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1584), Suarez (1548–1617), and Gentilis (1551-1611). While in many respects their contributions to the science were valuable, the work of Grotius stands out preëminent among all the early writers.
Hugo Grotius (b. Delft, Apr. 10, 1583; d. Rostock, Aug. 28, 1645). Scholar; jurist; statesman ; good family; precocious; prodigious learning in many branches ; at fifteen with special embassy to France; at twenty historiographer to the United Provinces ; at twenty-five advocate-general of the fisc of Holland and Zealand ; married next year Mary van Riegesberg, a worthy help-meet; at thirty pensionary of city of Rotterdam ; same year one of deputation to England to settle maritime disputes. Grotius took active part in religious disputes, on which account in 1619 he was sentenced to imprisonment for life and confiscation of his property. Two years later, through cleverness of his wife, he escaped to Paris. Here days of adversity and study. In 1625“ De Jure Belli ac Pacis” published ; brought no profit but immediate and lasting fame. Disappointed in his hope to return to permanent residence in Holland ; is appointed Swedish ambassador at French Court, 1635–1645. Declines further service in 1645. Retires, honored in all lands; shipwrecked; died at Rostock, Aug. 28, 1645.1
Grotius's “ De Jure Belli ac Pacis” (1625). An attempt to bring into a systematic treatment those principles which have since become known as international law. Touches upon many other subjects; rich in quotations; broad philosophical basis gives it permanent value. Conditions in Europe at time of appear
1 Walker, “ Hist. Law of Nations,” pp. 283, 336.
ance of work gave it immediate and powerful influence in determining course of modern political history. Upon the foundation laid by Grotius the modern science has been largely built. Of course, many of the principles expounded by Grotius are no longer applicable, and many new principles, as the doctrine of neutrality, have gained recognition.
Zouch (1590-1660), the successor of Gentilis, as professor of Roman Law at Oxford, while a follower of Grotius in matter and method, deserves mention for his distinction between jus gentium and that law to which he gives the name jus inter gentes, in the French translation called Droit entre les Gens, later Droit International, and in the English, Law of Nations, and since the latter part of the eighteenth century when Bentham led the way, International Law.
Pufendorf (1632-1694) in his voluminous works in general follows Grotius.
Toward the end of the seventeenth century a school opposing the earlier writers arose. This school, headed by Rachel (1628–1691), assigned a stronger authority to the principles of international law, and gave more attention to usage, whether tacitly admitted or plainly expressed, and to compacts.
Bynkershoek (1673–1743), limiting his work to particular subjects in international law, gave to the eighteenth century several authoritative treatises which are justly regarded as of the highest worth. He especially defined the laws of maritime commerce between neutrals and belligerents (De Dominio Maris, 1702), gave an outline of ambassadorial rights and privileges (De Foro Legatorum, 1721), besides contributing to a much clearer
understanding of the general subject of international law.
Wolfe (1679–1754) published in 1749 his “ Jus Gentium.” This bases international aw on a sort of state universal, civitas maxima, made up of the states of the world in their capacity as voluntarily recognizing a natural law.
Vattel (1714-1767), an ardent admirer of Wolf, published in 1758 his “ Law of Nations,” which he based upon the work of Wolf. This work of Vattel was clear and logical and gained an immediate and wide influence, far surpassing that of his master.
Moser (1701–1786) brings into the science the posi. tive method which Rachel had hinted at in his work a hundred years before. He narrows his view to the principles underlying the cases of his own day, and would build the science on recent precedents. The method thus introduced has strongly influenced succeeding writers.
G. F. de Martens (1756-1801) combines in a measure the method of Vattel with the positive method of Moser in his “ Précis du Droit des Gens Moderne de l'Europe, 1789. This treatise has been a recognized standard.
Many special and general works appeared in the latter years of the eighteenth and early years of the nineteenth century. .
Wheaton (1785-1848), the foremost American writer on international law, published in 1836 his “ Elements of International Law,” which has long been recognized as a standard throughout the world.
Beside the great work of Wheaton justly stands Phillimore's “ Commentaries upon International Law.”
Many other works of highest merit have appeared during the latter half of the nineteenth century, such as those of Bluntschli, Travers Twiss, Calvo, Wharton, Pradier-Fodéré, and of the eminent authority, the late William Edward Hall. There are also many living writers whose contributions are of greatest worth."
1 See p. xix for list of authors and works.
14. PRACTICE AND USAGE.
(a) Prize and Admiralty courts.
(c) Courts of arbitration.
§ 14. Practice and Usage If for a time international intercourse follows certain methods, these methods are regarded as binding in later intercourse, and departure from this procedure is held a violation of international right. That collection of customs known as “The Law Merchant " is an example of a source of this class. Of this it
has been said, “Gradually, the usages of merchants · hardened into a cosmopolitan law, often at positive
variance with the principles of local law, but none the less acquiesced in for mercantile transactions, and enforced by tribunals of commanding eminence and world-wide reputation, such as the courts of the Hanseatic League and the Parloir aux Bourgeois at Paris.” 1
1 Jenks, “ Law and Politics in the Middle Ages,” p. 30.