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Cambridge Companions are a series of authoritative guides, written by leading experts, offering lively, accessible introductions to major writers, artists, philosophers, topics, and periods.
Cambridge Companions are a series of authoritative guides, written by leading experts, offering lively, accessible introductions to major writers, artists, philosophers, topics, and periods.
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Written in captivity in 1619-1621 and first published in 1631, Grotius’ Inleidinge tot de Hollandsche Rechts-geleertheyd was the first-ever comprehensive introductory textbook on Hollandic (private) law and jurisprudence in the Dutch language. It became one of the key and even founding texts in the tradition of Roman-Dutch law. This contribution first focuses on the writing and publication process, as well as on the aim, style and structure of the work. Afterwards, the main ideas of the Inleidinge on the law of persons, property law and the law of obligations are summarized. Finally, the fate and influence of the Inleidinge after Grotius’ death are briefly highlighted.
Grotius’s theory of property was meant to yield practical results. The principle of the freedom of the seas, for instance, was based on the idea of seizure as a constituent element of property and exclusivity. This focus on practical results enables a secularized reading of his theory of property. However, some essential aspects of his property theory are not entirely comprehensible without taking into account Grotius’s wider theological framework. Therefore, in this article I will focus on Grotius’s idea of consent to the principle of first occupation as the foundation of his property theory, and link it with his theologically loaded conceptions of man’s freedom and equality, or the universal fellowship of humankind.
Confronting the successful state Holland with the rogue state Spain, Grotius develops a comparative politics pointing to concordia and justice as conditions for sustainable political order, characterized by its constitution. When it comes to the management of church and religion in the state, from a broadly Erastian position, Grotius reconstructs the (biblical) history of the administration of religion to conclude that it unreservedly is in the care of the supreme authorities, even if it can be delegated. Yet, religious convictions cannot be forced, and religious beliefs differ over the globe. At the same time, the relativity that pervades his ars politica can be seen as contained within a unifying conception of what the demands of politics are.
A legal analyses of Grotius’s ideas on sovereignty in De jure belli ac pacis shows that political power is in fact the natural right of the political association to defend its rights and foster its well-being, transferred to one (monarchy), a few (aristocracy) of many (popular government). The power transferred from the association to the ruler can be absolute or conditional, complete or partial, perpetual or temporary, and the ruler can hold the right to rule in property, or have a usufructuary or precarious right to it. Notwithstanding the people’s right to resist their ruler(s) in some well-described cases of abuse of power, Grotius regards the ruler with a property or usufructuary right in political power as supreme (‘sovereign’), even if his power is limited. According to Grotius, power is supreme if the ruler’s actions are not subject to the legal control of another. Abuse of power beyond its limits is not an act of the political ruler, but of someone infringing on another’s rights.
The chapter uncovers the role that Grotius’ philosophy of virtues plays in defining and renegotiating the sphere of law in peace; its distinct roles during and after war; the conditions in which Grotius used virtues as a benchmark to correct and evolve law; and the conditions in which he thought that law can rightfully ignore the calls of virtue. Grotius’ function for virtue in law is then compared to conventional roles assigned to religion in correcting and stimulating law. The chapter brings out the coherence of Grotius’ theory of virtue and law as he applied it to diverse real-life problems and themes, ranging from Iberian-Dutch encounters through his justification of free trade to the doctrinal minimalism that Grotius regarded as the best chance of saving the United Provinces from religious strife. The distinctive rights and duties of sovereigns, magistrates, soldiers, slaves, citizens and Christians are finally explained in light of Grotius’ virtue - law dynamic.
Grotius drew mainly upon the Catholic moral theologians, but his theory of contract law is set in the different perspective of his ‘secular’ natural law system.
This chapter examines how the title of founder of the law of nations was bestowed upon Grotius and how the liberal internationalist interpretation of the existence of a Grotian tradition in international law came into being. It also reviews the extent to which both historical constructs have been challenged by new historical research and contemporary re-interpretations of Grotius’ works and figure. The first part accompanies the reception of Grotius by international lawyers from the discovery of his De Jure Praedae in 1864 to the establishment of the Grotius Society during WWI. The second part examines the revivals of Grotius among international lawyers in the aftermaths of both world wars and considers a number of Grotius-related historiographical developments during the Cold War period. The third part examines how, in recent decades, on the one hand Grotius has become further institutionalised as a global symbol of international law while on the other hand his reputation has suffered from him being labelled a handmaiden of European colonialism and exploitation. The conclusion reflects on the lasting fame of the ‘miracle of Holland’ among international lawyers and suggests that the history of international law as a research field should take a break from Hugo Grotius.
Connecting sociability with arguments about self-interest and natural law, Grotius adopted an account of moral knowledge and motivation for justice that he found in Cicero.For Grotius, sociability serves as a counter to Epicurean views of moral motivation, but it does not by itself provide the grounds of validity of natural law, nor does it alone ground the obligatory force of natural law.Rather, sociability represents an appeal to a basis in human nature for cooperation in the state of nature.Human beings according to Grotius can be motivated to cooperate and adhere to the rules of natural law, but they are not necessarily so motivated.Importantly, Grotius appreciates that sociability creates its own problems, which Grotius believes can be solved by reason alone.For Grotius, the basis of sociability in human nature is not merely instinctual, but also rational; sociability is ultimately based on a respect for the rights to ‘first things’ such as private property, a respect which itself is motivated by right reason.The notion of sociability was to have an important future in the works of later thinkers such as Hobbes, Pufendorf, Shaftesbury, Mandeville, Hutcheson, Hume, Smith and Kant.
How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.
