The Law of Nations and Natural Law, 1625-1800

347 Pages·2019·25.829 MB·English

by  Simone Zurbuchen

The Law of Nations and Natural Law 1625– 1800
Early Modern Natural Law

STUDIES & SOURCES
Series Editors
Frank Grunert (Martin-L uther-U niversität Halle- Wittenberg)
Knud Haakonssen (University of St Andrews and Universität Erfurt)
Diethelm Klippel (Universität Bayreuth)
Board of Advisors
Maria Rosa Antognazza (King’s College London)
John Cairns (University of Edinburgh)
Thomas Duve (Max-P lanck-I nstitut für Europäische
Rechtsgeschichte, Frankfurt am Main)
Ian Hunter (University of Queensland)
Martin Mulsow (Universität Erfurt)
Barbara Stollberg- Rilinger (Westfälische Wilhelms-U niversität
Münster and Wissenschaftskolleg zu Berlin)
Simone Zurbuchen (Université de Lausanne)
VOLUME 1
The titles published in this series are listed at brill.com/e mnl
The Law of Nations and

Natural Law 1625– 1800
Edited by
Simone Zurbuchen
LEIDEN | BOSTON
This is an open access title distributed under the terms of the CC-BY-NC-ND 4.0 License,
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Contents

Acknowledgements vii
Notes on Contributors viii
Introduction 1
Simone Zurbuchen
part 1
Teaching the Law of Nations
1 Natural Law for the Nobility? The Law of Nature and Nations at the
Erlangen Ritterakademie (1701– 1741) 11
Katharina Beiergroesslein and Iris von Dorn
2 Serving Danish Foreign Policy: Andreas Hojer’s De eo quod iure belli licet
in minores (1735) 39
Mads Langballe Jensen
3 The Law of Nations at the Naval Academy in Copenhagen around
1800: the Lectures of Christian Krohg 60
Thor Inge Rørvik
4 The Law of Nations in German historia literaria and Encyclopaedias in
the Eighteenth Century 89
Frank Grunert
part 2
The Law of Nations from the Peace of Westphalia to the
Enlightenment
5 Pufendorf on the Law of Sociality and the Law of Nations 107
Kari Saastamoinen
vi Contents
6 The International Political Thought of Johann Jacob Schmauss and
Johann Gottlieb Heineccius: Natural Law, Interest, History and the
Balance of Power 132
Peter Schröder
7 Men, Monsters and the History of Mankind in Vattel’s Law of
Nations 159
Pärtel Piirimäe
8 Guarantee and Intervention: the Assessment of the Peace of Westphalia
in International Law and Politics by Authors of Natural Law and of
Public Law, c. 1650– 1806 186
Patrick Milton
part 3
The Law of Nations and the ‘École romande du droit naturel’
9 Born to Rule: Burlamaqui and Rousseau on the Education of
Princes 229
Lisa Broussois
10 Defining the Law of Nations: the École romande du droit naturel and the
Lausanne Edition of Grotius’ De jure belli ac pacis (1751– 1752) 253
Simone Zurbuchen
11 Vattel’s Doctrine of the Customary Law of Nations between Sovereign
Interests and the Principles of Natural Law 278
Francesca Iurlaro
12 The Circulation of the École romande du droit naturel in Eighteenth-
Century Italy 304
Elisabetta Fiocchi Malaspina
Persons Index 327
Places Index 331
Subjects Index 333
Acknowledgements

The publication of this volume would not have been possible without the sup-
port of various institutions and persons. I wish to thank the Swiss National
Foundation for financial support of the project ‘Natural Law in Switzerland
and beyond: sociability, natural equality, social inequalities’ conducted at
the University of Lausanne. The work on the Swiss-r omande school of natu-
ral law is an outcome of this research project, which worked up manuscripts
and other sources linked to the teaching of natural law at the Academies of
Lausanne and Geneva. These are available at http:// lumieres.unil.ch/ projets/
droit- naturel/ (version du 20.08.2018). The workshop ‘The Law of Nations and
Natural Law: 1625–1 850’ (University of Lausanne, 5– 6 November 2015), where
first drafts of the chapters in this volume were presented and discussed, was
also part of this project. I am very grateful to Lisa Broussois, who helped to or-
ganize the workshop, and to the directors of the international network ‘Natural
Law 1625– 1850’ for their sustained support. I also wish to thank Ralph Footring
for professional linguistic revision of the chapters.
Notes on Contributors

