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‘Sequuntur Dogmatica De Iure Praedae’ Law And Theology In Grotius’s Use Of Sourcesin De Iure Praedae

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Chapter Summary

This chapter presents a synthetic overview of the 'system of sources' that is at the basis of Hugo Grotius's De iure praedae, with special attention to theology. It concentrates on the intricacies of the normative structure that Grotius developed, precisely given the still underdeveloped status of the field and the ensuing necessity for it to be reigned in by a solid framework of general principles. After pointing out that Hugo Grotius applied in this work the mathematical method, it is observed that the law has a clear voluntaristic character: 'voluntas universorum ad universos directa lex dicitur'. Actually, natural law is consistent with Regula I precisely because it is bound to God as a manifestation of his will: 'Dei voluntas non oraculis tantum et extraordinariis significationibus, sed vel maxime ex creantis intentione apparet'. The chapter examines the last normative source: jus civile.

Keywords: De iure praedae; Hugo Grotius; natural law



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