Jean Barbeyrac (; 15 March 1674 – 3 March 1744) was a French
jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
.
Life
Born at
Béziers
Béziers (; oc, Besièrs) is a Subprefectures in France, subprefecture of the Hérault Departments of France, department in the Occitania (administrative region), Occitanie Regions of France, region of Southern France. Every August Béziers hos ...
in
Lower Languedoc, he was the nephew of Charles Barbeyrac, a distinguished
physician
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
of
Montpellier
Montpellier (, , ; oc, Montpelhièr ) is a city in southern France near the Mediterranean Sea. One of the largest urban centres in the region of Occitania (administrative region), Occitania, Montpellier is the prefecture of the Departments of ...
. He moved with his family into
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
after the
Revocation of the Edict of Nantes
The Edict of Fontainebleau (22 October 1685) was an edict issued by French King Louis XIV and is also known as the Revocation of the Edict of Nantes. The Edict of Nantes (1598) had granted Huguenots the right to practice their religion without s ...
. After spending some time at
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 ...
and
Frankfurt am Main
Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...
, he became professor of ''belles-lettres'' in the French school of Berlin. Then, in 1711, he was called to the professorship of
history
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the History of writing#Inventions of writing, invention of writing systems is considered prehistory. "History" is an umbr ...
and
civil law at
Lausanne
, neighboring_municipalities= Bottens, Bretigny-sur-Morrens, Chavannes-près-Renens, Cheseaux-sur-Lausanne, Crissier, Cugy, Écublens, Épalinges, Évian-les-Bains (FR-74), Froideville, Jouxtens-Mézery, Le Mont-sur-Lausanne, Lugrin (FR-74), ...
, finally settling as professor of public law at
Groningen
Groningen (; gos, Grunn or ) is the capital city and main municipality of Groningen province in the Netherlands. The ''capital of the north'', Groningen is the largest place as well as the economic and cultural centre of the northern part of t ...
.
Works
His fame rests chiefly on the preface and notes to his translation of
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 ...
's treatise ''De Jure Naturae et Gentium'', translated as ''Of the Law of Nature and Nations'', 4th ed., 1729, London, by B. Kennett et al. Barbeyrac's preface appears in this fourth edition with the title: 'Containing an Historical and Critical Account of the Science of Morality, and the Progress It has Made in the World, From the Earliest Times Down to the Publication of This Work'. In the fundamental principles, he follows almost entirely
John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
and Pufendorf; but he works out with great skill the theory of moral obligation, referring it to the command or will of God. He indicates the distinction, developed more fully by
Thomasius and
Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemolo ...
, between the legal and the moral qualities of action. The principles of international law he reduces to those of the law of nature, and in so doing opposes many of the positions taken up by Grotius. He rejects the notion that sovereignty in any way resembles property, and makes even marriage a matter of civil contract. Barbeyrac also translated
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 ...
's ''
De Jure Belli et Pacis'',
Cumberland
Cumberland ( ) is a historic county in the far North West England. It covers part of the Lake District as well as the north Pennines and Solway Firth coast. Cumberland had an administrative function from the 12th century until 1974. From 19 ...
's ''De Legibus Naturae'', and Pufendorf's smaller treatise ''De Officio Hominis et Civis''.
Among his own productions are a treatise, ''De la morale des pères'', a history of ancient treaties, ''Histoire des anciens traitez'', contained in the ''Supplement au Corps universel diplomatique du droit des gens'', and the curious ''Traité du jeu'' (1709), in which he defends the morality of games of chance.
Barbeyrac, Jean – Recueil de discours sur diverses matieres importantes, 1731 – BEIC 14205754.jpg, ''Recueil de discours sur diverses matieres importantes'', 1731
References
*
*
* Fiammetta Palladini, ''Die Berliner Hugenotten und der Fall Barbeyrac. Orthodoxe und "Sozinianer" im Refuge (1685-1720)'' (Leiden, Brill, 2011) (Brill's Studies in Intellectual History, 204).
*
Further reading
*
External links
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1674 births
1744 deaths
People from Béziers
French legal scholars
French Protestants
{{France-law-bio-stub