The Law of Nations and Natural Law 1625– 1800 Early Modern Natural Law STUDIES & SOURCES Series Editors Frank Grunert (Martin- Luther- Universität Halle- Wittenberg) Knud Haakonssen (University of St Andrews and Universität Erfurt) Diethelm Klippel (Universität Bayreuth) Board of Advisors Maria Rosa Antognazza (King’s College London) John Cairns (University of Edinburgh) Thomas Duve (Max- Planck- Institut für Europäische Rechtsgeschichte, Frankfurt am Main) Ian Hunter (University of Queensland) Martin Mulsow (Universität Erfurt) Barbara Stollberg- Rilinger (Westfälische Wilhelms- Universität Münster and Wissenschaftskolleg zu Berlin) Simone Zurbuchen (Université de Lausanne) VOLUME 1 The titles published in this series are listed at brill.com/ emnl The Law of Nations and Natural Law 1625– 1800 Edited by Simone Zurbuchen LEIDEN | BOSTON This is an open access title distributed under the terms of the CC-BY-NC-ND 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided no alterations are made and the original author(s) and source are credited. The publication of this book has been made possible with the support of the Swiss National Science Foundation. Cover illustration: Portrait of Emer de Vattel. © Bibliothèque publique et universitaire de Neuchâtel, Switzerland. The Library of Congress Cataloging- in- Publication Data is available online at http:// catalog.loc.gov LC record available at http:// lccn.loc.gov/2019023142 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill- typeface. issn 2589- 5982 isbn 978- 90- 04- 38419- 4 (hardback) isbn 978- 90- 04- 38420- 0 (e- book) Copyright 2019 by the Authors. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid- free paper and produced in a sustainable manner. Contents Acknowledgements vii Notes on Contributors viii Introduction 1 Simone Zurbuchen part 1 Teaching the Law of Nations 1 Natural Law for the Nobility? The Law of Nature and Nations at the Erlangen Ritterakademie (1701– 1741) 11 Katharina Beiergroesslein and Iris von Dorn 2 Serving Danish Foreign Policy: Andreas Hojer’s De eo quod iure belli licet in minores (1735) 39 Mads Langballe Jensen 3 The Law of Nations at the Naval Academy in Copenhagen around 1800: the Lectures of Christian Krohg 60 Thor Inge Rørvik 4 The Law of Nations in German historia literaria and Encyclopaedias in the Eighteenth Century 89 Frank Grunert part 2 The Law of Nations from the Peace of Westphalia to the Enlightenment 5 Pufendorf on the Law of Sociality and the Law of Nations 107 Kari Saastamoinen vi Contents 6 The International Political Thought of Johann Jacob Schmauss and Johann Gottlieb Heineccius: Natural Law, Interest, History and the Balance of Power 132 Peter Schröder 7 Men, Monsters and the History of Mankind in Vattel’s Law of Nations 159 Pärtel Piirimäe 8 Guarantee and Intervention: the Assessment of the Peace of Westphalia in International Law and Politics by Authors of Natural Law and of Public Law, c. 1650– 1806 186 Patrick Milton part 3 The Law of Nations and the ‘École romande du droit naturel’ 9 Born to Rule: Burlamaqui and Rousseau on the Education of Princes 229 Lisa Broussois 10 Defining the Law of Nations: the École romande du droit naturel and the Lausanne Edition of Grotius’ De jure belli ac pacis (1751– 1752) 253 Simone Zurbuchen 11 Vattel’s Doctrine of the Customary Law of Nations between Sovereign Interests and the Principles of Natural Law 278 Francesca Iurlaro 12 The Circulation of the École romande du droit naturel in Eighteenth- Century Italy 304 Elisabetta Fiocchi Malaspina Persons Index 327 Places Index 331 Subjects Index 333 Acknowledgements The publication of this volume would not have been possible without the sup- port of various institutions and persons. I wish to thank the Swiss National Foundation for financial support of the project ‘Natural Law in Switzerland and beyond: sociability, natural equality, social inequalities’ conducted at the University of Lausanne. The work on the Swiss-romande school of natu- ral law is an outcome of this research project, which worked up manuscripts and other sources linked to the teaching of natural law at the Academies of Lausanne and Geneva. These are available at http:// lumieres.unil.ch/ projets/ droit- naturel/ (version du 20.08.2018). The workshop ‘The Law of Nations and Natural Law: 1625– 1850’ (University of Lausanne, 5– 