Chapter 3: Sovereignty, law and war: Grotius in the colonies Flashcards
Grotius and sovereignty
How does Grotius build on natural law?
Grotius builds on this to explain that natural law is a set of rationally accessible moral rules by which all human beings are capable of abiding. States are necessary because humans do not always obey natural law so it has to be enforced by systems of crime and punishment. This idea has significant implications for western political theory.
–> Provides foundation for the notion of universal entitlements or rights as belonging to all human beings
what is natural law?
there is a single, universal and divinely ordained law which applies to all human beings. Example: Preservation of life is a crucial value, making murder wrong, even if there is no law in place, since our own reason tells us that murder is contrary to natural law
What are the three cases where war is justifiable for Grotius?
Self-defence, reparation of injury and punishment.
How did Grotius impact The English School thinkers like Wight (1994) and Bull (2012)?
He is the animating personality of the tradition of realism and the idea that international politics is a society of sovereign and equal states governed by law and mutual agreement. They argue Grotius understood the changes that were taking place in international politics due to the fall of the roman empire and the peace of Westphalia in 1648. For Bull (1990): the idea of international society which Grotius propounded was given concrete expression in the Peace of Westphalia, and Grotius may be considered the intellectual daddy of this first general peace settlement of modern times
What is the main argument regarding Grotius’s views on international law?
it offers insights into aspects of world politics that seem limited when viewed solely through a Eurocentric states-system framework. Grotius’s ideas and doctrine emphasize a flexible and nuanced understanding of political authority and sovereignty, which can contribute to a deeper exploration of international relations and the role of law and morality within it.
What can we say about the Grotian solidarist conception and its opposing (pluralist) conception? (Bull)
the Grotian solidarist conception emphasises a universal community, natural law, limited war, and individual rights in international society. In contrast, the opposing pluralist conception views international society as distinct from the domestic model, relies on positivist law, allows diverse motives for war, and emphasises the sovereignty of states as the primary actors. These two perspectives represent a fundamental divide in the understanding of international relations and the role of law and morality within it.
How does Grotius’s analysis of public authority differ from other perspectives?
Grotius’s analysis of public authority focuses on what prerogatives people held and emphasises the importance of doing what is lawful. This contrasts with more grandiose and speculative attempts to demonstrate the inherent rightness of princely absolutism or popular sovereignty. Grotius prioritises the mundane notion of respect for the law over more speculative approaches to public authority
What is Bull’s (2019) main argument?
the main argument revolves around the concept of international society and the role of war within it. Bull discusses the historical perspectives of legal and moral justifications for war, as well as the impact of international law on the conduct of war. It also delves into the contrasting views of legal scholars such as Grotius and Oppenheim, and their influence on the development of international law. Overall, Bull explores the complex relationship between war, international society, and the principles of justice and morality.
What is the relationship between the solidarist conception and Grotius’ idea of just war? (Bull)
Grotius’ idea of just war is intricately linked to the solidarist conception in international relations. Both emphasise the existence of a universal moral framework, limits on the use of force, and the importance of shared ethical principles in international society. Grotius’ contributions laid the groundwork for the development of international law and the solidarist perspective in shaping international relations
What does Osiander (2001) argue?
the standard view of the ✌️ of Westphalia of 1648 as a turning point in history is incorrect. Osiander argues that the settlement did not confirm the autonomy or sovereignty of the various European actors, as is commonly believed. Instead, it suggests that the settlement was a product of wartime anti-Habsburg propaganda and that the actual treaties do not corroborate the claims made about the peace. Osiander also discusses the role of the concept of sovereignty in international relations theory and its historical development.
why is the peace in westphalia considered a myth
The Peace of Westphalia is considered a myth because it is traditionally interpreted as the establishment of the modern international system based on sovereign equality and non-intervention. However, Andreas Osiander’s analysis challenges this narrative by arguing that the peace did not confirm the autonomy or sovereignty of the various European actors, as is commonly believed. Instead, it confirmed and perfected a system of mutual relations among autonomous political units that was not based on the concept of sovereignty. Osiander contends that the discipline of international relations theories against the backdrop of a past that is largely imaginary, and that the actual treaties of the Peace of Westphalia do not contain provisions confirming sovereignty, independence, or non-intervention. This challenges the traditional understanding of the Peace of Westphalia and highlights the need to reevaluate its historical significance.
What does Keene (2002) say about Grotius in the colonies?
Keene (2002) discusses Grotius’s impact on the justification of colonialism and imperialism in the colonies. He points out that Grotius provided an account of the law of nations that was used by Europeans to legitimise their behaviour towards non-European peoples. Grotius’s work is relevant to those who wanted to justify colonialism based on individual rights in the law of nations to appropriate unoccupied or uncultivated lands, as well as to those who wanted to justify the assertion of public authority by European states in the extra-European world.
