{"title":"‘Remedium repraesaliarum’: The Medieval and Early Modern Practice and Theory of Reprisal within the Just War Doctrine","authors":"Philippine Christina Van den Brande","doi":"10.1163/18760759-41020004","DOIUrl":null,"url":null,"abstract":"<p>Centuries before being included in Hugo Grotius’s <em>De iure belli ac pacis</em> and <em>De iure praedae</em>, the subject of reprisal was already being discussed in medieval literature. The aim of this paper is to examine the medieval and early modern practice and theory of reprisal as it developed before and during Grotius’s lifetime. Its first part investigates a number of important foundational elements, such as the issues of definition and terminology, and the common characteristics of a reprisal case. In the second half, the author explores why reprisals were deemed to be a ‘perversus mos’ or ‘bad custom’ and how continued reliance on this practice was nonetheless justified by inserting it into the medieval just war doctrine. The paper does not provide a systematic study of Grotius’s own engagement with medieval reprisal sources. Rather, it should be read in conjunction with another publication in this same volume, ‘Grotius on Reprisal’ by Randall Lesaffer.</p>","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":"14 9","pages":""},"PeriodicalIF":1.4000,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Grotiana","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18760759-41020004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"HUMANITIES, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 0
Abstract
Centuries before being included in Hugo Grotius’s De iure belli ac pacis and De iure praedae, the subject of reprisal was already being discussed in medieval literature. The aim of this paper is to examine the medieval and early modern practice and theory of reprisal as it developed before and during Grotius’s lifetime. Its first part investigates a number of important foundational elements, such as the issues of definition and terminology, and the common characteristics of a reprisal case. In the second half, the author explores why reprisals were deemed to be a ‘perversus mos’ or ‘bad custom’ and how continued reliance on this practice was nonetheless justified by inserting it into the medieval just war doctrine. The paper does not provide a systematic study of Grotius’s own engagement with medieval reprisal sources. Rather, it should be read in conjunction with another publication in this same volume, ‘Grotius on Reprisal’ by Randall Lesaffer.
在被列入雨果·格劳秀斯(Hugo Grotius)的《战争论》(De iure belli ac pacis)和《先见之明》(De iure preedae)几个世纪之前,报复这个主题就已经在中世纪文学中被讨论过了。本文的目的是研究中世纪和早期现代报复的实践和理论,因为它在格劳秀斯的一生之前和期间发展。它的第一部分调查了一些重要的基本要素,如定义和术语问题,以及报复案件的共同特征。在后半部分,作者探讨了为什么报复被认为是一种“反常的行为”或“坏习惯”,以及如何通过将这种做法插入中世纪的正义战争学说而证明继续依赖这种做法是合理的。这篇论文没有对格劳秀斯自己与中世纪报复来源的接触进行系统的研究。相反,它应该与兰德尔·莱斯弗(Randall Lesaffer)的《格劳秀斯论报复》(Grotius on revenge)这一卷中的另一篇文章一起阅读。
期刊介绍:
Grotiana appears under the auspices of the Grotiana Foundation. The journal’s leading objective is the furtherance of the Grotian tradition. It will welcome any relevant contribution to a better understanding of Grotius’ life and works. At the same time close attention will be paid to Grotius’ relevance for present-day thinking about world problems. Grotiana therefore intends to be a forum for exchanges concerning the philosophical, ethical and legal fundamentals of the search for an international order. The journal is to be published annually. At intervals thematic issues will be inserted. The preferred language for papers and reviews is English.