Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Law, War and Method in the Commentary on the Law of Prize by Hugo Grotius

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Grotiana

The question whether both enemies in a war could claim the same right, was a fundamental topic in the early modern theory of war and Grotius treated it briefly in his On Law of Prize and Booty. The jurisprudence of the seventeenth century developed two explanations: the Scholastic tradition held that only one party could fight with right reason, whereas some authors of the humanistic tradition thought that in some cases it was impossible to solve this question. Grotius took elements from both traditions, applying them to two different levels of his argument. If we namely consider the rulers, we should accept the Scholastic conclusion that only one party can fight with right reason. But the subordinate soldiers do not always have an exhaustive knowledge of the situation and need first of all to acknowledge that their superiors command legitimately. Thus, each level uses a different logical relationship in the Aristotelian square because the enemies follow in the former case the pattern of contrary propositions, but in the latter they obey a pattern of subcontrary propositions.


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Grotiana — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation