Recent scholarship in international law – for example, recent books by Mary Ellen O’Connell and Michael Scharf – relies on the idea of a “Grotian tradition” or of “Grotian moments” to provide normative foundations for significant parts of the contemporary international legal system. Despite the significant value of this scholarship, the underlying claim of a Grotian tradition is deeply flawed. The Grotian tradition itself was invented by mid-twentieth century scholars such as Hersch Lauterpacht to serve the goals of post-war liberal internationalism. There is no reason to believe that there is any more longstanding and normatively attractive tradition of engagement with the ideas of Hugo Grotius in international law and/or international relations. Indeed, many of the foundational ideas of Grotius’s own system of international law are deeply at odds with liberal or progressive approaches to contemporary international law. “What Is the Grotian Tradition in International Law?” examines the claims made by and on behalf of the Grotian tradition and exposes the ways in which it fails to match up with the actual life and writings of Hugo Grotius. The article historicizes Grotius to demonstrate that much of his work – as propagandist, government official, attorney for the Dutch East India Company, and author of The Law of Prizes, The Free Sea, and The Rights of War and Peace – functioned to legitimate a violent and imperial conception of international law that served the interests of a simultaneously vulnerable and expansionist Dutch Republic. The result is not simply that the Grotian tradition is a fraud, or that Grotius is an inapt figure for any desirable conception of international law. Even more, a behind the scenes account of the Grotian tradition serves as a cautionary tale: international legal argument and international legal theory should reject the effort to claim deep historical foundations for the goals associated with liberal and progressive approaches to international law. A more self-conscious and critical stance holds out far better prospects of advancing those goals.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2334996_code792507.pdf?abstractid=2321876&mirid=5

What is the Grotian Tradition in International Law

The Dutch thinker Hugo Grotius (1583–1645) was a towering figure in seventeenth-century intellectual life, as anyone whose work touches at all on seventeenth-century law, theology, humanism, politi...

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Hugo Grotius and the Century of Revolution, 1613-1718: Transnational Reception in English Political Thought

"L'Église dans l'Empire romain (IVe-Ve siècles)", Jean Gaudemet, Paris 1959 : [recenzja] / Adam Vetulani.

Teaching the Ius Hodiernum: Legal Education of Advocates in the Northern Netherlands (1575-1800)

This paper frames the history of the Anglo-American bankruptcy tradition as a search for solutions to the basic problem that has from the first underlain the bankruptcy process: how to obtain the assistance of the debtor in his financial dismantling. The pivotal moment in this story came in the years 1705-1706, when the English Parliament drafted a bill making the bankrupt’s refusal to cooperate with the commissioners running his bankruptcy a capital crime. Almost as an afterthought, they also introduced discharge of debt. Incentivizing cooperation with discharge, of course, would have a fruitful future. Coercing the debtor to be honest, however, proved a failure. Fraud flourished, and few perpetrators were executed, in part because creditors and jurors found putting bankrupts to death a bit excessive. And yet, despite the failure of the English experiment with harsh penalties, the desire to punish debtors has remained a part of the culture of bankruptcy to this day.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1506647_code602739.pdf?abstractid=1446818&m%20%20irid=3

The Last Bankrupt Hanged: Balancing Incentives in the Development of Bankruptcy Law

Imprisonment for debt was a common sanction in the early modern period. Through the learned legal institute of the cessio bonorum, or its customary legal alternatives, insolvent debtors could avoid the shame of prison. Nevertheless, in order to discourage irresponsible administration of one's patrimony, local customs and princely ordinances often added shaming sanctions to the ius commune institute. This contribution first presents the legal framework of the cessio bonorum, as well as some shaming practices, especially in the Low Countries. In its main part, this article analyses early modern Netherlandish learned legal literature on the cessio bonorum and outlines ten different arguments related to honour and dignity. Authors discussed which goods the ceding debtors were allowed to retain both at the moment of the cession and thereafter. On the one hand, fraudulent debtors did not deserve any humane treatment and, thus, neither the benefice of cession. For other classes of debtors on the other hand, like clerics, noblemen or members of the military, the obligations going along with the cession of goods were less severe. The arguments outlined in this paper also illustrate the entanglement of humanitarian and instrumental reasoning.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3538124_code2139335.pdf?abstractid=2838877&mirid=1

Dignity and Cessio Bonorum in Early-Modern Dutch Learned Legal Literature

Grotius’ Introduction to Hollandic Jurisprudence

Theodore Balsamon, a 12th-century Constantinopolitan canonist, famously said: “Civil law punishes, canon law heals”. This paper tries to understand that statement by studying the relationship between civil law and canon law in the Eastern Orthodox tradition. From the 4th century onwards, the Roman imperial administration gave exequaturs to episcopal judicial decisions. In his novellae, Emperor Justinian considered the canons of the ecumenical councils as nomoi, which also implied that he could change canons by enacting imperial legislation. As of the 6th century, canon and imperial laws were published together in so-called nomokanones. At the end of the 9th century, Patriarch Photios formulated – for the first and last time in Byzantine legal history – the division of competences between Emperor and Patriarch. This paper argues that, though civil and canon law were separate fields with their own specific aims, the executability of their sentences remained crucially different.

