Grotius’s Contract Theory in the Works of His German Commentators: First Explorations
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Grotius’s Contract Theory in the Works of His German Commentators: First Explorations. / Astorri, Paolo.
I: Grotiana, Bind 41, 2020, s. 88-107.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Grotius’s Contract Theory in the Works of His German Commentators: First Explorations
AU - Astorri, Paolo
PY - 2020
Y1 - 2020
N2 - Due to its enormous importance, Grotius’s contract doctrine has been extensively investigated by legal historians. This paper seeks to enhance scholarly understanding of this topic by looking at commentaries on De jure belli ac pacis written by German theologians and jurists in the second half of the seventeenth century. The paper focuses on comments concerning promises: the criteria for promises that are binding under natural law; the foundations of the obligation to keep promises; error and duress; and immoral promises. Grotius’s contract doctrine rested on a mélange of sources, both theological and juridical, which were not always consistent. Commentators sought to harmonise them by looking at them from different perspectives: some comments were mainly based on interpretations of ius commune texts, whereas others reflected a moral theological approach. The results drew distinctions (directly or indirectly)between law and moral theology that contributed to the fragmentation ofGrotius’s synthesis.
AB - Due to its enormous importance, Grotius’s contract doctrine has been extensively investigated by legal historians. This paper seeks to enhance scholarly understanding of this topic by looking at commentaries on De jure belli ac pacis written by German theologians and jurists in the second half of the seventeenth century. The paper focuses on comments concerning promises: the criteria for promises that are binding under natural law; the foundations of the obligation to keep promises; error and duress; and immoral promises. Grotius’s contract doctrine rested on a mélange of sources, both theological and juridical, which were not always consistent. Commentators sought to harmonise them by looking at them from different perspectives: some comments were mainly based on interpretations of ius commune texts, whereas others reflected a moral theological approach. The results drew distinctions (directly or indirectly)between law and moral theology that contributed to the fragmentation ofGrotius’s synthesis.
U2 - 10.1163/18760759-04101005
DO - 10.1163/18760759-04101005
M3 - Journal article
VL - 41
SP - 88
EP - 107
JO - Grotiana
JF - Grotiana
SN - 0167-3831
ER -
ID: 243854056