Volksunruhen in Württemberg 1789–1801

The juridical force of time forms a critical, but hitherto unexplored part of Hugo Grotius’s discourse on the justice of war and peace. Grotius defines war as a span of time in which disputed rights and armed conflicts between states are examined in reference to temporal coordinates. This method allows him to adjust otherwise static laws to meet the demands of times and spaces in an increasingly expanded world. In doing so, Grotius is also able to reconcile multiple layers of laws in a temporal framework, which suspends one layer of law, to be revived at later times. Finally, cautious in the use of the language of time, Grotius admits both that right demands immediacy, and that justice suffers delays. By this nexus of delay (mora) and emergency (necessitas), Grotius warns against the abuse of ‘time’ as a legal concept to justify unlawful claims, which still rings with alarm today.     

‘Iustitiam non includo’: Carl Schmitt,Hugo Grotius and the Ius Publicum Europaeum

Through a discussion of Hugo Grotius’ conception of just war, this essay shows that within his critique of liberalism, Schmitt clashed with the very intellectual tradition he claimed to represent. Both historically and philosophically Schmitt's concept of the Ius Publicum Europaeum was a mirage. Indeed, his concept of the political was a rejection of the moral and civil philosophy that sees politics as the world of active citizens and commonwealths arguing with each other about fundamental questions of justice and equity.     

Pilgrims Progress In Society Augustines Political Thought In The City Of God

Abstract

This essay attempts to study Augustines political thought in The City of God De Civitate Dei. It will demonstrate that the notion of pilgrimage is essential for understanding the political thought that Augustine develops in The City of God. To support the thesis, I will explore what role the theme of pilgrimage plays in Augustines formulation of anthropology, ecclesiology, and political thought in The City of God. Augustines ideas of pilgrimage stem from his pilgrim eschatology, which regulates the entire political aspect of the Christians life. Augustine does not lay any neutral realm between the city of God and the earthly city. The political work of pilgrims of the city of God for the citizens of the earthly city is associated with evangelism persuasion to love God, peace the mutual aim of the two cities, justice which starts from true worship, and prayer which is intending toward the final perfection.     

A Response to the Conference

Abstract

The question discussed in this article is whether Christian theology should influence contemporary political debates. The topic is discussed through two practical case studies: (1) technological advances in genetic engineering and (2) the just war tradition and the use of force. In the first discussion, Dietrich Bonhoeffer's unfinished Ethics is employed to demonstrate the importance of substantial theological categories to resist a reductionist technological utilitarian discourse about the body. Intrinsic human dignity is essentially God-given. In the second, Aquinas and Augustine add theological complexity and substance to secular discussions of war and peace. Human caring is more than the protection of the sovereign state. A peace that is only the absence of war can disguise many harmful situations. In conclusion, theological discussion brings nuance, richness and depth to secular political debates so long as theologians go beyond simplistic contributions such as ‘God demands’ or ‘The Bible forbids’.     

The Christian Peace of Erasmus

The aim of this essay is to show that Erasmus’s concept of peace should be understood as a form of irenicism rather than pacifism. I argue that Erasmus’s basic claims on war and peace do not qualify him as a pacifist, first of all because his concept of peace is non-universal: it is exclusively Christian since it does not include Muslims and Jews unless they have converted to Christianity. Secondly, Erasmus’s willingness to fight the Turks and his call for a Christian war against them suggests that he was not a pacifist. Since the peace Erasmus preached for was exclusively Christian, it cannot be identified as pacifism in its accepted universal sense, but rather as a commitment to the peace of Christendom, and therefore his concept of peace should more precisely be described as irenic. By shedding new light on Erasmus’s notion of war and peace, this essay suggests that his alleged religious tolerance should be considered anew.     

Justice and Injustice in the City

Following a recent growth of interest in questions of justice and the city, this paper considers how the work of contemporary critical urbanists compares with earlier accounts of urban justice and injustice. Our purpose in making this comparison is to consider how scholars concerned with justice and injustice in the city might better articulate the conceptual relationship between justice‐thinking and (in)justice‐documenting in their writings about the contemporary planned city. Using a selection of influential texts as evidence, our comparative commentary on past and present approaches focuses on three issues we think are crucial to this relationship. First, with the rise of analyses of the politics of difference, concepts of justice stressing procedure, process, and the hearing of multiple voices have come to the fore recently, especially in urban planning. Second, contemporary writers about geographies of justice have queried the value of using pre‐formulated, philosophical justice norms to judge outcomes and processes in particular contexts, seeing justice, rather, as intuited in the enactment of social conflicts and practices in those actual situations. Third, questions about the spatiality of justice and injustice have been aired recently asking whether justice and injustice have primarily a social rather than a spatial ontology. The conclusion of our evaluative review is that similar issues are being named and investigated now as were four decades ago, in investigations of justice and injustice in cities, but that concerted debates about theory and epistemology have elaborated the conceptual focus of discussion. We call for grounded investigations of enactments of justice as well as of injustice.     

