New Brill Publication by PRIVACY Postdoctoral Researcher Paolo Astorri

Title: Grotius’s Contract Theory in the Works of His German Commentators: First Explorations

Abstract
Due to its enormous importance, Grotius’s contract doctrine has been extensively investigated
by legal historians. This paper seeks to enhance scholarly understanding of
this topic by looking at commentaries on De jure belli ac pacis written by German
theologians and jurists in the second half of the seventeenth century. The paper focuses
on comments concerning promises: the criteria for promises that are binding
under natural law; the foundations of the obligation to keep promises; error and
duress; and immoral promises. Grotius’s contract doctrine rested on a mélange of
sources, both theological and juridical, which were not always consistent. Commentators
sought to harmonise them by looking at them from different perspectives: some
comments were mainly based on interpretations of ius commune texts, whereas others
reflected a moral theological approach. The results drew distinctions (directly or indirectly)
between law and moral theology that contributed to the fragmentation of
Grotius’s synthesis.

The article is published by Brill in Grotiana 41 (2020)  and can be found here