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4 - Dissension in the ranks

Published online by Cambridge University Press:  30 July 2009

Stephen C. Neff
Affiliation:
University of Edinburgh
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Summary

[T]he state of men without civil society (which state we may properly call the state of nature) is nothing else but a mere war of all against all; and in that war all men have equal right unto all things.

Thomas Hobbes

[T]he belligerents at the outset made an agreement to rest their case with the fortune of battle. [T]his is understood to be the case … when the revenge for their injuries and the securing of their claims … are left to the arbitrament of Mars, and both sides enter the conflict with the thought: ‘Either I will revenge my right or injury in war, or else I will lose still more.’

Samuel Pufendorf

Until about the middle of the seventeenth century, Western European legal writing on the subject of war essentially grew out of a unitary tradition, stemming from the medieval just-war framework, with its roots in natural-law thought. Even when, during the seventeenth century, the voluntary law was brought in, the natural law remained as the base, with the voluntary law as a sort of superstructure. The seventeenth century, however, also witnessed the emergence of two dissident strains of legal thought as challenges to the mainstream tradition. One of them will be labelled the ‘Hobbesian’ school after its principal architect, the English political theorist Thomas Hobbes. At its heart was a view of natural law that was radically at odds with its medieval forebear.

Type
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War and the Law of Nations
A General History
, pp. 131 - 158
Publisher: Cambridge University Press
Print publication year: 2005

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  • Dissension in the ranks
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.008
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  • Dissension in the ranks
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Dissension in the ranks
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.008
Available formats
×