Roman Law in the State of Nature offers a new interpretation of the
foundations of Hugo Grotius' natural law theory. Surveying the
significance of texts from classical antiquity, Benjamin Straumann
argues that certain classical texts, namely Roman law and a
specifically Ciceronian brand of Stoicism, were particularly
influential for Grotius in the construction of his theory of
natural law. The book asserts that Grotius, a humanist steeped in
Roman law, had many reasons to employ Roman tradition and explains
how Cicero's ethics and Roman law - secular and offering a doctrine
of the freedom of the high seas - were ideally suited to provide
the rules for Grotius' state of nature. This fascinating new study
offers historians, classicists and political theorists a fresh
account of the historical background of the development of natural
rights, natural law and of international legal norms as they
emerged in seventeenth-century early modern Europe.
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