Environmental Justice Meets Risk‐Class: The Relational Distribution of Environmental Bads

Recent treatments of environmental justice have highlighted the need to move beyond focusing upon inequalities in the distribution of environmental risks to address other aspects of environmental injustice, including unequal participation and recognition. While acknowledging the importance of extending environmental justice to include these other dimensions of justice, this paper argues that more, not less, analytical attention needs to be devoted to the diverse logics of distribution of environmental risks. In light of continuing dilemmas associated with whether environmental inequalities can be just or, alternatively, that environmental inequality and injustice are co‐extensive, this paper proposes to untangle some key connections between environmental inequalities and injustice through a critical confrontation of environmental justice with risk‐class analysis. Focusing on the positional or relational distribution of environmental bads as analysed in risk‐class analysis, this paper argues that bringing these two bodies of knowledge together can illuminate how relational inequalities have characteristics that make them particularly illegitimate from a justice perspective, thus making an advance in identifying key connections between environmental inequality and injustice.     

The long goodbye: Hugo Grotius’ justification of Dutch expansion overseas, 1615–1645

This article examines Grotius’ lifelong support for Dutch expansion overseas. As noted in other publications of mine, Grotius cooperated closely with the directors of the Dutch East India Company (VOC) in the years 1604–1615. Right up to his arrest for high treason in August 1618, he contributed towards Dutch government discussions about the establishment of a West India Company (WIC). Three years of imprisonment at Loevestein Castle and, following his escape, long years of exile could not weaken his dedication to the cause. His relatives in Holland, in particular his brother Willem de Groot and his brother-in-law Nicolaas van Reigersberch, kept him up-to-date on the fortunes of the VOC and WIC. His expertise on maritime affairs was in high demand. For example, Cardinal Richelieu invited him in November 1626 to become actively involved in the establishment of a French East India Company. As itinerant ideologue of empire, Grotius sought to further his own career and those of his nearest family members, without damaging the interests of the United Provinces. Through Willem de Groot and Nicolaas van Reigersberch, he provided informal advice on Dutch imperial policy to the VOC directors and government officials in The Hague. He was rewarded with the appointment of his brother and his second son, Pieter de Groot, as VOC lawyers (ordinaris advocaten) in 1639 and 1644, respectively. They served as his proxies in diplomatic disputes involving the VOC, the States General and the Portuguese ambassador in autumn 1644, when Pieter and Willem de Groot wrote a defense of VOC claims to the cinnamon-producing areas of Ceylon (modern-day Sri Lanka), liberally citing De Jure Belli ac Pacis. Grotius’ vision of empire hardly changed in the course of 40 years. In his view, the Dutch had gone to the Indies as merchants, not conquerors, and should regulate themselves according to natural law and the law of nations. Thus he contributed to the creation of two political orders, one for Europe and one for the Indies. European diplomatic relations counted for little beyond the Line. VOC and WIC officials could act as judges and executioners in their own cause, without reference to indigenous rulers, other colonial powers, or even the political authorities back home.     

L'enfer tonique (Malthus et gobineau)

This article focuses on the Tacitist thought shared by Justus Lipsius and Hugo Grotius. Contrary to what his later works might suggest, in the years before the Dutch political crisis of 1618, Grotius appears willing to look at history and contemporary politics in terms of the Tacitist and reason-of-state-based categories defined in Lipsius's political works. A specific Lipsian inspiration seems present in Grotius's Amsterdam address of 1616, and his analysis of the early Dutch Revolt in the Annales et Historiae is determined by categories of thought which at the time were identified with Lipsius's intellectual legacy.     

Introduction: Between Morality and Anthropology—Sociability in Enlightenment Thought

Summary

This introductory article sketches out the evolution of the concept of sociability in moral and political debates from Grotius to the German Romantics, so as to elucidate the range and scope of the contributions to this special issue. The article argues that the concept of sociability serves as a bridge between moral theory, domestic politics and international relations, just as it also connects the jurisprudential mode of enquiry to subsequent Enlightenment enquiries into political economy, aesthetics, individual and collective moral psychology, forms of government and philosophical history. Particular attention is paid to sociability's relationship to moral scepticism, and to its position between morality and anthropology. The article highlights the central role of Rousseau in radically reformulating the debate and in sparking new controversies up to the nineteenth century.     

