ABSTRACT

Hugo Grotius' theory of natural law is the basis of that complex of legal rules for war and peace between nations which, he considered, could be called the theory of international law. Grotius may be considered as the founder of the modern theory of international law and of the modern humanist theory of natural law. Since natural law is equally valid for individuals and states, Grotius reserves the term international law (ius gentium), as distinct from natural law, for law established by treaties between states. The natural community of mankind is the area in which natural law really applies; applying in Grotius' view to all men and all states in their inter-individual and coordinational natural legal relationships. The whole scholastic conception of law and state was determined by the synthesis of "nature" and "grace" which dominated medieval thinking until the rise of nominalism during the 14th century.