‘Grotian Moments’ in the Dutch East Indies? The Reception of Hugo Grotius’s Ideas in Cornelis Van Vollenhoven’s Writings on Customary Law and Colonialism

Abstract In this paper it is argued that Grotius views on customary law are compatible with the concept of a ‘Grotian Moment’. However, the idea of accelerated customary international law is developed by Van Vollenhoven, who interpreted Grotius in a questionable way. Whereas Grotius qualifies as a thinker in the tradition of natural law, Van Vollenhoven should be seen as an interactionist. This is especially visible in his publications on adat law, in which he visibly belongs to a romantic, Germanist, and rather pluralist tradition of law. The idea of a Grotian Moment also fits better with this starting point than with natural law. For this reason, the ‘Grotian Moment’ should be renamed ‘Van Vollenhoven’s Moment’. It is argued that this legal theoretical position explains some of Van Vollenhoven’s rather peculiar interpretations of Grotius.