Justice among Nations. A History of International Law - Stephen C. Neff

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chapter four

Putting Nature and


Nations Asunder


I


t was traditionally supposed that Alexander the Great traveled with
a copy of Homer’s Iliad constantly to hand, and that he even slept with it
under his pillow. A similar story arose of the energetic Swedish King Gusta-
vus Adolphus, the most fearsome commander of the Th irty Years War in
Eu rope (1618– 48). His reputed choice of reading material was a ponderous
legal tome entitled On the Law of War and Peace (1625), written by Hugo
Grotius. Of the two generals, Alexander certainly had the advantage from
the literary standpoint. Grotius’s work was a densely learned treatise, heav-
ily weighed down with an interminable mass of humanist learning. So bulky
was it that, if Gustavus had had it on his person at the Battle of Lutzen in
1632, it might easily have stopped the bullets that killed him. But the book
performed heroic ser vice of another sort. It became the leading text of inter-
national law for the next century and more.

New Ways of War and Statecraft


In de pen dent states had existed de facto in Eu rope since the demise of the
Roman Empire. Only in the thirteenth century, however, with the recovery
of Aristotle’s Politics, did the in de pen dence of states begin to be accepted as
a matter of high principle rather than as a sad misfortune and index of hu-
man degeneracy. With the growth and consolidation of the major Eu ro pe an
states from the late Middle Ages onward, this sentiment grew steadily.
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