The Legal History Library, a series edited by Remco van Rhee (Maastricht), Dirk Heirbaut (Ghent), and M.C. Mirow (FIU), has just published The Historical Foundations of Grotius’ Analysis of Delict by Joe Sampson (Leiden: Brill Nijhoff, 2017).
The book explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
Information on the book may be found at: