option. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. It would not be politically legitimate for the law to give some people ownership authority merely in order to dominate others, no matter how narrowly circumscribed that authority. The prominence of power in post-Westphalian international society is accompanied by the development of domestic and international institutions that can be seen as having their intellectual foundations in post-Reformation understandings of the individual and his relationship to the political community. More specifically, it examines the uneven nature of this nation-building project across Kazakhstan's territory. To the question of whether the seas could become state property, he answered a resounding no! The renewable energy industry and the large utilities installing wind farms are increasingly powerful actors in the global economy, and their activities are giving rise to a growing number of energy-landscape conflicts. Hugo Grotius. These concepts of ius and suum, which Grotius differentiates from other rationally derived moral principles, inspired John Locke to champion the equivalent concepts of rights and property. The second definition follows the Anselmian concept of God: God's justice is his acting according to his being that than which nothing greater can be conceived. For centuries, rulers had pursued wars to spread their religion, gain territory, seize assets or in other ways expand their power. It explains how Grotius managed to Grotius’s discussion of private property is usually regarded as the seminal work within the modern natural law tradition and a point of departure for the subsequent history of the subject. They may well also question the very moral acceptability of states, and explore alternative arrangements. We draw attention to examples of reconciliation through customized entrepreneurial activities which manage to make sense of landscape, energy and climate issues at the local level, and which can be enacted and presented through both a globalist and a local narrative. Archival evidence provides numerous unique insights but can also resolve disputes that may. The first is the most, Soulez's work focuses on the ethical dimension of philosophy manifested in the way in which thought engages and transforms an acting subject on a formal level, beyond what is “said” as such, including any explicitly ethical statements. ©2000-2020 ITHAKA. Access supplemental materials and multimedia. Simply select your manager software from the list below and click on download. Hugo Grotius's De Jure Pradae [Law of Prize] and Mare Liberum [Freedom of the Sea]-see. The paper contrasts Kant's conception of original common possession of the earth with Hugo Grotius's superficially similar notion. With those two assumptions in hand, the book shows that some key principles of just-war ethics - notably, the just-cause requirement, the requirement of legitimate authority, the principle of discrimination, and the requirement of proportionality - need defending. In this essay I examine Grotius’s views on war and the state, with a special emphasis on jurisprudential method. After returning to The Hague, he established a law practice and within a short time, his clientele included Oldenbarnevelt, the Dutch East India Company (V.O.C.) This paper draws attention to one particular type of conflict; namely the right to gain or protect access to the energy flux. Access scientific knowledge from anywhere. Check out using a credit card or bank account with. El proposito central de este trabajo es analizar la funcion sistematica del concepto de “posesion comun originaria” en la doctrina kantiana de la propiedad, con especial interes en el sentido novedoso que adquiere ese concepto —que pertenecia a la tradicion del derecho natural— en su reformulacion como un “concepto practico de la razon, que contiene a priori, el principio segun el cual tan solo los hombres pueden hacer uso del lugar sobre la tierra siguiendo leyes juridicas” ( RL , 262). Engaging the global countryside: Globalization, hybridity and the reconstitution of rural place. He tried to construct an alternative theory by making use of his concepts of imperfect rights and duties, but he had no way of expressing the lawfulness of the actions of the necessitous poor in terms of the imperfect duties of the rich. By interrogating landscape as a right, and carbon as a commodity, this paper reveals a number of tensions between abstract, aggregate and top-down narratives that are typical of a globalist discourse, and more localized, contextualized and individuated concerns. They are, in fact, characteristically part of a wider conception of the evolution of human society. This article explores the reasons behind this change in direction and discusses the use Smith made of Grotius' theory of property in reformulating his own ideas. To read the full-text of this research, you can request a copy directly from the author. Less well known is that Grotius was the first central Protestant thinker to redefine the concept of ius, so that it was understood as individual or subjective rights. History. He took this view because he could not see how the supposedly primitive rights to use natural resources that each person has in a state of nature could, on their own, justify fully fledged private ownership.

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