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- Title
John Selden's Response to Hugo Grotius: The Argument for Closed Seas.
- Authors
Thornton, Helen
- Abstract
This essay provides a brief introduction to the ideas of the English lawyer John Selden on the dominion of the seas, as set out in his Mare Clausum. It begins by outlining the background to the book, i.e., the disputes between the English and the Dutch over trade in the Indies and fishing rights. It also notes that Selden's work was first written at the request of James I and then revised and finally published at the request of Charles I, in both cases to justify the English position on maritime jurisdiction in their disputes with the Dutch. But it was also in part a response to the ideas of Hugo Grotius on the freedom of the seas. The essay then goes on to examine the philosophical arguments put forward by Selden to deny Grotius' claims, specifically that the sea, as well as the land, could and indeed had, become private property. Selden's argument demonstrated the necessity for closed seas, as well as some restrictions on navigation, trade and fishing. The essay concludes with a brief discussion of the changing opinions of both Selden and Grotius, and notes Selden's debt to Grotius.
- Subjects
MARITIME law; SELDEN, John, 1584-1654; GROTIUS, Hugo, 1583-1645; FREEDOM of the seas; SEA power (Military science)
- Publication
International Journal of Maritime History, 2006, Vol 18, Issue 2, p105
- ISSN
0843-8714
- Publication type
Article
- DOI
10.1177/084387140601800206