Prolegomena: De Jure Belli ac Pacis Libri TresHugo GrotiusBackground- Hugo Grotius (b. 10 April 1583 - d. 28 August 1645) is often credited with laying the foundations for international law based on a theory of natural law. o However, while he is frequently regarded as the founder of international law, this“both ignores the contributions of his predecessors and reads back into his work ideas that belong to a later period.”  Grotius first achieved fame as a poet and later for writing, The Law of Warand Peace (1625) in which he presents, in embryo, a powerful theory of international justice. Prolegomena - Grotius’ intention is to discuss the body of law concerned with the mutual relations among states or rulers of states. - Grotius argues against those who say that there is no natural law. o Carneades, who Grotius uses as a pleader against justice, argues that “for reasons of expediency, men imposed upon themselves laws, which vary according to customs and among the same peoples often undergo changes as times change.”  “Moreover that there is no law of nature, because all creatures, men as well as animals, are impelled by nature toward ends advantageous to themselves.”  “That consequently, there is no justice, or, if such there be, it is supreme folly, since one does violence to his own interests if he consults the advantage of others.” - Grotius argues against this, saying that human beings are a different kind of animal from other animals, that humans desire a peaceful and organized social life, and that, therefore, it can’t be auniversal truth that human beings are impelled by nature to only pursue their self-interests. - Just as some animals put the good of their offspring before themselves, and children have a natural disposition to help others,so too do mature men act this way, in the knowledge that they have a special gift of speech and knowledge. - Maintenance of social order is the source of (natural) law. - Because man has a strong bent towards social life and the power to decide what is good, this means that the nature of man follows to a well-tempered judgment o i.e. human beings act rationally, not wanting to be lead astray by rash impulses etc. Anything that is at variance with human rationality is also contrary to the law of nature (i.e. to the nature of man). - This leads to our exercise of judgment o i.e. the propensity to give preference to helping kinsmen over strangers, the poorover the rich  Long ago this kind of judgment was thought to be part of the law, now law is understood to be more based on leaving another that which belongs to him or fulfilling obligations to him.  Grotius’s focus here in regard to the social inclination of human beings is not on benevolence and working together, but on autonomous individuals not harming each other. - Grotius argues that these facts would be true without God, but that God is the all-powerful creator and we owe all to Him. - Another source of law is freewill of God. o Law of nature, relating to the social life of man also stems from God. - God has made our fundamentally good traits more clear. - Rule of nature to abide by pacts, from this municipal law and its bodies stems. - Nature of man (leading us into mutual relations in society) o Law of nature  Obligation which arises from mutual consent  Municipal law - Law not founded on expediency alone. o No state so powerful that it won’t at some point need alliances with other states.- If no association of men can be maintained without law (Aristotle) then surely association which binds together the human race, i.e. states, needs laws. - War ought not to be undertaken except for the enforcement of rights, and once undertaken it should be carried only within the bounds of law and good faith. - Judgments are effective against those who feel they are too weak to resist, and wars are undertaken for those who are equally strong or think they are. - For wars to be justified, they must be carried out with no less scrupulousness than judicial proceedings are to be. - The law which is valid amongst nations is valid for war and in war. o In the Christian world, many men have acted in a frenzied and barbarous way in war, but a middle ground must be struck between nothing justifying war, and everything justifying war. - Part of Grotius proof for the law of nature comes from the testimonies of philosophers, historians, poets, and orators. o But his basis is not just on testimonies, but on characters of the matter i.e. anything which can’t be deduced by a sure process of reasoning, but is clearly everywhere, must have originated from the free will of man. - Grotius argues that the Old Testament does not set forth the law of nature, but it can be a source of the law of nature as long as a distinction is made between the law of men (in relation to one another) and the law of God. Whether it is Lawful to Wage War - That war is not in conflict with the law of nature is proved by several considerations. - Grotius sets out two principles of nature to test the legality of war. o The principle of individual self-preservation  i.e. the idea that everyone desires their body to be in good order o The conformity of things with reason, which is superior to the body. Conformity with moral goodness becomes the principle object. - “Right reason ought to be more dear to us that these things through which instruments we have been brought to it.” - So in investigating the law of nature, it is necessary to see what is consistent with the fundamental principles of nature. - There is nothing in the first principle, of self-preservation, which opposes war since preservation and gain which are the ultimate motivators of war are in accordance with this first principle. o The use of force is not inconsistent, since nature gives to each animal the strength sufficient for self-defense and self-assistance. - The second principle, concerning right reason and the nature of society, doesn’t prohibit the use of force, only that which is in conflict with society and that which attempts to take away the rights of others. - Therefore, it is not contrary to the nature of society to look out for one’s own interests, provided the rights of others are not infringed on, and therefore the use of force which does not violate these rights of others is not unjust. Study Questions - What is the source of natural law for Grotius? o Grotius defines the source of