On the Rights of War and Peace

Summary: because of its ancient books of the law of war and peace, Grotius theory pioneer widely respected international law scholars. Him about the natural law was deemed to be bound by the concepts of natural law to get rid of religion and theology beginning is the transition of classical natural law to modern law of nature. Through analysis Grotius on method of divided, and natural method exists of proved and people of nature of discusses, we think Grotius although in objective Shang for natural method and God method separation provides has possibilities, but its on religious of retained makes natural method to prior of way proved, this on spirit field not secular of of pursuit, more should was considered its on Western natural method concept of contribution.

Keywords: Grotius, natural law, divine law of the law of war and peace

Introduction

GROTIUS is undoubtedly the seminal figures in the development of legal theory. When the continent was 30 years war (1618--1648 years) over when Grotius wrote the book of the law of war and peace. Laoxiusi in the book try to identify possible to solve and prevent war and conflict of law principles, and the system of international law, and that he is regarded as the originator of the field of international law. He also made a great contribution to the development of natural law.

Theorists explained that many scholars believe that Grotius on the natural law is the beginning of modern natural law and secularization of the natural law to promote the evolution of natural law theory from the middle ages to modern times. [[British] treff: an introduction to the philosophy of natural law-legal d ' entrbves, Taiwan by publishing house, 2000, 68th;

[Love] J.M. Kelly: a brief history of Western legal thought, translation of Wang Xiaohong, law press, 2002, page No. 216. ] Some scholars challenge this view, like Maritain (Jacques Maritain) of the people and countries mentioned in: "true natural law is Greece and a heritage of Christian thought. It can be traced back to Grotius not only ... ... And it can be traced back to the shengtuomasi·akui that "; [[law] Maritain's: a Huo Shouyan translations of the people and the State, Beijing, commercial press, published in 1964, 89--90 pages. ] Another example, haiyinlixi·luomen pointed out that Grotius did not fully complete autonomy of human reason as the only source of natural law, recognizes the God is the origin of the natural laws. [[De] haiyinlixi·luomen: the history of ideas and philosophy of natural law, Shanghai joint publishing, 2007 di65-68 page.] Different scholars on Grotius ambivalent role in the natural law thoughts development in evaluation, in order to determine which is more appropriate, we inevitably point to its original natural method for the resolution.

Natural law and divine law

War and peace law first of all is the book starting from the natural law. According to Aristotle in the ethics of his ideas, and thought that the legal nature of the Act and the Wills Act. He believes that "natural law is an appropriate rational order, it's just any rational behavior consistent with the according to nature is the Act of moral justice and vice versa is morally evil act" (page 32). Wills method "is by wills and health of, or is human of wills, or is God of wills" (page 37); and human method or reflected has "group free of human enjoy right and seeks they common of interests" (page 38), or reflected has "national of agreed" (page 38); God meaning law "from Yu gods of wills" (page 38), is "God himself has been willing to spoke to of" (page 32). Apparently, through on three who developed legal of subject and legal exists of based of judge, such in we of brain in on can outline out a site natural method, and God meaning method and satisfactory method each other isolation of tree-like Figure: tree of trunk for method, it of two a branch for natural method and wills method; in wills method Shang and has two a branch, respectively for God meaning method and satisfactory method. However, the relationship of the three is not so simple, poor law and divine law and natural law may have clear boundaries, the boundaries of natural law and divine law is not so clear. As Grotius, some seemingly contradictory deals said in the article, on the one hand, "' Providence ' is the true meaning of the term shows that the law comes from God's will, which distinguish it from the natural law. However, as already noted, natural law is also called ' divine law ' "(page 38) that the natural law is covered by divine law, on the" natural law is to be changed, even God himself could not make any changes to it. Although the right God is wireless broad, but some things are extending their rights not to "(page 33), the natural law is the will of God (divine law) cannot be controlled, even beyond the existence of divine law.

In fact, Grotius stated there is no contradiction, and to understand their views, we must first understand his theological background and faith in God. Grotius emphasized that God is the author of all good, God is the harmonious unity of will and intellect, his laws and commandments is logical and not conflicting. In God, reason and the will to a certain extent are reflected in each other, and different interpretations of the meaning of divine law, we can find several levels of natural or divine law. Most special divine law "does not command or prohibition is in itself a binding or something illegal, but it is prohibited to make them illegal, which commands so that they become legally binding" (page 33), based on the mere will of God, he can to all humanity, to some people, or to individual settings for specific rights and obligations. Second, is those hosted natural method of God meaning method, that "due rational of command"; this God meaning method with God wills and reason of double sex, "behavior itself or is has legal binding force of, or is not legal of" (page 33) reflected has natural method property, and "command" (or ban) is reflected has God meaning method of nature. Then the higher law, which tended