International law; Natural law; War (International law)
It is needless, perhaps, to point out that the work of Grotius is
not and could not be a work of permanent authority as a digest of
international law. His own wise appreciation of the positive and
historical element--the authority derived from custom--should exempt
him from the pretense of absolute finality. It is the Book of Genesis
only that he has given us, but it is his indefeasible distinction to
have recorded the creation of order out of chaos in the great sphere of
international relationship, justly entitling him to the honor accorded
to him by the spontaneous consent of future times as the Father of
International Jurisprudence.
It is not difficult after more than three centuries of thought and
experience to point out the defects in his doctrine. If he justifies
slavery, it is not without ingenuity; for, he argues, if a man may sell
his labor, why not his liberty? and if the conqueror may impose his
will upon the property of the vanquished, why not also upon his person?
If he identifies sovereignty with supreme power without any adequate
conception of its ethical basis, he is at least as advanced in his
thinking as the conceptions of his time, which had not yet grasped the
idea of the state as a moral organism. If he has no adequate notion
of neutrality, believing it to be the duty of a nation to enlist its
energies for what it deems the right side, rather than to disavow all
responsibility for actions foreign to its own interests, he is at least
supported in this by the opinion of the multitude even at the present
time; and even among jurists the modern conception of neutrality is
hardly a century old. If the new schools of jurisprudence make light
of Natural Law as a foundation of public and private rights, it is
not certain that Grotius may not yet be vindicated as representing a
doctrine at least as clear as any other which has been substituted for
it. But, finally, to all these criticisms it may be answered, that
no great thinker can be justly estimated except in relation to his
predecessors and contemporaries. Measured by these, Grotius stands
alone among the jurists of his century for originality of thought and
power of exposition.
V. THE INFLUENCE OF GROTIUS'S WORK.
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