A Political and Social History of Modern Europe V.1.Hayes, Carlton J. H. (Carlton Joseph Huntley)
History
A Political and Social History of Modern Europe V.1.
Hayes, Carlton J. H. (Carlton Joseph Huntley)
Europe -- History; Europe -- Politics and government
Two institutions might have thwarted or retarded the development of
international law: one was the Catholic Church with its international
organization and its claim to universal spiritual supremacy; the other
was the Holy Roman Empire, with its claim to temporal predominance and
with its insistence upon the essential inequality between itself and
all other states. But the Protestant Revolt in the sixteenth century
dealt a severe blow to the claim and power of the Catholic Church. And
the long struggle between Bourbons and Habsburgs, culminating in the
Thirty Years' War, reduced the Holy Roman Empire to a position, in
theory as well as in fact, certainly no higher than that of the
national monarchies of France, England, and Spain, or that of the Dutch
Republic.
From the treaties of Westphalia emerged a real state-system in Europe,
based on the theory of the essential equality of independent sovereign
states, though admitting of the fact that there were Great Powers.
Henceforth the public law of Europe was to be made by diplomats and by
congresses of ambassadors. Westphalia pointed the new path.
Another aspect of international relations was emphasized in the first
half of the seventeenth century. It was the Thirty Years' War, with its
revolting cruelty, which brought out the contrast between the more
humane practice of war as an art in Italy and the savagery which
disgraced the Germanies. The brutality of the struggle turned thinkers'
attention to the need of formulating rules for the protection of non-
combatants in time of war, the treatment of the sick and wounded, the
prohibition of wanton pillage and other horrors which shocked the
awakening conscience of seventeenth-century Europe. It was the
starting-point of the publication of treatises on international law.
[Sidenote: Grotius]
The first effective work, the one which was destined long to influence
sovereigns and diplomats, was Grotius's _On the Law of War and
Peace_. Hugo Grotius (1583-1645) [Footnote: Known in his native
country as Huig van Groot. The last years of his life he spent as
ambassador of Sweden at the French court.] was a learned Dutch
humanist, whose active participation in politics against the stadholder
of the Netherlands and whose strong protests for religious toleration
against the dominant orthodox Calvinists of his country combined to
bring upon himself a sentence of life imprisonment. Immured in a Dutch
fortress in 1619, he managed to escape and fled to Paris, where he
prepared and in 1625 published his immortal work. _On the Law of War
and Peace_ is an exhaustive and masterly text-book--the first and
one of the best of the systematic treatises on the fundamental
principles of international law.
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