Grotius Explore The Right Of War

There are two kinds of traditional thought about the right of war in the late sixteenthCentury, namely "humanism" and "scholasticism". Following the two traditions,grotiusthought about the right of war officially entered people’s perspective.Grotius wrote<commentary on the of prize and booty>as a defense for that the DutchEast India Company capture "Catherine". The essay has three paragraphs. They are twopreconditions and relevant conclusion. Grotius completed the defense, using law and fact.The right of war was defined as launching and plunder by Grotius in<commentary on the ofprize and booty>.He focused on the legitimacy of waging war and concluded with thelegitimacy of plunder.Grotius thought waging war is feasible as long as there is a good reason. Whether it isdivine law, natural law or international law, is never deny a war based on a good reason.Meanwhile, exercising power of waging war is a right relief for the goodies. There is nosenior organization between countries that can referee their disputes. Therefore, in theabsence of judicial remedy, the war becomes the only way to safeguard their rights. Inaddition, in the course of the war, the goodies must follow certain procedures, to make thewar more justicial. The war can be efficient and justicial only by following certain procedures.Based on the legitimacy of waging war，Grotius thought, in the justice war, to make up fortheir losses by plundering is perfectly legal. At the same time, exercising power of plunderingis also a right relief. The goodies in the war suffer a loss inescapable, whether itwas destroyed by enemy before the war or consuming in the war. Therefore, the goodies canexercise power of plunder in the war. It is a cover for their own property, and a kindof maintenance of their rights. When exercising power of plunder in the war, there must be acertain limitation that based on their own losses. It can not be unscrupulous to plunder,otherwise, the justice of the war will be upside down. Grotius insisted his native Dutch isundoubtedly the victim and the good in the disputes with Portugal. The Dutch has enoughreasons to wage war against Portugal to maintain their rights. Plundering "Catherine" is aremedy for its property losses, and a kind of right relief. It is also not beyond the category ofthe losses that Dutch has suffered. It is undisputed justicial.Accordingly, Grotius broke through the traditional right view of war. He made the right of war extend to the right of war plunder. Whether the right of waging war or war plunder is akind of right relief, and a kind of maintenance of the goodies’ rights in the war. Grotius furtheremphasized waging war must abide by certain procedures. When exercising power of plunderin the war, there must be a certain limitation that based on their own losses. From Grotius’perspective, there must be a certain limitation for the war that can prevent the disorder of thewar, then gradually towards peace.