Emmerich de Vattel ( 25 April 171428 December 1767) was a philosopher, diplomat, and jurist. Vattel's work profoundly influenced the development of international law. He is most famous for his 1758 work ''

The Law of Nations ''The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns'' is a legal treatise on international law by Emerich de Vattel, published in 1758. Influence Centuries after his death it ...

''. This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of

Frederick Augustus II of Saxony Frederick Augustus II (; 18 May 1797 – 9 August 1854) was King of Saxony and a member of the House of Wettin. He was the eldest son of Maximilian, Prince of Saxony – younger son of the Elector Frederick Christian of Saxony – by h ...

. Vattel combined naturalist legal reasoning and positivist legal reasoning.

Early life and career

The son of a Protestant minister, Vattel was born at Couvet, Neuchâtel, on the 25th of April 1714. He studied classics and philosophy at

Basel Basel ( ; ), also known as Basle ( ), ; ; ; . is a city in northwestern Switzerland on the river Rhine (at the transition from the High Rhine, High to the Upper Rhine). Basel is Switzerland's List of cities in Switzerland, third-most-populo ...

and

Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...

. During his early years his favorite pursuit was

philosophy Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...

and, having carefully studied the works of

Leibniz Gottfried Wilhelm Leibniz (or Leibnitz; – 14 November 1716) was a German polymath active as a mathematician, philosopher, scientist and diplomat who is credited, alongside Sir Isaac Newton, with the creation of calculus in addition to many ...

and Christian Wolff, he published in 1741 a defence of Leibniz's system against

Jean-Pierre de Crousaz Jean-Pierre de Crousaz (13 April 166322 March 1750) was a Swiss theologian and philosopher. He is now remembered more for his letters of commentary than his formal works. Life De Crousaz was born in Lausanne, Switzerland. He was a many-sided man, ...

. In the same year Vattel repaired to

Berlin Berlin ( ; ) is the Capital of Germany, capital and largest city of Germany, by both area and List of cities in Germany by population, population. With 3.7 million inhabitants, it has the List of cities in the European Union by population withi ...

in the hope of obtaining some public employment from Frederick II, but was disappointed in his expectation. Two years later he proceeded to

Dresden Dresden (; ; Upper Saxon German, Upper Saxon: ''Dräsdn''; , ) is the capital city of the States of Germany, German state of Saxony and its second most populous city after Leipzig. It is the List of cities in Germany by population, 12th most p ...

, where he experienced a very favourable reception from

Count Brühl Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...

, the minister of Saxony. In 1746 he obtained from the elector,

Augustus III Augustus III (; – "the Saxon"; ; 17 October 1696 5 October 1763) was King of Poland and Grand Duke of Lithuania from 1733 until 1763, as well as Elector of Saxony in the Holy Roman Empire where he was known as Frederick Augustus II (). He w ...

, the title of councilor of embassy, accompanied with a pension, and was sent to

Bern Bern (), or Berne (), ; ; ; . is the ''de facto'' Capital city, capital of Switzerland, referred to as the "federal city".; ; ; . According to the Swiss constitution, the Swiss Confederation intentionally has no "capital", but Bern has gov ...

in the capacity of the elector's minister. His diplomatic functions did not occupy his whole time, and much of his leisure was devoted to

literature Literature is any collection of Writing, written work, but it is also used more narrowly for writings specifically considered to be an art form, especially novels, Play (theatre), plays, and poetry, poems. It includes both print and Electroni ...

and

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

''The Law of Nations''

Vattel's seminal work was largely influenced by a book titled ''Jus Gentium Methodo Scientifica Pertractum'' (The Law of Nations According to the Scientific Method) by Christian Wolff. Vattel's work began, in fact, by translating Wolff's text from Latin, and adding his own thoughts. Vattel's work was also heavily influenced by

Gottfried Wilhelm Leibniz Gottfried Wilhelm Leibniz (or Leibnitz; – 14 November 1716) was a German polymath active as a mathematician, philosopher, scientist and diplomat who is credited, alongside Sir Isaac Newton, with the creation of calculus in addition to ...

and

Hugo Grotius Hugo Grotius ( ; 10 April 1583 – 28 August 1645), also known as Hugo de Groot () or Huig de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, statesman, poet and playwright. A teenage prodigy, he was born in Delft an ...

