Property rights, genes, and common good

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property.     

A Whig History of Ethic: A Review of The Invention of Autonomy by J. B. Schneewind

J. B. Schneewind's The Invention of Autonomy has been hailed as a major interpretation of modern moral thought. Schneewind's narrative, however, elides several serious interpretive issues, particularly in the transition form late medieval to early modern thought. This results in potentially distorted accounts of Thomas Aquinas, Hugo Grotius, and G. W. Leibniz. Since these thinkers play a crucial role in Schneewind's argument, uncertainty over their work calls into question at least some of Schneewind's larger agenda for the history of ethics.     

RECONSIDERING THE RELATIONSHIP BETWEEN VITORIA AND GROTIUS’S CONTRIBUTIONS TO THE INTERNATIONAL LAW AND NATURAL LAW TRADITIONS

In light of recent reevaluations of the work of Hugo Grotius, this essay analyzes the respective roles of Francisco de Vitoria and Grotius in the construction of the “Grotian tradition” of international law and human rights. In contrast to conventional accounts which understand the two within a progression, this essay argues that Vitoria and Grotius can alternatively be understood as representing two distinct strains of international law and ethics, forms of which persist to this day. The first is that strain which privileges local governance based on the natural law and which insists that international law must have a moral or equitable valence (represented today by liberal internationalism). The second, competing strain which, with its focus on “neutral” rules of commerce and international order, presumes that it need not have such a valence (essentially, neoliberalism). In the process, this essay examines the role of the natural law in Vitoria’s thought, which for him was most often a reason against interference or intervention, not for. The essay also highlights the role of the Eighty Years’ War between the Dutch United Provinces and Spain in the development of Grotius’s understanding of sovereignty, in contrast to the Thirty Years’ War which is given more prominence in conventional accounts.