HUKUM PERANG DAN KEDAMAIAN MENURUT PERSPEKTIF HUGO GROTIUS
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Abstract
Hugo Grotius was a central figure in the development of political and legal theory, especially national law. Which is considered as one of the biggest contributions to the development of international law. In this research method, it uses a conceptual approach and a descriptive method which functions to describe or provide an overview of an object under study through data or samples that have been collected as they are without conducting analysis, making conclusions that apply to general. The result of these discussions is that Grotius succeeded in developing, and emphasizing, the idea of justice between nations. With that goal in mind, Grotius aims to support the resolution of persistent international conflicts and to provide legal and moral arguments for wars to be less frequent and less terrible. Indeed, Grotius put forward principles to help broaden the prospects for the first peace, the legal thoughts of Hugo Grotius who tried to rationalize natural law could not be separated from the socio-historical background where he was born and raised and made Grotius a humanist as well as secular legal figure. Second, the rationalization of natural law by Grotius actually experienced a shift. The laws of nature which in the past, as promoted by St. Augustine and St. Thomas Aquinas, who looks more irrational, tries to rationalize Grotius by adding reason and logic as a mediating medium between natural law and positive law in the legal structure he composes.
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References
See, Hugo Grotius, On the Law of War and Peace, edited and annotated by Stephen C. Neff (Cambridge: Cambridge University Press, 2012). All quotes in this essay are taken from Hugo Grotius, The Rights of War And Peace: Three Volume Set, Jean Barbeyrac and Richard Tuck eds., (Liberty Fund Inc., 2005), available at http://oll.libertyfund.org/titles/grotius-the-rights-of-war-and-peace-2005-ed-3-vols.
For a review of the debate concerning Grotius’ responsibility in the ‘fathering’ of international law see, Charles S. Edwards, Hugo Grotius, The Miracle of Holland: A Study in Political and Legal Thought (Chicago: Chicago University Press, 1981). See also, Ben Kingsbury, Grotius, Law, and Moral Skepticism: Theory and Practice in the Thought of Hedley Bull, in Clark and Neumann, eds., Classical Theories of International Relations (London: Macmillan, 1996).
According to Stephen Neff, the leading English-language biography of Grotius is still W. S. M. Knight, The Life and Works of Hugo Grotius (London: Sweet and Maxwell, 1925).This biographical sketch relies heavily on it.
Hugo Grotius, The Free Sea, David Armitage ed. (Liberty Fund, 2004), available at http://oll.libertyfund.org/titles/grotius-the-free-sea-hakluyt-trans
Treaty of Tordesillas, 1494.
Hugo Grotius, The Free Sea, 10
Hugo Grotius, The Free Sea, 12.
Hugo Grotius, The Free Sea, 20-21
Hugo Grotius, The Free Sea, 3
Grotius’ book remained on the Papal Index until 1901. See, Henk J.M. Nellen, ed., Hugo Grotius: A Lifelong Struggle for Peace in Church and State, 1583 – 1645 (Brill Academic Publishers: 2014).
Richard Tuck, Grotius, Carneades, and Hobbes, (Grotiana, IV, 1983), 53.
Supranote 1, Hugo Grotius,The Law of War and Peace.
Edward Dumbauld, The Life and Legal Writings of Hugo Grotius (Norman: University of Oklahoma Press, 1969). 73.
http://plato.stanford.edu/entries/grotius/. Grotius, Hugo, “De Iure Praedae Commentarius”, Clarendon Press, Oxford, 1950.
Theodor Meron, “Common Rights of Mankind in Gentili, Grotius and Suarez,” 85 American Journal of International Law, 1991, 111.
Hugo Grotius, The Law of War and Peace, Book Three.1.2, cited in Stanford Encyclopedia of Philosophy. Available at http://plato.stanford.edu/entries/grotius/
Hugo Grotius, The Law of War and Peace, Book III.1.6
Hugo Grotius, The Law of War and Peace, Book III, 11
Francisco de Vitoria, On the American Indians lately Discovered and On the Law of War Made by the Spaniards on the Barbarians.” See, Anthony Pagden and Jeremy Lawrance (eds.), Francisco de Vitoria: Political Writings (Cambridge: Cambridge University Press, 1991)
peter Haggenmacher, Grotius et la Doctrine de La Guerre Juste (Paris: Presses Universitaires de France,1983), 397-399
W.S.M. Knight, The Life and Works of Hugo Grotius (London: Grotius Society Publications, 1925), 202.
Stephen C. Neff. Justice among Nations: A History of International Law (Cambridge: Harvard University Press, 2014), 166