. Focused largely on the rights and obligations of citizens and states, Vattel's work also had ramifications for

Just War Theory The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of #Criteria, criteria, all of which must be met for a war to be considered just. I ...

as it outlined international diplomacy as we now know it. Vattel elucidated the "Golden Rule of Sovereigns":

One cannot complain when he is treated as he treats others.

English editions

Vattel's ''Law of Nations'' was first translated into English in 1760, based on the French original of 1758. A Dublin translation of 1787 does not include notes from the original nor posthumous notes added to the 1773 French edition. Several other English editions were based on the edition of 1760. However, an English edition from 1793 includes Vattel's later thoughts, as did the London 1797 edition. The 1797 edition has a detailed table of contents and margin titles for subsections.

Benjamin Franklin

Charles W.F. Dumas Charles William Frédéric Dumas (1721–1796) or Charles Guillaume Frédéric Dumas was a man of letters living in the Dutch Republic who served as an American diplomat during the American Revolution. He was born in German Ansbach to French parent ...

sent

Benjamin Franklin Benjamin Franklin (April 17, 1790) was an American polymath: a writer, scientist, inventor, statesman, diplomat, printer, publisher and Political philosophy, political philosopher.#britannica, Encyclopædia Britannica, Wood, 2021 Among the m ...

three original French copies of de Vattel's ''Le droit des gens'' (''The Law of Nations''). Franklin presented one copy to the

Library Company of Philadelphia The Library Company of Philadelphia (LCP) is a non-profit organization based on Locust Street in Center City, Philadelphia, Center City Philadelphia. Founded as a library in 1731 by Benjamin Franklin, the Library Company of Philadelphia has a ...

. On December 9, 1775, Franklin thanked Dumas:

It came to us in good season, when the circumstances of a rising State make it necessary to frequently consult the Law of Nations.

Franklin also said that this book by Vattel, "has been continually in the hands of the members of our Congress now sitting".

George Washington

Two notable copies of ''The Law of Nations'' owned by the

New York Society Library The New York Society Library (NYSL) is the oldest cultural institution in New York City. It was founded in 1754 by the New York Society as a subscription library. During the time when New York was the capital of the United States, it was the de ...

have been associated with

US President The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed For ...

George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...

. One copy had been borrowed by Washington on 8 October 1789, along with a copy of Vol. 12 of the ''Commons Debates'', containing transcripts from

Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...

House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...

. When the staff of the Washington museum at

Mount Vernon Mount Vernon is the former residence and plantation of George Washington, a Founding Father, commander of the Continental Army in the Revolutionary War, and the first president of the United States, and his wife, Martha. An American landmar ...

heard about the overdue books, they were unable to locate them, but purchased a second copy of the de Vattel work for

US$ The United States dollar (Currency symbol, symbol: Dollar sign, $; ISO 4217, currency code: USD) is the official currency of the United States and International use of the U.S. dollar, several other countries. The Coinage Act of 1792 introdu ...

12,000. This identical copy was ceremoniously "returned" 221 years late on 20 May 2010. The library waived the unpaid late-fees.

Other works

Vattel also published works other than his ''magnum opus''. He worked so intensely that his health broke down, and a return to Dresden in 1766 did not improve him. His last work, ''Questions de droit naturel, ou Observations sur le traité du droit de la nature, par Wolff'' ("Questions of natural rights...") was published in 1762 and concerned Wolff's

natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...

philosophy. He died in 1767 during a visit to Neuchâtel.

Influence

Vattel was a highly influential international lawyer. Vattel was one of a number of 18th century European scholars who wrote on

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

and were "well known in America" at the time, including

Jean-Jacques Burlamaqui Jean-Jacques Burlamaqui (; 24 June or 13 July 1694 – 3 April 1748) was a Genevan legal and political theorist who popularised a number of ideas propounded by other thinkers. Life Born in Geneva, Republic of Geneva, into a Calvinist family (des ...

Cornelius van Bynkershoek Cornelis van Bijnkershoek (a.k.a. ''Cornelius van Bynkershoek'') (29 May 1673, in Middelburg – 16 April 1743, in The Hague) was a Dutch jurist and legal theorist who was educated at the University of Franeker. After two years study, he began ...

Samuel von Pufendorf Samuel von Pufendorf (; ; 8 January 1632 – 26 October 1694) was a German people, German jurist, political philosopher, economist and historian. He was born Samuel Pufendorf and Nobility, ennobled in 1694; he was made a baron by Charles XI of ...

