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  • 20 - The Laws of War- and Peace-Making

  • from Part IV - Grotius as a Legal Scholar
  • Edited by Randall Lesaffer, Katholieke Universiteit Leuven, Belgium, Janne E. Nijman, Universiteit van Amsterdam
  • Book:
    The Cambridge Companion to Hugo Grotius
    Published online:
    03 September 2021
    Print publication:
    16 September 2021, pp 433-456

  • Summary

    Grotius' two major treatises on the law of nations - De jure praedae and De jure belli ac pacis - both had the discussion of the just war doctrine as the backbone to their structure and argument. Whereas the older treatise was construed to argue the justice and legality of the taking of a Portuguese ship in East Indian waters, the more mature work aimed at a systematic exposition of the laws regulating the starting, waging and ending of war. Grotius offered a novel reading of the just war doctrine by rewriting it into the key of his general legal theory and his doctrine of natural rights as subjective rights under commutative justice. This chapter analyses Grotius' reframing o the just war doctrine and his re-systematisation of late-medieval and Renaissance legacies of theologians, canonists and civilians into a new doctrine of jus ad bellum, also giving some attention to its effect for the legal process of peace-making.