Modification de The legal-political problems of the conquest II
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These four arguments are strong and powerful, and are taken up and detailed in the Mare liberum. Grotius is not the evil thinker of the great modern empires, but the founder of classical international law, but he did, willingly or unwillingly, set out a tailor-made vision, and the great European empires found arguments in Grotian theory and ideology to justify their imperial conception or model of empire. In a way, actions have to find justification in the legal order. That is why even the great empires that had power had to find justification. Grotius provided them with a whole series of legal arguments to justify the European conquest. | These four arguments are strong and powerful, and are taken up and detailed in the Mare liberum. Grotius is not the evil thinker of the great modern empires, but the founder of classical international law, but he did, willingly or unwillingly, set out a tailor-made vision, and the great European empires found arguments in Grotian theory and ideology to justify their imperial conception or model of empire. In a way, actions have to find justification in the legal order. That is why even the great empires that had power had to find justification. Grotius provided them with a whole series of legal arguments to justify the European conquest. | ||
In 1609 Grotius published his book Mare liberum. The four arguments are | In 1609 Grotius published his book Mare liberum. The four arguments are : | ||
*impossibility of appropriating the seas; | *impossibility of appropriating the seas; | ||
* the sovereignty of the Indians must be guaranteed; | * the sovereignty of the Indians must be guaranteed; | ||
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{{citation bloc|it is moreover a principle that discovery does not give a right to things which previously belonged to no one (L. 3, ff. De acq. Rer. Dom.). The Indians, however, when the Portuguese arrived home, although they were idolatrous, partly Mohammedan, and therefore defiled by serious errors, nevertheless had perfect ownership of their property and possessions, property which could not be taken away from them without just cause (Covarruvias, in cap. Peccatum, §.10, n. 2, 4 and 5).}} | {{citation bloc|it is moreover a principle that discovery does not give a right to things which previously belonged to no one (L. 3, ff. De acq. Rer. Dom.). The Indians, however, when the Portuguese arrived home, although they were idolatrous, partly Mohammedan, and therefore defiled by serious errors, nevertheless had perfect ownership of their property and possessions, property which could not be taken away from them without just cause (Covarruvias, in cap. Peccatum, §.10, n. 2, 4 and 5).}} | ||
We are following the logic of Vitoria, with a plea, admittedly, | We are following the logic of Vitoria, with a plea, admittedly, instrumentalized, but a plea in favour of the Indians. | ||
{{citation bloc|Finally, the East Indians are neither ferocious nor stupid, but skilful and industrious, so that one cannot even derive from their character a pretext for subjugating them, a pretext which would not leave them, by itself, to be manifestly iniquitous.}} | {{citation bloc|Finally, the East Indians are neither ferocious nor stupid, but skilful and industrious, so that one cannot even derive from their character a pretext for subjugating them, a pretext which would not leave them, by itself, to be manifestly iniquitous.}} |