Thomas Rutherforth Thomas Rutherforth (also Rutherford) (1712–1771) was an English churchman and academic, Regius Professor of Divinity at Cambridge from 1745, and Archdeacon of Essex from 1752. Life He was the son of Thomas Rutherforth, rector of Papworth Everar ...

Niccolò Machiavelli Niccolò di Bernardo dei Machiavelli (3 May 1469 – 21 June 1527) was a Florentine diplomat, author, philosopher, and historian who lived during the Italian Renaissance. He is best known for his political treatise '' The Prince'' (), writte ...

, and Christian Wolff. ''The Law of Nations'' has been described as "unrivaled among such treatises in its influence on the American founders". Vattel is also cited extensively in

Lysander Spooner Lysander Spooner (January 19, 1808 – May 14, 1887) was an American abolitionist, entrepreneur, lawyer, essayist, natural rights legal theorist, pamphleteer, political philosopher, and writer often associated with the Boston anarchist tr ...

's ''The Unconstitutionality Of Slavery'' and appears to be a key Enlightenment thinker in Spooner's thought.

US Department of Defense 2015 Law of War Manual

In 2015 the United States Department of Defense published its Law of War Manual. Vattel is cited after

and before

Francis Lieber Francis Lieber (18 March 1798 – 2 October 1872) was a German-American jurist and political philosopher. He is best known for the Lieber Code, the first codification of the customary law and the laws of war for battlefield conduct, which serve ...

and

Hersch Lauterpacht Sir Hersch Lauterpacht (16 August 1897 – 8 May 1960) was a British international lawyer, human rights activist, and judge at the International Court of Justice. Biography Hersch Lauterpacht was born on 16 August 1897 to a Jewish family in ...

as a subsidiary means and an authority in determining the rules of

law of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...

References

Sources

Primary

''Le loisir philosophique ou pieces diverses de philosophie, de morale et d'amusement'' par Mr. de Vattel, Dresde : 1747 chez George Conrad Walther
via Google Books
''Le droit des gens ou Principes de la loi naturelle appliqués à la conduite et aux affaires des nations et des souverains''. Tome 1 / par M. de Vattel, Londres : 1758
vi
Gallica''Le droit des gens ou Principes de la loi naturelle appliqués à la conduite et aux affaires des nations et des souverains''. Tome 2 / par M. de Vattel, Londres : 1758
vi
Gallica''The Law of Nations''
(full text)
''Le droit des gens''
Emer de Vattel, Translation of 1758 edition, Ed. Charles Ghequiere Fenwick

1883 Ed. Joseph Chitty, & Edward D. Ingraham

Secondary

* Chetail, Vincent: "Vattel and the American Dream: An Inquiry into the Reception of The Law of Nations in the United States", in: Pierre-Marie Dupuy and

Vincent Chetail Vincent Chetail is a legal scholar and professor of public international law specializing in international migration law and refugee law at the Geneva Graduate Institute of International and Development Studies in Switzerland. He is also a senior ...

(editors): ″The Roots of International Law / Les fondements du droit international: liber amicorum Peter Haggenmacher″, Leiden 2014, pp. 251–300 * * * * Ossipow, William and Gerber, Dominik: "The Reception of Vattel's Law of Nations in the American Colonies: From James Otis and John Adams to the Declaration of Independence", in: "

American Journal of Legal History The ''American Journal of Legal History'' is a quarterly peer-reviewed law journal. It was established in 1957 and has been published by Oxford University Press since 2016. History The journal was established by Temple University law library direc ...

", 2017, pp. 1–35 * *
Peter Haggenmacher,"Vattel, Emer de" in ''Dictionnaire historique de la Suisse'', 02/07/2013.
* Steinhauer, Jason. "Emer Vattel and His Influence on Early America," https://blogs.loc.gov/kluge/2016/05/the-influence-of-emer-vattel/, May 6, 2016.

External links

* Emer Vattel and His Influence on Early America, https://blogs.loc.gov/kluge/2016/05/the-influence-of-emer-vattel/ *
VATTEL, EMER DE
a
Online Library of Liberty
* {{DEFAULTSORT:Vattel, Emer De 1714 births 1767 deaths People from the Principality of Neuchâtel International law scholars Philosophers of law 18th-century German lawyers International lawyers