The Working Methods of Hugo Grotius: Which Sources Did He Use and How Did He Use Them in His Early Writings on Natural Law Theory?

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    Abstract

    This essay chapter analyses the working methods of the Dutch jurist Hugo Grotius (1583-1645), particularly his use and referencing of ‘sources’ in his early works on natural law and natural rights. Like most early modern scholars, Grotius garnished his texts with second-hand quotations of authoritative writers (the Classics, St. Augustine, Thomas Aquinas, etc.) and his marginalia with second-hand references to authoritative texts. He often obtained these materials from sixteenth-century florilegia and reference works. A case in point is Grotius’ referencing of Thomas Aquinas’ Summa Theologiae in Ms. BPL 917 in Leiden University Library. When we compare underlined passages in Grotius’ own copy of the Summa Theologiae with his references to Aquinas in Ms. BPL 917, we discover that two Catholic theologians --Thomas Cajetan and Francisco de Vitoria-- served as his reader’s guides to the Summa Theologiae, and shaped his understanding of Aquinas in crucial respects.
    Original languageEnglish
    Title of host publicationReassessing Legal Humanism and its Claims
    Subtitle of host publicationPetere Fontes?
    EditorsPaul J. du Plessis, John W. Cairns
    Place of PublicationEdinburgh
    PublisherEdinburgh University Press
    Chapter7
    Number of pages33
    ISBN (Print)9781474408851
    DOIs
    Publication statusPublished - 2016

    Publication series

    NameEdinburgh Studies in Law
    PublisherEdinburgh University Press
    Volume15

    Keywords

    • Hugo Grotius
    • working methods of early modern scholars
    • secondhand quotations
    • secondhand references
    • Thomas Aquinas
    • Francisco de Vitoria
    • Thomas Cajetan

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