Chapter

Grotius' Place in the Development of Legal Ideas about War

G. I. A. D. Draper

in Hugo Grotius and International Relations

Published in print March 1992 | ISBN: 9780198277712
Published online November 2003 | e-ISBN: 9780191598890 | DOI: http://dx.doi.org/10.1093/0198277717.003.0005

Series: Clarendon Paperbacks

 Grotius' Place in the Development of Legal Ideas about War

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Ideas about ‘just war’, having developed in ancient Rome, were adapted in the centuries after Christ as part of the thinking Western Church. St Augustine (ad 354–430), the most influential of the Western fathers, laid down conditions that had to be satisfied if war was to be permissible. His ideas, later elaborated by St Thomas Aquinas (1226–74), Francisco de Vitoria (1480–1546) and others, formed the background to the work of Grotius, who made an important contribution with his emphasis on the idea of temperamenta belli, i.e. moderation in the conduct of war. Modern ideas about the application of law to warfare, which were codified at the Hague Peace Conferences of 1899 and 1907, are not strictly those advanced by Grotius, but they stand in the Grotian tradition.

Keywords: St Augustine; St Thomas Aquinas; Hague Peace Conferences; just war; temperamenta belli; Francisco de Vitoria

Chapter.  11827 words. 

Subjects: International Relations

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