POLC71H3 Lecture Notes - Lecture 3: Hugo Grotius, Potestas
Document Summary
Says there are 2 types of law: Law deriving from reason: universally valid because it derives from reason, natural law, he says to call it a dictate of right reason. Law deriving from will: might call it law as a command, e. g. you should do this because i say so, says that there are many different types of will. Laws deriving from reason are always valid whether or not anybody or state formally enacts it by legislative will. Even if there isn"t a human will that says robbery is wrong there is still a law that derives from reason which says these are just actions. You don"t always need a will: 2. God is a lawmaker by divine will but even god is subject to natural law deriving from reason. Natural law is valid even without god"s will (p. 155: important innovation. Jus can mean a legal or moral right such as a legal right to go to war.
