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Natural Rights And Roman Law In Hugo Grotius’s Theses LVI, De Iure Praedae And Defensio Capitis Quinti Maris Liberi

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Chapter Summary

This chapter gives an account of how Hugo Grotius in his early natural law works developed a conception of subjective natural rights by reference to Roman law remedies. It provides a brief discussion of Grotius's right to self-defense and its Ciceronian foundation. The chapter deals with the right to private property and the right to enforce contractual claims. In the early, hitherto unpublished manuscript Theses LVI, a very important source for the development of Grotius's thought on rights in a state of nature; Grotius already used the term ius in an obviously subjective and individuated sense. The idea of a numerus clausus of rights that one can have, as put forward in De iure praedae as well as in De iure belli ac pacis , can be seen in the Theses LVI too.

Keywords: contractual rights; De iure belli ac pacis; De iure praedae; Hugo Grotius; Roman law



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