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Natural Law, The Foundation Of Modern International Relations

Posted on:2009-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:J H LinFull Text:PDF
GTID:2206360248451158Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Hugo Grotius(1583-1645),in a name of the father of the theory of the neoteric Natural Law, and the father of modern International Law. He turned the Natural Law of Middle Age to the neoteric Natural Law, He advocated all sovereignty were equal, all sovereignty should undertake the Law of Nature for peace. As for peace, all wars should undertake the right of war. This treatise takes chapter I of The Right of War and Peace which is the work of Grotius as beginning, analyzing Grotius how to bring forward the Natural Law and the logic of the Natural Law. The Law of Nature contains: the purpose of the Natural Law, the foundation of the Natural Law, the self-defendant of the Natural Law, the Faculty and Aptitude of the Natural Law, the right of the Natural Law, the war of the Natural Law, the Welfare of the Natural Law. This treatise also combines correlative datum all over the world, puts the Natural Law of Grotius into his age, puts the Natural Law into the history of the Natural Law. In The Right of War and Peace, Grotius pointed out: Natural Right is the Rule and Dictate of Right Reason, the Law of Nature is so unalterable, that God himself cannot change it. For better to understand the Nature Law of Grotius, this treatise dissertate the Law of Nature in the Commentary on the Law of Prize and Booty which is the forepart work of Grotius. In the work, Grotius pointed out: For the law of nature—that is to say, the law instilled by God into the heart of created things, from the first moment of their creation, for their own conservation—is law for all times and all places. The law of Nature in the Commentary on the Law of Prize and Booty is different with that in The Right of War and Peace, the reasons are as follow: Grotius indicted the former work to defend the interest of the Netherlands which was growing up and defend its the Prize and Booty. When Grotius indicted the latter work, the Netherlands had been powerful, and the Spain had been downfall, all the Europe got into fighting. If all countries serf-interested, all world would ruin. If the Netherlands kept on fighting, it would be a follow-up of the Spain. Consequently, the latter work of Grotius transcended the war itself and the interest, the Law of Nature in the latter work is the sublimation of theory. This treatise analyzes the nature and the Law of Nature from the Myth Age to the Middle Age, concluding that the Law of Nature is the standard to resolve the contradiction between the humane and their political society. Grotius lived in an age out of God, an age growing up sovereign states and self-government, an age of blown-up market economy, an age of humanism, an age of Reformation, an age of all complex relationship, the Natural Law of Grotius is an answer to his special age. This treatise analyzes the international relationship after Rome, educing two sign of Modern International relationship are: sovereignty and religious tolerance. Grotius explained his age with the Natural Law and supported the sovereignty, he also advocated religious tolerance. After The Right of War and Peace, he published The Truth of the Christian Religion, this work aimed to show all religions were equal, pagans, Muslims and Jews were equal to the Christian; All Christians should remember that they were baptized into the same Name, that of Jesus Christ, and that therefore there ought to be no Sects or Divisions amongst them. So Grotius advocated all followers of a religion should tolerate each other, he rejected the use of any kind of violence. During Grotius as the ambassador for Sweden to France, he devoted himself to his great theological projects: a commentary on the complete Bible, he advocated the unification of Christendom and Protestant unification. After 1640 he openly voiced his desire for reconciliation between Geneva, Rome and Constantinople. Although all his tries were defeated, the international relationship soon came after his claim, the Treaty of Westphalia as an example. That is the substance of the Natural Law in The Right of War and Peace: lay a foundation for the Modern International relationship.Grotius contributes mostly to the Law of Nature in two parts. First, Grotius set a system for the Law of Nature, the system depend on legal theory instead of theology, this is the most transformation for the Law of Nature. Grotius is different from other ideologues of the Natural Law who used supernatural power to resolve the problem of the Natural Law, and leaded the Natural Law to mystery. For Grotius, he researched the nature itself, more exactly, he researched human nature which told us the essence of ethic and politics and law. Grotius set a convincing legal system instead of theology which had lost its authority. Second, Grotius discovered the right in the Natural Law which became a revolutionary power. The right is combined with the right reason turn into the ultimate criterion. Person, groups, and states which have right reason can justly trade with other, exchange goods or his goods in other place. Moreover, they can covenant with each other, person with person or state with state, this is the foundation the theory of the neoteric Social Contract and the Modern International relationship. Furthermore, Grotius used the mathematic formula to testify the Natural Law, he used logos judgment directly, all of these copied by the followings.Although the method of the mathematic formula or used logos judgment directly, or used the system of the Natural Law instead of the system of theology, or the subjective right, all constitute the symbol of the neoteric Natural Law was forming. Grotius himself formed a turn on the Natural Law from The Right of War and Peace to the Commentary on the Law of Prize and Booty. After Grotius, all copy the system of Natural Law of Grotius instead others, bring into more systems of the neoteric Natural Law.In a word, the theory of the Grotius' Natural Law, not only gives birth to the neoteric Natural Law, but also effects the following far-reachingly. Grotius also gives birth to the theory of the Modern International relationship, as the foundation for the Modern International relationship. He turned the Law of Nature which defended the interest of the Netherlands into the peace for human by comprehending and tolerating each other. The Natural Law of Grotius involves many issues, but he settled the difficult issues, so he made an indescribable contribution for human.
Keywords/Search Tags:Grotius, Natural Law, Modern International Relationship, the Right of War, Peace
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