In this Book

summary
The freedom of the oceans of the world and coastal waters has been a contentious issue in international law for the past four hundred years. The most influential argument in favor of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 Mare Liberum (The Free Sea).The Free Sea was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, De Jure Praedae (Commentary on the Law of Prize and Booty), which Grotius had written to defend the Dutch East India Company’s capture in 1603 of a rich Portuguese merchant ship in the Strait of Singapore.Liberty Fund’s new edition of The Free Sea is the only translation of Grotius’s masterpiece undertaken in his own lifetime, left in manuscript by the English historian, Richard Hakluyt (1552–1616). It also contains William Welwod’s critique of Grotius (reprinted for the first time since the seventeenth century) and Grotius’s reply to Welwod. These documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law.

Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University. He is the author of The Ideological Origins of the British Empire and The Declaration of Independence: A Global History; the editor of Theories of Empire, 1450–1800; and the co-editor of The British Atlantic World, 1500–1800,Shakespeare and Early Modern Political Thought, and The Age of Revolutions in Global Context, c. 1760–1840.

Richard Hakluyt (d. 1616) was a geographer, editor, and translator of travel literature. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Table of Contents

  1. Title Page, Copyright
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  1. Table of Contents
  2. p. ix
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  1. Introduction
  2. pp. xi-xx
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  1. A Note on the Texts
  2. pp. xxi-xxiv
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  1. Acknowledgments
  2. p. xxv
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  1. Hugo Grotius, The Free Sea, p. 1
  2. p. 1
  1. The Chapters of the Disputation, p. 3
  2. pp. 3-4
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  1. To the Princes and Free States of the Christian World, p. 5
  2. pp. 5-9
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  1. Chapter I. By the law of nations navigation is free for any to whomsoever , p. 10
  2. pp. 10-13
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  1. Chapter 2. That the Portugals have no right of dominion over those Indians to whom the Hollanders sail by title of invention
  2. pp. 13-15
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  1. Chapter 3. That the Portugals have no right of dominion over the Indians by title of the Pope's gift
  2. pp. 15-17
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  1. Chapter 4. That the Portugals have no right of dominion over the Indians by title of war
  2. pp. 17-20
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  1. Chapter 5. That the sea or right of sailing on it is not proper to the Portugals by title of possession
  2. pp. 20-37
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  1. Chapter 6. The sea or right of navigation is not proper to the Portugals by title of the Pope's gift
  2. pp. 38-39
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  1. Chapter 7. That the sea or right of sailing is not proper to the Portugals by title of prescription or custom
  2. pp. 39-49
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  1. Chapter 8. That trading is free by the law of nations among all or between any
  2. pp. 49-51
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  1. Chapter 9. That merchandise or trading with the Indians is not proper to the Portugals by title of possession
  2. pp. 51-52
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  1. Chapter 10. That trading with the Indians is not proper to the Portugals by title of the Pope's donation
  2. p. 52
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  1. Chapter 11. That trading with the Indians is not proper to the Portugals by the right of prescription or custom
  2. pp. 53-54
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  1. Chapter 12. That the Portugals incline not to equity in forbidding trade
  2. pp. 54-56
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  1. Chapter 13. That the right of the Indian trade is to be retained and maintained both by peace, truce and war,
  2. pp. 57-62
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  1. William Welwod's Critique, "Of the Community and Propriety of the Seas,"
  2. pp. 63-74
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  1. Hugo Grotius, "Defense of Chapter V of the Mare Liberum,"
  2. pp. 75-130
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  1. Bibliography
  2. pp. 131-136
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  1. Index, p. 137
  2. pp. 137-145
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  1. Publication Information
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Additional Information

ISBN
9781614877998
Related ISBN
9780865974319
MARC Record
OCLC
824698559
Pages
170
Launched on MUSE
2013-01-01
Language
English
Open Access
No

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