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.
|Published (Last):||6 January 2006|
|PDF File Size:||12.64 Mb|
|ePub File Size:||18.35 Mb|
|Price:||Free* [*Free Regsitration Required]|
No one, therefore, should be prohibited access to the shore of the sea. But Vasquius, the honor of Spain, hath most carefully handled all this question, whose subtlety in sifting the law and liberty in teaching you would never look for. Therefore he who prohibits anyone else from fishing on the sea, whoever he is, commits a wrong.
All that is certain grotiuus that the mar can have been undertaken no earlier Edition: First, it is not susceptible of occupation; and second its common use is destined for all men.
Mare liberum by Hugo Grotius – Law of the sea – Te Ara Encyclopedia of New Zealand
And that worthily too. Property being found liberu, there was a law set down which should imitate nature. But this communion was referred unto use:.
But whither have the Portugals compassed that sea with garrisons placed there, as we use to do the land, that so it should be in their power to exclude whom they would? And I would to God the revenues of all the libefum and tyrants of the world were so diminished! Because both the Venetians and the Genoese have defended it in word and deed as regards the Mediterranean, and both the Spaniards and the Portuguese as regards the ocean.
But the difference they make herein is ridiculous.
For proof whereof that which we have delivered by the opinion of doctors is a most certain argument: And thus far concerning the solidity. Shall not this prince be acknowledged, at least with grotiuss good which that sea conserved by him offers so directly to him?
Mare Liberum | work by Grotius |
It maketh for our purpose, for even at this day the use of waters is common no otherwise than it was from the beginning of the world. And thus far concerning Mare Liberum his last and great conclusion against all appropriation thereof by people or princes. It is no more lawful for kings to transgress these than for the common people to impugn the decrees of senators, senators to resist the edicts of presidents, and viceroys the laws and statutes of their kings, for those very laws of people and all cities flowed from that fountain; thence they received their sanctimony and majesty.
Occupation or possession in movables is apprehension; in immovables, instruction and limitation. Nay, in a creek of the sea, as in a creek of a river, if I have possessed such a place and have fished there, specially if I have testified my purpose privately of possessing it by the continuance of many years, by that right I may forbid another to use the same as we gather out of Marcian no otherwise than in a lake in my jurisdiction, which is true so long as librum continueth, as we said before of the shore.
Views Read Edit View history. By the divine law it was clearly enough established what should be thought and taught about the Highest Trinity, yet the same is prescribed in the constitutions of the emperors.
For in both cases, as appeareth, the reason is alike. Therefore, the liberty of trading is agreeable to the primary law of nations which hath a natural and perpetual cause and therefore cannot be taken away and, if it might, yet could it not but by the consent of all nations, so far off is it that any grotiua, by any means, may justly hinder two nations that are willing to trade between themselves.
Secondly, if they will use the division of Pope Alexander the Sixth, above all that is specially to be considered whether the Pope would only decide Edition: Not otherwise is Theophilus: Which bounds Bartolus hardily extends and allows for princes maee people at the seaside an hundred miles of sea forth from their coasts at least, 27 and justly, if they exercise a protection and conservacy so far; 28 and this reach is called by the Doctors districtus maris, et territorium.
But it is natural and agreeable to the highest law and also to equity itself that every man should rather propound his own gain unto himself than another, although his gain who took it before. Wherefore, if any right belonged to Edition: Trading is granted to the Portugals as to other nations; therefore, when they both pay tribute and obtain liberty of maer of the princes, they testify sufficiently that they are not lords but arrive there yrotius foreigners, for they do not so much as dwell there but by entreaty.
Another argument can be added, namely, that necessity, which reduces everything to the natural law, because the mother of positive law is utility which should yield to necessity, makes common again things formerly owned. Nay truly, if this hath been all the care and endeavor, to show that to all which they only have found, who is so mad that would not profess himself much indebted unto them?
What else, for when he may without his own damage let him impart unto another in such things as are profitable to the receiver and not offensive to the giver?
Who will infer from this that that law sprang from the will of the emperor and will not see that the contrary rather is contained in those words? For Cicero does not mean thereby that nature is opposed to ownership, and, as it were, lliberum anything at all becoming property, but that nature of itself does not cause anything to be property.
For there ought to be a difference between the agent and the patient. The first translation was by Richard Hakluytand was completed some time between the publication of Mare Liberum in and Hakluyt’s death in Liberu, 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 grotihs a wrong it giveth occasion to hope well.