Locke, Rousseau, and Diderot all recommended that the works of von Pufendorf be included in law curricula, and Pufendorf greatly influenced Blackstone and Montesquieu, who in turn introduced his thought to the American founding fathers, Alexander Hamilton, James Madison, and Thomas Jefferson. Spelling modernized; internal citations, footnotes and Greek passages deleted. Introduction: Towards A Global History Of International Law, Francisco De Vitoria (1483–1546) and Francisco Suárez (1548–1617), Georg Wilhelm Friedrich Hegel (1770–1831), Friedrich Fromhold Von Martens (Fyodor Fyodorovich Martens) (1845–1909). Pufendorf strongly defended the idea that international law is not restricted to Christendom, but constitutes a common bond between all nations because all nations form part of humanity. In 1677 Pufendorf was called to Stockholm as Historiographer Royal. It was a broad practical language that was used by widely differing philosophical theories. But that those vain customs of men’s devoting themselves out of foolhardiness and ostentation (such as we observed to be in use amongst the Japanese), are contrary to the law of nature, we do not in the least doubt. A lifelong quarrel with Leibniz which began over the pamphlet Severinus de Monzambano somewhat undermined his influence in Germany. During this period he wrote Einleitung zur Historie der vornehmsten Reiche und Staaten, also the Commentarium de rebus suecicis libri XXVI., ab expeditione Gustavi Adolphi regis in Germaniam ad abdicationem usque Christinae and De rebus a Carolo Gustavo gestis. In believing that self-interest is the source of action in society, he viewed slavery as unnatural and unreasonable. While he was working as a tutor for the Swedish ambassador in Copenhagen, Denmark, war broke out between the two countries; Pufendorf was subsequently arrested and spent eight months in prison. Please subscribe or login to access full text content. 4, sections 16-19: “The Duties of Man with Regard to Himself,” pp. The anger of the Danes was turned against the envoys of the Swedish sovereign; Coyet succeeded in escaping, but the second minister, Sten Bielke, and the rest of the staff, including Pufendorf, were arrested and thrown into prison. We conceive it then to be lawful, that a man may either give himself as a surety for another, especially for an innocent and worthy person, or as a hostage for the safety of many, in the case of treaties; upon pain of suffering death, if either the accused person does not appear, or the treaty be not observed. Though Aelian gives this better reason for the practice; “that having arrived at such an age they were conscious to themselves, that they were no longer able to promote their country’s interest by their service; growing now towards stupidity and dotage.” Procopius relates a custom of the Heruli, by which those who were weakened and disabled, either by disease or age, voluntarily sent themselves out of the world: the wives hanging themselves at the tombs of their husbands, if they lost them in this manner…, Filed under Europe, Pufendorf, Samuel von, Selections, Sin, The Early Modern Period, For Help Concerning Suicide: Resources for Suicide Prevention, Central and South American Indigenous Cultures, Intellectual, Religious, or Cultural Tradition, Central and South American Native Cultures, Mental Illness: depression, despair, insanity, delusion. Under the influence of Weigel, he started to read Hugo Grotius, Thomas Hobbes and René Descartes. Samuel von Pufendorf [Puffendorf], Of the Law of Nature and Nations, tr. For ‘tis weakness to fly and to avoid those things which are hard and painful to be undergone. Of the former sort are those who seeing themselves condemned to death, either by cruel enemies abroad, or bloody tyrants at home, have willfully prevented the stroke; either to avoid the tortures and the shame of a public execution, or to procure some benefit to their friends or families by this expedient. For he who at such a time, or on such occasion, ought not to die, is by no means excused, if he makes use of another man’s hands to procure his death; since what a man doth by another, he is supposed in law to have done himself, and must therefore bear the guilt or imputation of the fact. And here we may take it first of all to be true beyond dispute, that since men both can and ought to apply their pains to the help and service of another; and since some certain kinds of labour, and an overstraining earnestness in any, may so affect the strength and vigour of a man, as to make old age and death come on much sooner, than if he had passed his days in softness, and in easy pursuits; any one may, without fault, voluntarily contract his life in some degree, upon account of obliging mankind more signally, by some extraordinary services and benefits. At this time, Charles Gustavus was endeavoring to impose an unwanted alliance on Denmark, and in the middle of the negotiations he opened hostilities. But it will admit of a debate whether the bare natural instinct which he enjoys in common with beasts, inclines him to these desires; or whether he is not engaged in them by some superior command of the law of nature. It was here that Pufendorf published his major work, Of the Law of Nature and Nations (1672). In 1672 he published the De jure naturae et gentium libri octo (On the Law of Nature and of Nations), and in 1675 a résumé of it under the title of De officio hominis et civis ("On the Duty of Man and Citizen") describing his analysis of just war theory. Educated at the ducal school (Fürstenschule) at Grimma, he was sent to study theology at the University of Leipzig. Such a law Diodorus Siculus reports to have been in force amongst the inhabitants of the island Ceylon, ordaining, “That the people should live only to such a number of years, which being run out, they eat a certain herb that put them into their long sleep, and dispatched them without the least sense of pain.” And thus too amongst the C[r]eans, all persons above sixty years old, were obliged by the laws to poison themselves, to supply food for the rest. For this reason we don’t admire the reflection which Florus makes on the deaths of Brutus and Cassius; Who, says he, doth not wonder, that these wise and great persons did not employ their own hands in their concluding strokes? This collegial theory makes a fundamental distinction between the supreme jurisdiction in ecclesiastical matters (Kirchenhoheit or jus circa sacra), which it conceives as inherent in the power of the state in respect of every religious communion, and the ecclesiastical power (Kirchengewalt or jus in sacra) inherent in the church, but in some cases vested in the state by tacit or expressed consent of the ecclesiastical body.