The Relationship between Civil and Canon Law in the Eastern Orthodox Tradition

Acknowledgements Introduction 1Need for Credit in the Golden Age(s) and Its Normative Framework 2Research Questions 3Methodological Considerations 4Structure 1Consilia and Decisiones in the Low Countries 1Introduction 2Consilia and Decisiones: A General Framework AConsilia BDecisiones 3Consilia in the Low Countries AThe first Printed Consilia: Nicolaas Everaerts and Angelus a Sancto Ioanne BLeuven Law Professors and Their Consultation Practice (ca. 1550 - 1590) CLearned Legal Practitioners: The Kinschot Family (ca. 1580 - 1650) and Antoon Anselmo DA Humanist Counsellor: Jean de Deckher de Walhorn (1583-1646) ELearned Consultations by a Canon Lawyer: Franciscus Zypaeus (1580-1650) FJacob Coren GThe Hollandic and Utrecht Consultations: Disordered and Varied Collections 4Decisiones in the Low Countries ACollections of Decisiones from the Northern Low Countries BPrinted Collections of Decisiones from the Southern Low Countries 5Conclusion 2Simple Money Lending and the Taking of Interest 1Introduction 2Money Loans and the Law of Evidence AProof of Original Payment of the Capital BProof of Mutual Intention COther Impediments to a Claim for Restitution: The S.C. Macedonianum DProof of Repayment of the Money Lent 3The Taking of Interest AIntroduction BContractually Stipulated Interest for the Duration of a (money) Loan CInterest in Case of Default (mora) DSome Questions on the Proof of Usury ESanctions 4Conclusion 3Sale of Annuities 1Introduction 2Constitution of Annuities 3Enforcement of Annuities: The Issue of Prescription 4Redemption, Reduction and Forced Restitution of Annuities ARedeemability and Reductibility by the Seller of the Annuity BReduction of Annuities Through the Enactment of Tax Legislation CForced Restitution of the Capital 5Conclusion 4Transfer of Bonds and Claims 1Introduction 2Cession and Assignment AIntroduction BProof of a Cession: Transfer and Causa CAlternative Causae for the Transfer of a Bond DConsequences of a Cession and Its Revocability ERecourse Liability FLegal Remedies by the Ceded Debtor GIntermediate Conclusion 3Delegation and Novation AIntroductory Remarks BProof of Novation CRecourse Liability DLegal Remedies by a Delegated Debtor EIntermediate Conclusion 4Bonds to Bearer AIntroduction BThe Solution of the Ius Commune CThe causa of the Transfer DLegal Remedies by the Debtor Against the Bearer ERecourse Liability by the Bearer Against the Transferor FQuestions of Proof GIntermediate Conclusion 5Bills of Exchange AIntroduction BAcceptance by the Drawee CLiability of the Drawer DLiability of the Remitter of a Bill of Exchange EBills of Exchange and Usury FDetermination of the Exchange Rate GIntermediate Conclusion 6Conclusion 5Partnerships, Representation and Sea Loans 1Introduction 2The Law of Partnerships AFoundation of Partnerships BLiability of Partners vis-a-vis Third Parties CRelationship between Partners DLeonine Clauses and Triple Contracts ETrade in Shares 3Representation in Financial Affairs AIntroductory Remarks BClaims by Principals and/or Agents CClaims against the Principal DA mandate should not Harm the Institor 4Sea Loans (faenus nauticum) 5Conclusion 6Monetary Fluctuations and Debts 1Introduction 2One-time Payments AIntroductory Remarks BCoinage to be Used CApplicable Rate or Valuation DIntermediate Conclusion 3Recurring Payments AIntroductory Remarks BRate of Payment: Relevant Location CRate of Payment: Relevant Time 4Conclusion Conclusion 1Research Questions and the Core Sources 2The Evolution of the Normative Framework on Loans and Credit: A Summary 3Transregional Multinormativity 4Moral Theology 5North and South: An Age of Estrangement? 6Consilia and Decisiones 7Open Questions Bibliography Netherlandish Sources of Learned Legal Practice: The Core Material Other Primary Sources Customary Law and Ordinances Legal Historical Literature Index

Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

https://classiques-garnier.com/export/pdf/le-droit-face-a-l-economie-sans-travail-tome-i-sources-intellectuelles-acteurs-resolution-des-conflits.html

Wouter Druwé

Papers

Dignity and Cessio Bonorum in Early-Modern Dutch Learned Legal Literature

Grotius’ Introduction to Hollandic Jurisprudence

The Relationship between Civil and Canon Law in the Eastern Orthodox Tradition

Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

Le Droit face à l’économie sans travail. Tome I. Sources intellectuelles, acteurs, résolution des conflits