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25 Emory Int'l L. Rev. 269 (2011)
Hugo Grotius in the Contemporary Memory of International Law: Secularism, Liberalism, and the Politics of Restatement and Denial

handle is hein.journals/emint25 and id is 271 raw text is: HUGO GROTIUS IN THE CONTEMPORARY MEMORY OF INTERNATIONAL LAW: SECULARISM, LIBERALISM, AND THE POLITICS OF RESTATEMENT AND DENIAL John D. Haskell* INTRODUCTION: GROTIUS AS NARRATIVE Hugo Grotius (1583-1645) frequently occupies the title, 'father' of international law.' While the origins of professional lineage were a source of professional and personal conflict for jurists in the nineteenth century, scholars today tend to treat Grotius as either a symbolic marker of changing historical thought, or the symbolic figure of a style or school of global governance.2 In the first instance, Grotius is important because he made a methodological leap in one form or another from a theological to a secular frame of jurisprudential thinking, and in so doing, characterized the dilemmas of governance in familiar * Fulbright Scholar, 2011-2012, Erik Castr6n Institute of International Law and Human Rights, University of Helsinki; Visiting Assistant Professor of Law, International University College, Turin; Assistant Director, Institute for the Study of Political Economy and Law, International University College, Turin; Visiting Lecturer of Law, University of London, School of Oriental and African Studies, 2011; Visiting Researcher, Institute for Global Law and Policy, Harvard Law School; Co-founder of the Centre for the study of Colonialism, Empire and International Law; Ph.D. Candidate in Law; LL.M., School of Oriental and African Studies, University of London; J.D., Hastings College of the Law, University of California. I am deeply grateful to the generosity, encouragement and thoughts of first and foremost Peter Fitzpatrick, Mark Janis, and David Kennedy, as well as Saki Bailey, Jason Beckett, Jos6 Maria Beneyto, Bill Bowring, Stephen Chan, Matthew Craven, Catriona Drew, Florian Hoffmann, Rob Knox, Boris Mamlyuk, Susan Marks, Ugo Mattei, Scott Newton, Umut Ozsu, Reut Paz, Evita Rackow, Ignacio de la Rasilla del Moral, Akbar Rasulov, Joseph Singer, and Mai Taha. I also wish to express my thanks to the Institute for Global Law and Policy, the Institute for the study of Political Economy and Law, and the Centre for the study of Colonialism, Empire and International Law. All the usual caveats concerning errors and omissions apply. 1 Mark W. Janis, Religion and the Literature of International Law: Some Standard Texts, in RELIGION AND INTERNATIONAL LAW 121, 121 (Mark W. Janis & Carolyn Evans eds., 1999). 2 See GESINA H.J. VAN DER MOLEN, ALBERICO GENTILI AND THE DEVELOPMENT OF INTERNATIONAL LAw 61-62 (2d ed. 1968); see also infra notes 3-4 and accompanying text. In the 1870s, international jurists entered into heated contests over who deserved the right to be claimed the father of international law. Id. For instance, a group of jurists, including Asser, Holland, Mancini, and Twiss, drafted a resolution and formed a committee to erect a national monument in honor of Gentili. Pilgrimages were made to Gentili's hometown, and the Italian government officially requested the United Kingdom for his remains (the grave, however, was unable to be located). VAN DER MOLEN, supra. Other international jurists, such as A.J. Levy, objected, arguing that Grotius should have the honor of having his statue erected first. Id. at 62. An English committee was formed in 1875 to add weight to the argument for honoring Gentili first, with Prince Leopold sitting as the honorary president and Phillimore carrying out the actual presidential duties. Id.

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