![Emer de Vattel 1714-1767](https://upload.wikimedia.org/wikipedia/commons/4/42/Emer_de_Vattel_1714-1767.jpg)
Emer (Emmerich) de Vattel ( 25 April 171428 December 1767) was an
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
yer. He was born in Couvet in the
Principality of Neuchâtel
A principality (or sometimes princedom) can either be a monarchical feudatory or a sovereign state, ruled or reigned over by a regnant-monarch with the title of prince and/or princess, or by a monarch with another title considered to fall under ...
(now a canton part of Switzerland but part of Prussia at the time) in 1714 and died in 1767. He was largely influenced by Dutch jurist
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
.
Vattel's work profoundly influenced the development of international law.
He is most famous for his 1758 work ''
The Law of Nations
''The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns''french: Le Droit des gens : Principes de la loi naturelle, appliqués à la conduite et aux affaires des Nations et des Souvera ...
''. This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of
Frederick Augustus II of Saxony
, image = Friedrich August II of Saxony.jpg
, caption = Portrait by Carl Christian Vogel von Vogelstein
, image_size = 220px
, reign = 6 June 1836 – 9 August 1854
, coronation =
, predecessor = Anthony
, ...
. Vattel combined
naturalist legal reasoning and
positivist legal reasoning.
Early life and career
The son of a Protestant minister, Vattel was born at Couvet, Neuchâtel, on the 25th of April 1714.
He studied classics and philosophy at
Basel
, french: link=no, Bâlois(e), it, Basilese
, neighboring_municipalities= Allschwil (BL), Hégenheim (FR-68), Binningen (BL), Birsfelden (BL), Bottmingen (BL), Huningue (FR-68), Münchenstein (BL), Muttenz (BL), Reinach (BL), Riehen (BS ...
and
Geneva
Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the List of cities in Switzerland, second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaki ...
.
During his early years his favorite pursuit was
philosophy
Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
and, having carefully studied the works of
Leibniz
Gottfried Wilhelm (von) Leibniz . ( – 14 November 1716) was a German polymath active as a mathematician, philosopher, scientist and diplomat. He is one of the most prominent figures in both the history of philosophy and the history of mathema ...
and
Christian Wolff, he published in 1741 a defence of Leibniz's system against
Jean-Pierre de Crousaz
Jean-Pierre de Crousaz (13 April 166322 March 1750) was a Swiss theologian and philosopher. He is now remembered more for his letters of commentary than his formal works.
Life
De Crousaz was born in Lausanne, Switzerland. He was a many-sided man ...
. In the same year Vattel, who was born a subject of the king of
Prussia
Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
, repaired to
Berlin
Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
in the hope of obtaining some public employment from
Frederick II, but was disappointed in his expectation. Two years later he proceeded to
Dresden
Dresden (, ; Upper Saxon: ''Dräsdn''; wen, label=Upper Sorbian, Drježdźany) is the capital city of the German state of Saxony and its second most populous city, after Leipzig. It is the 12th most populous city of Germany, the fourth larg ...
, where he experienced a very favourable reception from
Count Brühl, the minister of Saxony. In 1746 he obtained from the elector,
Augustus III
Augustus III ( pl, August III Sas, lt, Augustas III; 17 October 1696 5 October 1763) was King of Poland and Grand Duke of Lithuania from 1733 until 1763, as well as Elector of Saxony in the Holy Roman Empire where he was known as Frederick Augu ...
, the title of councillor of embassy, accompanied with a pension, and was sent to
Bern
german: Berner(in)french: Bernois(e) it, bernese
, neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen
, website ...
in the capacity of the elector's minister. His diplomatic functions did not occupy his whole time, and much of his leisure was devoted to
literature
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include ...
and
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
.
''The Law of Nations''
Vattel's seminal work was largely influenced by a book titled ''Jus Gentium Methodo Scientifica Pertractum'' (The Law of Nations According to the Scientific Method) by Wolff. Vattel's work began, in fact, by translating Wolff's text from Latin, and adding his own thoughts. Vattel's work was also heavily influenced by Leibniz and
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
. Focused largely on the rights and obligations of citizens and states, Vattel's work also had ramifications for
Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is m ...
as it outlined international diplomacy as we now know it.