A female war correspondent on the Italian front, 1915–17: the Austrian travel journalist and photographer Alice Schalek

In July 1915, Alice Schalek was accredited to the Austro-Hungarian Kriegspressequartier (War Press Office) as one of a small number of female war correspondents, publishing her war reports and photographs in the prestigious Viennese newspaper Neue Freie Presse and in the illustrated German magazine Berliner Illustrirte Zeitung. Schalek’s writings and photographs were very popular, but also sharply criticized in some quarters for their alleged lack of objectivity and a tendency to glorify the war. Her most prominent critic was the Austrian writer and journalist Karl Kraus, whose negative judgment dominated Schalek’s historical reputation for many decades. Focusing on Schalek’s assignments to the Italian front during 1915–17, this article looks at the working conditions faced by Schalek as a female war reporter and reconstructs the war images she transmitted to the public through her writings, photographs, and lectures. Moreover, it asks in what ways Schalek’s work reflects a female perspective on the war.     

Women and children,war and peace: political agency in time of conflict

The four books under review focus on different aspects of war and conflict, but they all make it clear that women and children are more than their victims. They can be, and often are, active participants in all dimensions of conflict, from taking up arms to working for peace. While all four books paint an appropriately grim picture of war and its impact, there is also some optimism to be found in the resilience shown by women and children as they face the brutality of war and often actively seek to work for peace. Three of the books examine women's involvement in conflict, war, peace and peacemaking, and the aftermath of these events, albeit in very different ways—although all view women as active participants in the process rather than as victims. The fourth book included in this article, Children and global conflict, is not only relevant to the discussion, but also provides another important lens through which we can examine issues of conflict, war and peace. This review article provides insight into the contrition made to the field by these recent books individually, as well as when considered as parts of a whole.     

“Genocide is Fascism in Action”: Aron Trainin and Soviet Portrayals of Genocide

ABSTRACT

This article examines the Soviet legal scholar Aron Trainin’s evolving writings on international law. Initially, Trainin formulated aspects of his concept of “crimes against peace” as a sort of Soviet alternative to Raphael Lemkin’s crimes of barbarity and vandalism. Crimes against peace both converged with the larger international movement to outlaw aggressive war, provided a Soviet alternative to proposed international crimes that they believed would threaten Soviet sovereignty, and provided a Soviet response to Lemkin’s proposals to outlaw mass killings. During World War II, Trainin articulated the Nazi extermination of the Jews as “crimes against peaceful civilians,” linking the Nazi atrocities to his concept of crimes against peace. Trainin’s concept of “crimes against peaceful civilians” encompassed the atrocities of the Holocaust while also asserting that the Soviet experience of the war – most notably Soviet sacrifice and suffering – meant that the Soviets should determine how international criminal law punished the war’s perpetrators. After World War II, when it became clear that genocide, rather than “crimes against peace” or “crimes against peaceful civilians,” was becoming the primary concept in international law to understand mass killings, Trainin portrayed the concept of genocide according to the perspective of Soviet propaganda, opposing an international criminal court for genocide, supporting the concept of cultural genocide, and portraying genocide as an inevitable outcome of capitalism. At the same time, Trainin and the Soviets never abandoned his concept of “crimes against peace,” portraying capitalism as inherently bound up with war and genocide. Trainin was the most significant genocide scholar in the Soviet Union, and his work exemplifies both the ways in which Soviet approaches to international law converged with other approaches, and the ways in which the Soviet Union diverged from non-Soviet international law.     

Rights as Wrongs: Legality and Sacrality in Thailand

Abstract

Interviews with injury victims in northern Thailand (Lanna) conveyed a pervasive sense of injustice in their daily lives but a notable absence of the language of rights. Despite the proliferation of rights-based discourses, organisations, and institutions in Thai society, interviewees tended to disfavour the pursuit of rights because they believed that resort to the legal system would subvert Lanna traditional practices and would add to the bad karma that caused their suffering in the first place. This article traces fundamental contradictions in northern Thai concepts of justice arising from the imposition of “modern” systems of law and religion by the central Thai (at that time Siamese) government in the late nineteenth and early twentieth centuries. It views the legal modernisation project as a continuation of earlier efforts to impose central control over outlying regions by curtailing what were viewed as deviant cultural practices in order to weaken rival political, religious and legal traditions. The transformation of law in Lanna – from the Mangraisat tradition to a European-style legal framework – should therefore be viewed in conjunction with other cultural and political transformations initiated from Bangkok. Current expressions of disaffection and confusion about justice are rooted in this broader historical process.     

