‘Iustitiam non includo’: Carl Schmitt, Hugo Grotius and the Ius Publicum Europaeum

Abstract

Through a discussion of Hugo Grotius’ conception of just war, this essay shows that within his critique of liberalism, Schmitt clashed with the very intellectual tradition he claimed to represent. Both historically and philosophically Schmitt's concept of the Ius Publicum Europaeum was a mirage. Indeed, his concept of the political was a rejection of the moral and civil philosophy that sees politics as the world of active citizens and commonwealths arguing with each other about fundamental questions of justice and equity.