Katharina Beiergroesslein
is historian and archivist. She works as a research fellow at the City Archives of
Stuttgart. Her main research interests lie in the field of early modern English
and German History, the history of migration as well as natural law as a univer-
sity subject. She also teaches early modern history at the Ludwig- Maximilians-
Universität in Munich.
Lisa Broussois
holds a PhD in philosophy from the University of Paris 1 Panthéon- Sorbonne
and from the Brazilian Federal University of Minas Gerais. She has published
in French, English and Portuguese on Scottish moral and political philosophy,
modern philosophy, animal and environmental ethics. She was a postdoctor-
al researcher at the snf research project ‘Natural law in Switzerland and be-
yond: sociability, natural equality, social inequality’ (University of Lausanne).
Iris von Dorn
is a historian who has participated in research and exhibition projects at,
among others, the Universität Bayreuth, the Ludwig- Maximilians- Universität
München, the Max-P lanck- Institut für europäische Rechtsgeschichte (F rankfurt
am Main). Her main research interests in early modern German h istory in-
clude the history of scholarship, the history of administrative law (15th to 19th
century), and princely courts as places of political decision making.
Elisabetta Fiocchi Malaspina
is Assistant Professor of Legal History at the Law Faculty of the University of
Zurich. Her main research fields include history of international law, circula-
tion and dissemination of natural law and law of nations theories from the 18th
to the 19th century, history of water resources law, history of land ownership
and land registration (19th and 20th centuries).
Frank Grunert
is Senior Research Fellow at the Interdisciplinary Centre for European Enlight-
enment Studies at the Martin- Luther- University Halle- Wittenberg and an as-
sociated fellow of the Max Weber Centre at the University of Erfurt. He has
published extensively on the German Enlightenment, especially on its early
period. He is one of the editors of the series Werkprofile and of the correspond-
ence of Christian Thomasius.
Notes on Contributors ix
Francesca Iurlaro
is a PhD candidate in international legal thought at the European Universi-
ty Institute (Florence), working on an analysis of the concept of customary
international law from Francisco de Vitoria to Emer de Vattel. Her inter-
ests include modern jus naturae et gentium and the relationship between
law and literary genres. She has published on Alberico Gentili, including a
translation of his commentary on Virgil, Lectionis Virgilianae Variae Liber
(1603).
Mads Langballe Jensen
is a postdoctoral researcher at Royal Holloway, University of London. He has
published on Protestant political thought and natural law theory from Philipp
Melanchthon to the early enlightenment. He is currently working on the role
natural law theory played in the ideological legitimisation and politics of the
early absolutist monarchy of Denmark- Norway, from domestic to foreign af-
fairs, including the colonization of the Guinea Coast.
Patrick Milton
is a Research Fellow at Peterhouse and affiliated lecturer at Department of Pol-
itics and International Studies, University of Cambridge. He has published nu-
merous articles on the political and constitutional history of the Holy Roman
Empire, and the history of early modern European international relations and
law. He is currently working on a Cambridge- based project entitled ‘A West-
phalia for the Middle East’.
Pärtel Piirimäe
is Professor of Intellectual History at the University of Tartu, Estonia. He
has published on early modern international political and legal thought,
the history of propaganda, polemics and official historiography, and region-
alist concepts and identities. He is also the editor of The Estonian Historical
Journal.
Thor Inge Rørvik
is a Lecturer in History of Ideas at the Faculty of Humanities (ifikk), Uni-
versity of Oslo. He is the author of several articles on Norwegian and Danish-
Norwegian intellectual history in the eighteenth and nineteenth century, with
a focus on the history of philosophy, university history, and legal history. He
recently published ‘Samuel Pufendorf – Natural Law, Moral Entities and the
Civil Foundation of Morality’, in Contemporary Philosophy, vol. 12: Philosophy
of Justice, ed. Guttorm Fløistad (2014), 61– 73.
newgenprepdf
x Notes on Contributors
Kari Saastamoinen
is a Senior Lecturer in History at the University of Helsinki. He has published
on early modern natural law, especially on Samuel Pufendorf. He is a member
of the directorial team of the Helsinki Centre for Intellectual History. His latest
publication is ‘Natural Equality and Natural Law in Locke’s Two Treatises’, in
Laws, Rights and Politics, 1579–1 832, Studies in Honour of Knud Haakonssen, eds.
Ian Hunter and Richard Whatmore (Edinburgh: 2019), 127–146.
Peter Schröder
is Professor of the History of Political Thought at University College London.
His main research interest is early modern and modern history of political
thought and he has published widely in this field. His latest monograph Trust
in Early Modern International Political Thought, 1598–1 713 was published in
2017. He has been visiting professor at universities in Paris, Rome and Seoul,
and held numerous visiting research fellowships.
Simone Zurbuchen
is Professor of Modern and Contemporary Philosophy at the University of Lau-
sanne. She has published widely on the history of early modern moral and
political philosophy, with a focus on Samuel Pufendorf and the reception of
his work in the eighteenth century. She was the director of the snf research
project ‘Natural law in Switzerland and beyond: sociability, natural equality,
social inequality’ (2014– 2018).