History of Modern Philosophy - From Nicolas of Cusa to the Present Time by Richard Falckenberg
page 66 of 811 (08%)
page 66 of 811 (08%)
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rooted in the nature of man, is eternal, unchangeable, and everywhere the
same. He begins by distinguishing with Gentilis the _jus humanum_ from the _jus divinum_ given in the Scriptures. The former determines, on the one hand, the legal relations of individuals, and, on the other, those of whole nations; it is _jus personale_ and _jus gentium_.[2] [Footnote 1: Hugo de Groot lived 1583-1645. He was born in Delft, became Fiscal of Holland in 1607, and Syndic of Rotterdam and member of the States General in 1613. A leader of the aristocratic party with Oldenbarneveld, he adhered to the Arminians or Remonstrants, was thrown into prison, freed in 1621 through the address of his wife, and fled to Paris, where he lived till 1631 as a private scholar, and, from 1635, as Swedish ambassador. Here he composed his epoch-making work, _De Jure Belli et Pacis_, 1625. Previous to this had appeared his treatise, _De Veritate Religionis Christianae_, 1619, and the _Mare Liberum_, 1609, the latter a chapter from his maiden work, _De Jure Praedae_, which was not printed until 1868.] [Footnote 2: The meaning which Grotius here gives to _jus gentium_ (=international law), departs from the customary usage of the Scholastics, with whom it denotes the law uniformly acknowledged among all nations. Thomas Aquinas understands by it, in distinction to _jus naturale_ proper, the sum of the conclusions deduced from this as a result of the development of human culture and its departure from primitive purity. Cf. Gierke, _Althusius_, p. 273; _Deutsches Genossenschaftsrecht_, vol. iii. p. 612. On the meaning of natural law cf. Gierke's Inaugural Address as Rector at Breslau, _Naturrecht und Deutsches Recht_, Frankfort-on-the-Main, 1883.] The distinction between natural and conventional law which has been already mentioned, finds place within both: the positive law of persons is called _jus civile_, and the positive law of nations, _jus gentium voluntarium_. |
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