The Jurisprudential Analysis Of Grotius's Theory Of Punishment

Hugo Grotius is known as a founder of modern world order. His work named"The Rights of War and Peace"(De jure belli ac pacis libri tres ) is a monumental work of natural law and law of nations. Researching Grotius'thought has great importance to understand the jurisprudential foundation of the modern world order. On the other hand, it has the strategic significance to understand the complex international competitive situation. The author selects"On Punishment"of"The Rights of War and Peace"(II:xx) to analyse and understand Grotius's profound thought of punishment. In fact, the rupture between natural law what existed"On Punishment"of"The Rights of War and Peace"(II:xx) and traditional natural law is intimately related to the right of war to set up new world order. The principle of war right in Grotius's"The Rights of War and Peace",as it were, reflects incisively and vividly in"On Punishment"(II:xx). The author intends to clear up the jurisprudential foundation of the modern world order by unscrambling the chapter of"On Punishment"(II:xx).There are four parts in this thesis. The first part is the subject of"The Origin". It makes preparation for this intellectual atmosphere. The second part makes a theoretical preparedness to read Grotius and his work and this chapter. It consists of"Introduction"and"Research of Premises". Thereinto, the author makes a academic review in the"Introduction", and summarizes the situation of Grotius's reaearch in domestic and overseas. The third part is the uppermost part of this thesis. It occupies the most pages. It unscramble all fifty sections in the chapter of"On Punishment"(II:xx). As is known to all, Grotius's work is rhetoric and cockamamie. If we directly discriminates all fifty sections, it will look like very complicated and confused. Therefore, the author takes a compromising method, that divides it into two parts by the key No. 38 section. One contains No.1 section to No.37 section, the other one contains No. 38 section to No. 50 section. At the same time the author wound pick up several major topics and viewpoints. After the unscrambleing of all fifty sections in the chapter of"On Punishment"(II:xx), the author makes a epilogue in the fourth part, and examines the tremendous impact on later generations of Grotius by the comparison with Vico, who is also a mental giant. For the lack of space, this reading only gets a preception about the chapter of"On Punishment", which is about"the preception of natural law of commom human consciousness". This thesis provides a viewing angle to pry about the relationship between Grotius's theory and the jurisprudential foundation of the modern world order.