Grotius and Empire

This article reviews Andrew Fitzmaurice’s recent book Sovereignty, Property and Empire 1500–1800 with a critical examination of the author’s analysis of Hugo Grotius. Unlike other works of intellectual history that focus on the relationship between empire and political theory, this book offers a refreshing account of how Western political thought also provided a critique of empire. Using the law of occupation to explain the origin of property and political society, Fitzmaurice demonstrates how ‘occupation’ was used to both justify and criticise extra-European imperial expansion. His analysis of Grotius is centred on ‘occupation’, explaining that even though Grotius’s political thought supports an imperialistic thesis, there is also evidence of anti-imperialist sentiments running through his works. I argue, however, that whilst Fitzmaurice provide a sound and interesting account of the role occupation plays in explaining Grotius’s two different accounts of property in De Indis and De...