6 November 2015), where first drafts of the chapters in this volume were presented and discussed, was also part of this project. I am very grateful to Lisa Broussois, who helped to or- ganize the workshop, and to the directors of the international network ‘Natural Law 1625– 1850’ for their sustained support. I also wish to thank Ralph Footring for professional linguistic revision of the chapters. Notes on Contributors Katharina Beiergroesslein is historian and archivist. She works as a research fellow at the City Archives of Stuttgart. Her main research interests lie in the field of early modern English and German History, the history of migration as well as natural law as a univer- sity subject. She also teaches early modern history at the Ludwig- Maximilians- Universität in Munich. Lisa Broussois holds a PhD in philosophy from the University of Paris 1 Panthéon- Sorbonne and from the Brazilian Federal University of Minas Gerais. She has published in French, English and Portuguese on Scottish moral and political philosophy, modern philosophy, animal and environmental ethics. She was a postdoctor- al researcher at the snf research project ‘Natural law in Switzerland and be- yond: sociability, natural equality, social inequality’ (University of Lausanne). Iris von Dorn is a historian who has participated in research and exhibition projects at, among others, the Universität Bayreuth, the Ludwig- Maximilians- Universität München, the Max-Planck- Institut für europäische Rechtsgeschichte (Frankfurt am Main). Her main research interests in early modern German history in- clude the history of scholarship, the history of administrative law (15th to 19th century), and princely courts as places of political decision making. Elisabetta Fiocchi Malaspina is Assistant Professor of Legal History at the Law Faculty of the University of Zurich. Her main research fields include history of international law, circula- tion and dissemination of natural law and law of nations theories from the 18th to the 19th century, history of water resources law, history of land ownership and land registration (19th and 20th centuries). Frank Grunert is Senior Research Fellow at the Interdisciplinary Centre for European Enlight- enment Studies at the Martin- Luther- University Halle- Wittenberg and an as- sociated fellow of the Max Weber Centre at the University of Erfurt. He has published extensively on the German Enlightenment, especially on its early period. He is one of the editors of the series Werkprofile and of the correspond- ence of Christian Thomasius. Notes on Contributors ix Francesca Iurlaro is a PhD candidate in international legal thought at the European Universi- ty Institute (Florence), working on an analysis of the concept of customary international law from Francisco de Vitoria to Emer de Vattel. Her inter- ests include modern jus naturae et gentium and the relationship between law and literary genres. She has published on Alberico Gentili, including a translation of his commentary on Virgil, Lectionis Virgilianae Variae Liber (1603). Mads Langballe Jensen is a postdoctoral researcher at Royal Holloway, University of London. He has published on Protestant political thought and natural law theory from Philipp Melanchthon to the early enlightenment. He is currently working on the role natural law theory played in the ideological legitimisation and politics of the early absolutist monarchy of Denmark- Norway, from domestic to foreign af- fairs, including the colonization of the Guinea Coast. Patrick Milton is a Research Fellow at Peterhouse and affiliated lecturer at Department of Pol- itics and International Studies, University of Cambridge. He has published nu- merous articles on the political and constitutional history of the Holy Roman Empire, and the history of early modern European international relations and law. He is currently working on a Cambridge- based project entitled ‘A West- phalia for the Middle East’. Pärtel Piirimäe is Professor of Intellectual History at the University of Tartu, Estonia. He has published on early modern international political and legal thought, the history of propaganda, polemics and official historiography, and region- alist concepts and identities. He is also the editor of The Estonian Historical Journal. Thor Inge Rørvik is a Lecturer in History of Ideas at the