Vattel elucidated the "Golden Rule of Sovereigns":
One cannot complain when he is treated as he treats others.
English editions
Vattel's ''Law of Nations'' was translated into English in 1760, based on the French original of 1758. A Dublin translation of 1787 does not include notes from the original nor posthumous notes added to the 1773 French edition. Several other English editions were based on the edition of 1760. However, an English edition from 1793 includes Vattel's later thoughts, as did the London 1797 edition. The 1797 edition has a detailed table of contents and margin titles for subsections.
Benjamin Franklin
Charles W.F. Dumas sent
Benjamin Franklin
Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading inte ...
three original French copies of de Vattel's ''Le droit des gens'' (''The Law of Nations''). Franklin presented one copy to the
Library Company of Philadelphia
The Library Company of Philadelphia (LCP) is a non-profit organization based in Philadelphia. Founded in 1731 by Benjamin Franklin as a library, the Library Company of Philadelphia has accumulated one of the most significant collections of hist ...
. On December 9, 1775, Franklin thanked Dumas:
It came to us in good season, when the circumstances of a rising State make it necessary to frequently consult the Law of Nations.
Franklin also said that this book by Vattel, "has been continually in the hands of the members of our Congress now sitting".
George Washington
Two notable copies of ''The Law of Nations'' owned by the
New York Society Library
The New York Society Library (NYSL) is the oldest cultural institution in New York City. It was founded in 1754 by the New York Society as a subscription library. During the time when New York was the capital of the United States, it was the de ...
have been associated with
US President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
George Washington
George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
. One copy had been borrowed by Washington on 8 October 1789, along with a copy of Vol. 12 of the ''Commons Debates'', containing transcripts from
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...
's
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. When the staff of the Washington museum at
Mount Vernon
Mount Vernon is an American landmark and former plantation of Founding Father, commander of the Continental Army in the Revolutionary War, and the first president of the United States George Washington and his wife, Martha. The estate is on ...
heard about the overdue books, they were unable to locate them, but purchased a second copy of the de Vattel work for
US$
The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
12,000. This identical copy was ceremoniously "returned" 221 years late on 20 May 2010. The library waived the unpaid late-fees.
Other works
Vattel also published works other than his ''magnum opus''. He worked so intensely that his health broke down, and a return to Dresden in 1766 did not improve him. His last work, ''Questions de droit naturel, ou Observations sur le traité du droit de la nature, par Wolff'' ("Questions of natural rights...") was published in 1762 and concerned Wolff's
natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
philosophy. He died in 1767 during a visit to Neuchâtel.
Influence
Vattel was a highly influential international lawyer.
Vattel was one of a number of 18th century European scholars who wrote on
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
and were "well known in America" at the time, including
Jean-Jacques Burlamaqui
Jean-Jacques Burlamaqui (; 24 June or 13 July 1694 – 3 April 1748) was a Genevan legal and political theorist who popularised a number of ideas propounded by other thinkers.
Life
Born in Geneva, Republic of Geneva, into a Calvinist family (des ...
,
Cornelius van Bynkershoek
Cornelis van Bijnkershoek (a.k.a. ''Cornelius van Bynkershoek'') (29 May 1673, in Middelburg – 16 April 1743, in The Hague) was a Dutch jurist and legal theorist who was educated at the University of Franeker. After two years study, he began to ...
,
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
,
Samuel von Pufendorf
Samuel Freiherr von Pufendorf (8 January 1632 – 26 October 1694) was a German jurist, political philosopher, economist and historian. He was born Samuel Pufendorf and ennobled in 1694; he was made a baron by Charles XI of Sweden a few months b ...
,
Thomas Rutherforth
Thomas Rutherforth (also Rutherford) (1712–1771) was an English churchman and academic, Regius Professor of Divinity at Cambridge from 1745, and Archdeacon of Essex from 1752.