The Dutch social democrats and the South African war, 1899–1902

This article examines the attitude of the Dutch Social Democrats towards the South African War (1899–1902). At the beginning of the war the SDAP (Social Democratic Workers’ Party) had three seats in the Staten‐Generaal (Parliament). By 1902 this had increased to seven. The South African War created a wave of nationalism in the Netherlands. The Boers were of Dutch descent, and the Dutch generally saw the war as their own. As much as it wanted to assist the Transvaal, the Dutch government, however, could not afford to annoy Britain upon whom she depended for commercial protection of her East Indian colonies. In Social Democratic circles there was a mixed reaction to the war, particularly as their enemy, the Dutch bourgeoisie, had taken the side of the Boers. Arguments were raised for and against on the one hand, humanitar‐ianism and the law of nations, and on the other, historic‐materialistic considerations. The organs of the SDAP—De Sociaaldemokraat and later Het Volk—supported the Boer cause. Their internationalism almost compelled the Social Democrats to stand aloof from the chauvinistic Dutch bourgeoisie. They pointed out that the Netherlands, with its policy on Acheh, an independent sultanate on Sumatra, was in actual fact also an imperialistic nation. Anti‐British sentiment among the Social Democrats rose sharply when the Amsterdam diamond cutters also became victims as many lost their jobs in the wake of the war. Chamberlain (the British Colonial Secretary) and Kitchener (British Commander‐in‐Chief) were seen as war criminals. When, towards the end of 1901, the Amsterdam Water Transport Leagues attempted to organise an international boycott of British shipping, the SDAP sympathised with the plan, but did not give its official approval. Nothing came of the attempt. The Dutch Social Democrats reluctantly accepted the peace, feeling that the Boers would in the future be exploited by British capitalism.     

Now More than Ever: Terrorism,Asymmetric Warfare,and the Just War Tradition

Abstract

For more than fifteen hundred years, the just war tradition has provided guidance about when wars should and should not be fought. It has also incorporated standards for how wars should be fought. The tradition rejects the claim that all use of force is evil, suggesting instead that in some circumstances the failure to use force is wrong. War is never desirable, but sometimes it is both right and necessary. The just war tradition helps us understand when this is true. The tradition developed to help control conventional warfare, but it is no less applicable to the terrorism and asymmetrical warfare prevalent in contemporary conflicts. In a world where American military power is unmatched, any opponent's best option is some form of asymmetric warfare. Such warfare is frustrating to conventional forces and tempts them to respond with an "all's fair in war" approach that is both morally wrong and militarily counterproductive. Neither pacifism nor "realism" deals adequately with the challenges of twenty-first century warfare. Only the just war tradition provides clear guidance about when and how it is right to go to war and places this in the context of establishing a peace based on justice and equity.     

Pufendorf disciple of Hobbes: The nature of man and the state of nature: The doctrine of socialitas

No doctrine of Pufendorf's is better known than that of socialitas. The reason is that Pufendorf himself declared that socialitas was the foundation of natural law. No interpreter of Pufendorf can therefore avoid dealing with it. Moreover, Pufendorf linked the issue of socialitas to the question of the state of nature, thus raising important issues with both theological and philosophical implications.

Given the prominence and importance of this theme in Pufendorf's work, a close analysis of what he meant by it is central to the interpretation of his work, even though this means to pose again a new number of questions already discussed in the scholarly literature. In particular, this article examines the relationship between Pufendorf and Hobbes with regard to this central theme. In fact, a traditional historiographic topos is that Pufendorf and Hobbes fundamentally disagree on the doctrine of socialitas, while the former is closer to Grotius and to the Aristotelian-classic tradition that see man as a social animal.

This article takes, instead, Pufendorf to be a follower of Hobbes, and tries to explain how the more traditional view of Pufendorf as a critic of Hobbes was in some way due to Pufendorf's own attempt to distance himself from the accusations of Hobbesism (and hence of atheism and moral indifference) that the critics made against him when his work first appeared. In order to do this, Pufendorf tried to rethink his own position within the history of ethics, and put himself on the side of the Stoics, of Grotius and of Cumberland, against Epicurus and Hobbes. This retrospective ‘illusion’ has greatly influenced later scholarship, giving us a distorted image of Pufendorf's own view of socialitas. A more precise account of the latter gives a better prospective from which to look at the relationship between Pufendorf and Hobbes.