The response of both developed and developing countries to global developments has been first, to shift the tax burden from (mobile) capital to (less mobile) labour, and second, when further increased taxation of labour becomes politically and economically difficult, to cut government services. Thus, globalization and tax competition lead to a fiscal crisis for countries that wish to continue to provide those government services to their citizens, at the same time that demographic factors and increased income inequality, job insecurity and income volatility that result from globalization render such services more necessary. This chapter argues that if government service programs are to be maintained in the face of globalization, and if developing countries are to raise the funds needed to achieve the SDGs, it is necessary to cut the intermediate link by limiting tax competition. However, from both practical and normative considerations, any limits set to tax competition should be congruent with maintaining the ability of democratic states to determine the desirable size of their government.
The focus of this chapter is the use of international arbitration for BHR disputes. The first part sets out the theoretical framework. It places arbitration within the context of the UN Guiding Principles on Business and Human Rights (“UNGPs”) and the barriers to individuals securing remedies. The merits and limitations of arbitration as an existing mechanism for resolving BHR disputes are discussed. The authors also consider how international arbitration, with appropriate modifications, may be complementary to, and operate in parallel with, both existing state-based judicial mechanisms as well as possible multilateral institutions for resolution of BHR disputes in the future. The second part of the chapter considers the pragmatic angle of arbitration of BHR disputes through: (i) the prism of the experience of the Bangladesh Accord Arbitrations; (ii) the formulation of BHR-specific arbitral procedures in the form of the Hague Rules; and (iii) the potential embrace of BHR arbitration in a range of specific industries, namely fast fashion, mega-sporting events, and commerce at sea.
A decentralization of power in new play development and production reflects the rebellion and unrest that swept American society in the 1960s and 1970s. US dramaturgy began to reflect a diversity of voices from a wider range of racial and cultural backgrounds, genders, and sexual orientations. Productions resulting from the collaborations discussed in this chapter, such as between August Wilson and Llyod Richards, unearth and confront uncomfortable American histories or grapple with an increasingly diverse fabric of family and society. For playwright Suzan-Lori Parks, content dictated stylistically ambitious form, though productions of her plays directed by Liz Diamond have tended toward a traditional division of labor. Meanwhile, writer/director Maria Irene Fornes aligned stagings of her highly visual feminist plays closely with designers. For playwright Paula Vogel and director Rebecca Taichman, inclusive, unconventional collaborative processes fostered work that engages difficult subjects. The nuances of the collaborative relationships and processes that moved new plays from page to stage in post-1960 America are as varied as the diverse backgrounds of the artists themselves.
This chapter explores the role of consumers in pushing for sustainable business. It finds that although consumers increasingly care about sustainability, there are significant limitations to how able and willing they are to prioritise sustainably-sourced products through their purchasing decisions. Faced with limitations on individual consumer ability and agency to incentivise sustainable business through purchasing decisions, we have seen the mobilisation of consumers by civil society groups focused on tarnishing company reputations; these have been effective in some instances, but are unable to lead to meaningful change at scale.
As of 2019, thirty-five of the past thirty-eight Pulitzer Prize-winning plays premiered in US regional theatres, where many artists maintain lifelong careers. Yet more than half of the nation’s regional theatres regularly borrow funds to meet daily operating expenses. This disconnect between creative success and economic viability is part of a false narrative that has led to systemic problems, leaving many regional theatres vulnerable, and also shaped the historical narrative of the regional movement. This chapter employs an economically centered, historiographical approach to disrupt the standard narrative of the rise of regional theatre, which revolves around a rejection of Broadway’s commercialism and a desire for a decentralized, avant-garde theatre. The reality was much more complex, as demonstrated by case studies of Theatre ’47, the Alley Theatre, and Arena Stage. The Guthrie Theatre serves as a model for a new generation of highly professional, nonprofit theatres that emerged as the movement gained momentum. The chapter concludes with an exploration of the social and cultural forces that inform contemporary theatre economics, and the reminder that budgets reflect values.
The goal of this chapter is to elucidate the role and responsibility of the business sector for safeguarding these two rights by clarifying the origins, legal nature, scope and enforcement of obligations placed upon corporate actors. Specifically, the chapter examines whether and how the status of a duty-bearer affects the ambit of the two rights and obligations they give rise to. In other words, what are the differences between the role of businesses and that of states in securing the rights to work and just and favourable conditions of work? While the traditional (positivist) paradigm of human rights protection sees states as ultimately responsible for ensuring that rights are respected by everyone within their respective jurisdictions, certain aspects of the two rights may be fulfilled only by states. In that sense, the scope of duties arising out of the rights to work and just and favourable conditions of work which businesses can in theory be responsible for is materially different.
Rosenthal provides a critical history and analysis of the connections between mainstream and experimental theatre in New York, from the 1960s to 2020, with a focus on Broadway. She argues that Broadway and mainstream theatre underwent multiple and significant transformations during the 1960s and in the decades that followed. Rosenthal analyzes the work of playwrights, directors, composers, choreographers, and designers who made art both downtown in experimental theatres and uptown on Broadway. The concept of the “mainstream experimental” is used as a descriptor for Broadway throughout the following half century, as commercial theatre continued to push and shape US society and culture at large. Alongside artists, pathbreaking producers off and on Broadway are the focus of this chapter, along with the prominence of ensemble-based musicals and dramatic works and the success of solo performances on Broadway. The contributions and legacies of LGBTQ artists such as Tony Kushner, Larry Kramer, and Lisa Kron, and Black artists including August Wilson, George C. Wolfe, Ntozake Shange, Anna Deavere Smith, and Jeremy O. Harris, are central to Rosenthal’s argument and critique.