of De iure belli ac pacis, Hugo Grotius wrote a short tract: Introduction to the jurisprudence of Holland. He was the first to offer a systematic account of the substantive law of Holland, with a specific focus on rights over laws. I propose that by drawing a comparison between the Introduction and his other major law treatises, the key elements and differences of his argument in Mare liberum become clearer. Secondly, it shows a different side of Grotius as a legal theorist, one concerned with smaller legal issues surrounding property relations in Holland, where potential conflicts stemming from water damage are particularly common and likely. By focusing on how Grotius handles categories of smaller bodies of water, in Introduction but also in ibpand De iure praedae, his understanding of what makes some water susceptible to ownership is drawn out. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Grotiana Brill

An Introduction to the Smaller Bodies of Water in Hugo Grotius’s Legal Theory

Grotiana , Volume 39 (1): 7 – Dec 18, 2018

Loading next page...
 
/lp/brill/an-introduction-to-the-smaller-bodies-of-water-in-hugo-grotius-s-legal-0S6WSqg79K

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0167-3831
eISSN
1876-0759
DOI
10.1163/18760759-03900005
Publisher site
See Article on Publisher Site

Abstract

Around the same time as his writing of De iure belli ac pacis, Hugo Grotius wrote a short tract: Introduction to the jurisprudence of Holland. He was the first to offer a systematic account of the substantive law of Holland, with a specific focus on rights over laws. I propose that by drawing a comparison between the Introduction and his other major law treatises, the key elements and differences of his argument in Mare liberum become clearer. Secondly, it shows a different side of Grotius as a legal theorist, one concerned with smaller legal issues surrounding property relations in Holland, where potential conflicts stemming from water damage are particularly common and likely. By focusing on how Grotius handles categories of smaller bodies of water, in Introduction but also in ibpand De iure praedae, his understanding of what makes some water susceptible to ownership is drawn out.

Journal

GrotianaBrill

Published: Dec 18, 2018

There are no references for this article.