The opening sections of Culver's introduction to this section of his anthology (pp. 453-458) provide a helpful introduction both to the character of internation law and to Grotius himself. As Culver's account of him will indicate, Grotius returns us to questions of the nature of law, and the same will be true of Hart, who we will read next. Although the basic questions are the same for international law and municipal law--i.e., the internal law of individual states--the answers that seem most persuasive in one context may seem far less persuasive in the other.

Grotius begins with a general discussion of law; his discussion of internation law begins with section 17 (p. 470). His position is roughly that of a natural law theorist. If you'd like a constrasting view, you can find a brief statement of Austin's postion near the beginning of the handout selection from The Province of Jurisprudence Determined (if you don't have it handy, here's a link). When we look at Hart's discussion of natural law in the next two classes, you will see how he applies his version of positivism to the case of international law.