Life
He was the son of Thomas Rutherforth, rector of Papworth Evera ...
,
Niccolò Machiavelli
Niccolò di Bernardo dei Machiavelli ( , , ; 3 May 1469 – 21 June 1527), occasionally rendered in English as Nicholas Machiavel ( , ; see below), was an Italian diplomat, author, philosopher and historian who lived during the Renaissance. ...
, and
Christian Wolff. ''The Law of Nations'' has been described as "unrivaled among such treatises in its influence on the American founders".
Vattel is also cited extensively in
Lysander Spooner
Lysander Spooner (January 19, 1808May 14, 1887) was an American individualist anarchist, abolitionist, entrepreneur, essayist, legal theorist, pamphletist, political philosopher, Unitarian and writer.
Spooner was a strong advocate of the labo ...
's ''The Unconstitutionality Of Slavery'' and appears to be a key Enlightenment thinker in Spooner's thought.
US Department of Defense 2015 Law of War Manual
In 2015 the United States Department of Defense published its Law of War Manual. Vattel is cited after
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
and before
Francis Lieber
Francis Lieber (March 18, 1798 or 1800 – October 2, 1872), known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an ''Encyclopaedia Americana''. He was the author of the Lieber Code during ...
and
Hersch Lauterpacht
Sir Hersch Lauterpacht (16 August 1897 – 8 May 1960) was a British international lawyer, human rights activist, and judge at the International Court of Justice.
Biography
Hersh Lauterpacht was born on 16 August 1897 to a Jewish family in t ...
as a subsidiary means and an authority in determining the rules of
law of war
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
.
See also
*
Samuel Pufendorf
Samuel Freiherr von Pufendorf (8 January 1632 – 26 October 1694) was a German jurist, political philosopher, economist and historian. He was born Samuel Pufendorf and ennobled in 1694; he was made a baron by Charles XI of Sweden a few months b ...
References
Sources
Primary
''Le loisir philosophique ou pieces diverses de philosophie, de morale et d'amusement'' par Mr. de Vattel, Dresde : 1747 chez George Conrad Walthervia Google Books
''Le droit des gens ou Principes de la loi naturelle appliqués à la conduite et aux affaires des nations et des souverains''. Tome 1 / par M. de Vattel, Londres : 1758vi
Gallica''Le droit des gens ou Principes de la loi naturelle appliqués à la conduite et aux affaires des nations et des souverains''. Tome 2 / par M. de Vattel, Londres : 1758vi
Gallica''The Law of Nations''(full text)
''Le droit des gens'' Emer de Vattel, Translation of 1758 edition, Ed. Charles Ghequiere Fenwick
1883 Ed. Joseph Chitty, & Edward D. Ingraham
Secondary
* Chetail, Vincent: "Vattel and the American Dream: An Inquiry into the Reception of The Law of Nations in the United States", in: Pierre-Marie Dupuy and Vincent Chetail (editors): ″The Roots of International Law / Les fondements du droit international: liber amicorum Peter Haggenmacher″, Leiden 2014, pp. 251–300
*
*
*
* Ossipow, William and Gerber, Dominik: "The Reception of Vattel's Law of Nations in the American Colonies: From James Otis and John Adams to the Declaration of Independence", in: "
American Journal of Legal History
The ''American Journal of Legal History'' is a peer reviewed, peer edited legal periodical. It has appeared quarterly since 1957. It was the first English-language periodical devoted solely to legal history. Since 2016 it has been published by ...
", 2017, pp. 1–35
*
*
Peter Haggenmacher,"Vattel, Emer de" in ''Dictionnaire historique de la Suisse'', 02/07/2013.
External links
*
*
VATTEL, EMER DE a
Online Library of Liberty
{{DEFAULTSORT:Vattel, Emer De
1714 births
1767 deaths
People from Neuchâtel
International law scholars
Philosophers of law
18th-century jurists
18th-century writers
18th-century lawyers