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A Treatise of Legal Philosophy and General JurisprudenceThe Legal Philosophy of Hugo Grotius

A Treatise of Legal Philosophy and General Jurisprudence: The Legal Philosophy of Hugo Grotius [The legal philosophy of Grotius is complex, complicated, and (above all) eclectic: It fuses strands which might (independently) constitute a jurisprudentia. Since Grotius was an “Arminian” Calvinist who was horrified by the hyper-Calvinist notion that God simply makes justice by an “absolute decree,” he was an antivoluntarist in both law and theology; and that is why he Platonizingly says that “even if we were to say [etiamsi daremus] that there is no God,” there would still be uncreated natural justice (which is as natural as the truth of A = A or 2 + 2 = 4) (Grotius 1964, Prolegomena, pars 11; see Grotius 1925).] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Treatise of Legal Philosophy and General JurisprudenceThe Legal Philosophy of Hugo Grotius

Editors: Pattaro, Enrico; Canale, Damiano; Grossi, Paolo; Hofmann, Hasso; Riley, Patrick
Riley, Patrick
A Treatise of Legal Philosophy and General Jurisprudence — Jan 1, 2009
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Publisher
Springer Netherlands
Copyright
© Springer Netherlands 2009
ISBN
978-90-481-2963-8
Pages
365 –377
DOI
10.1007/978-90-481-2964-5_10
Publisher site
See Chapter on Publisher Site

Abstract

[The legal philosophy of Grotius is complex, complicated, and (above all) eclectic: It fuses strands which might (independently) constitute a jurisprudentia. Since Grotius was an “Arminian” Calvinist who was horrified by the hyper-Calvinist notion that God simply makes justice by an “absolute decree,” he was an antivoluntarist in both law and theology; and that is why he Platonizingly says that “even if we were to say [etiamsi daremus] that there is no God,” there would still be uncreated natural justice (which is as natural as the truth of A = A or 2 + 2 = 4) (Grotius 1964, Prolegomena, pars 11; see Grotius 1925).]

Published: Jan 1, 2009

Keywords: Human Nature; Legal Philosophy; Eternal Truth; Natural Justice; Tonic Rationalism

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