Etsi deus non daretur
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''De iure belli ac pacis'' (English: ''On the Law of War and Peace'') is a 1625 book in
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, written by Hugo Grotius and published in Paris, on the legal status of
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
. It is now regarded as a foundational work in
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. The work takes up
Alberico Gentili Alberico Gentili (14 January 155219 June 1608) was an Italian-English jurist, a tutor of Queen Elizabeth I, and a standing advocate to the Spanish Embassy in London, who served as the Regius professor of civil law at the University of Oxfor ...
's ''De jure belli'' of
1598 __NOTOC__ Events January–June * February 21 – Boris Godunov seizes the throne of Russia, following the death of his brother-in-law, Tsar Feodor I; the ''Time of Troubles'' starts. * April 13 – Edict of Nantes (promulgated April 30 ...
, as demonstrated by
Thomas Erskine Holland Sir Thomas Erskine Holland KC, FBA (17 July 183524 May 1926) was a British jurist. After school at Brighton College and studies at Oxford, he practiced law as a barrister from 1863 onwards. In 1874, he returned to Oxford, succeeding William B ...
.


Content

Its content owed much to Spanish theologians of the previous century, particularly
Francisco de Vitoria Francisco de Vitoria ( – 12 August 1546; also known as Francisco de Victoria) was a Spanish Roman Catholic philosopher, theologian, and jurist of Renaissance Spain. He is the founder of the tradition in philosophy known as the School of Sala ...
and
Francisco Suarez Francisco is the Spanish and Portuguese form of the masculine given name ''Franciscus''. Nicknames In Spanish, people with the name Francisco are sometimes nicknamed "Paco". San Francisco de Asís was known as ''Pater Comunitatis'' (father of ...
, working in the Catholic tradition of
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
. Grotius began writing the work while in prison in the Netherlands. He completed it in 1623, at
Senlis Senlis () is a commune in the northern French department of Oise, Hautes de France. The monarchs of the early French dynasties lived in Senlis, attracted by the proximity of the Chantilly forest. It is known for its Gothic cathedral and other ...
, in the company of Dirck Graswinckel. According to Pieter Geyl:
It is an attempt by a theologically and classically educated jurist to base upon law order and security in the community of states as well as in the national society in which he had grown up. In the rather naïve rationalism, the belief in reason as the lord of life, is revealed the spiritual son of
Erasmus Desiderius Erasmus Roterodamus (; ; English: Erasmus of Rotterdam or Erasmus;''Erasmus'' was his baptismal name, given after St. Erasmus of Formiae. ''Desiderius'' was an adopted additional name, which he used from 1496. The ''Roterodamus'' w ...
.
In particular, this work is remembered for the sentence:
''Et haec quidem quae iam diximus, locum aliquem haberent etiamsi daremus, quod sine summo scelere dari nequit, non esse Deum, aut non curari ab eo negotia humana.''
What we have been saying would have a degree of validity even if we should concede that which cannot be conceded without the utmost wickedness: that there is no God, or that the affairs of men are of no concern to Him.
Such a concept has been synthesized with the famous Latin phrase ''etsi Deus non daretur'',Beck, Richard (8 December 2010),
Dietrich Bonhoeffer Dietrich Bonhoeffer (; 4 February 1906 – 9 April 1945) was a German Lutheran pastor, theologian and anti-Nazi dissident who was a key founding member of the Confessing Church. His writings on Christianity's role in the secular world have ...
:
etsi deus non daretur
' . Retrieved 8 July 2013.
which means "even when God were assumed not to exist" but is normally translated "as if God did not exist".


References


Further reading

*Cornelis van Vollenhoven. ''On the Genesis of De Iure Belli ac Pacis''. Amsterdam: Koninklijke Akademie van Wetenschappen, 1924. ;Translations *Francis W. Kelsey, with the collaboration of Arthur E. R. Boak, trans. ''De iure belli ac pacis libri tres''. Washington, D.C.: Carnegie Institution of Washington, 1913–1925 (reprint: Buffalo, NY: William H. Hein, 1995). *Stephen C. Neff, trans. ''Hugo Grotius: On the Law of War and Peace''. Student edn. Cambridge: Cambridge University Press, 2012.


External links

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Online text (English text, abridged, PDF)Online Text (English text, unabridged, HTML and PDF)
1625 books International law Books by Hugo Grotius Law books Legal history of the Dutch Republic 1625 in law 17th-century Latin books