Mare Liberum: Western philosophy: Political philosophy: and the resulting two treatises, The Freedom of the Seas () and On the Law of War and Peace. Mare Liberum vs. Mare. Clausum: Grotius, Freitas, and Selden’s Debate on. Dominion over the Seas. M6nica Brito Vieira. Why would you withhold water from my. In Dutch legal thinker Hugo Grotius (de Groot) wrote Mare liberum, about the idea of freedom of the seas. Later, this was pivotal to the.
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It rests to touch the other cause natural for that mage impossibility which may be the continual flux and Edition: That very thing therefore which in a commonwealth, to wit, in a less assembly of men, is judged and esteemed grievous and dangerous, is it tolerable in that great society of mankind that the Spanish people should make a monopoly of the whole world?
For where the law taketh mzre all prescription, this time surely is not admitted; that is to say, as Felinus speaketh, a matter unprescribable is not made prescribable by time grotiks of mind. Moreover, albeit these and other Roman lawyers pronounce so concerning the community of the sea-shore and coast that private men may build houses within the flood-mark and appropriate them to themselves, according to that which Neratius writes, quod in littore quis aedificat, eius fit: Let there be a second conclusion therefore from the selfsame words of the jurists.
For an island grotiu arises in water that belongs to someone becomes the property of him to whom the water belongs. What, cannot temporal lords indeed in their dominions forbid the liberty of trading, as by reasons and authorities before is declared? But Welwod, a man rather suspicious and who can see what does not Edition: For the use of that which belongs to no one must necessarily be open to all, and among the uses of the sea is fishing.
Now it cometh to pass that one nation should supply the want of another by the appointment of divine justice, that thereby as Pliny saith that which is brought forth anywhere might seem to be bred with all; 1 therefore we hear poets speaking. Many editions of Grotius’s works are held in the Peace Palace Library, a repository for libegum on international law in the Hague, the Netherlands.
Online Library of Liberty
If any think it hard that those things should be exacted of him which the profession of so holy a name requireth the least whereof is to abstain from injuries surely everyone may know what his duty is by that which he commandeth another. In all of these passages there is no question about the injustice of an action by which the use of a common thing is impeded, but about the proper remedy.
Neither doth it make the place proper to any but conferreth the right upon the persons of the contractors. But which of the two did violence to them will be easy for him to judge who has both interpretations before his eyes.
He therefore contemneth brotius custom and calleth it usurpation, as also Ambrose doth amongst the Christian doctors. His warrants for his conclusion also are the Roman lawyers whom I said to be wrested by Mare Liberum, and therefore must show the same, contrary to his purpose indeed.
For otherwise it cannot be. By reason whereof there was a certain kind of dominion, but universal and indefinite.
But it appeareth that all these things must concur, both because the law is an enemy to prescription of public things and also that he which prescribeth may seem to have used his own right and not the libeerum right, and that without interrupting his possession. For property does not occur except through occupation, grotuis before occupation, there must precede the right of occupation.
Add also the fact that eminent theologians grotiuw of the opinion that in the primeval state of Paradise there was no property, that is, as distinct from use, and that there would not have been, had not sin intervened. It is certainly a very powerful argument, for maintaining the freedom of navigation, that the sea belongs to no one.
It is the responsibility of the user of any material to obtain clearance from the copyright holder. He then turned to their arguments for exclusive navigation and commerce.
The Free Sea (Hakluyt trans.) – Online Library of Liberty
And yet before I go any further I cannot pass the author his ridiculous pretence, in both epistle and beginning of his discourse, as for a liberty only to sail on seas: In Dutch legal thinker Hugo Grotius de Groot wrote Mare liberumabout the idea of freedom of the seas.
The disputation was directed towards the Portuguese Mare clausum policy and their claim of monopoly on the East Indian Trade. That may thus be understood. For Cicero does not mean thereby that nature is opposed to ownership, and, as it were, forbids anything at all becoming property, but that nature of itself does not cause anything to be property. Oxford University Pressp. But whatsoever may become private by occupation we have declared that the same may also become public, that is to say, proper to the people.
But, in order to prove what I had had in mind, I had divided the treatment there in such liberuum way as to make clear this sea neither could be occupied nor in fact had been nare by the Portuguese. They, therefore, that take away this, take away that most laudable society of mankind; they take away the mutual occasions of doing good and, to conclude, violate nature herself.
But when robbers and murderers are discomfited, as a good conscience bringeth boldness and assurance with it, so because we go about to revenge and not to do a wrong it giveth occasion to hope well. But on the contrary part, in all ages there have been some wise and religious men not of servile condition who would pluck grotiius persuasion out of the minds of simple men and convince the others, being defenders thereof, of impudency.