Grotius, Hugo
"The Freedom of the Seas: or, The Right which belongs to the Dutch to take…” is a legal and philosophical treatise written during the early 17th century. The likely author is Hugo Grotius, a renowned Dutch jurist, and the work is presented here in a scholarly English edition accompanied by Latin text and extensive academic apparatus. The central topic of the book is the argument that the seas—and specifically the right of navigation and trade—are common to all and cannot rightfully be claimed as the exclusive domain of any one nation, focusing particularly on Dutch claims in opposition to Portuguese and Spanish monopolies in the East Indian trade. The opening of this treatise frames the conflict as one of natural law and universal justice, appealing to rulers and nations to consider the equality of all peoples and the shared rights granted to humanity by God and nature. Grotius lays out the case that justice is not subject merely to the whims or power of rulers, but derives from immutable principles applicable to all. He summarizes the points at issue: whether any nation can claim the vast oceans as its exclusive possession, and whether it can exclude others from navigation or trade. Beginning with the proposition that freedom of navigation and commerce is a right of all nations by law of nature and nations, he refutes the rights of discovery, Papal donation, and war as valid grounds for Portuguese sovereignty over the seas or peoples of the East Indies. The treatise draws on…
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