Hugo Grotius on the Loose Obligation of Natural Law

Abstract This paper focuses on the development of a concept that profoundly shapes the legal and moral philosophy in the early modern period: Hugo Grotius’ notion of loose obligation, which registers an ought-claim of natural law with a distinct binding force. Loose obligation differs from obligation of natural law strictly speaking insofar as it is non-actionable; but loose obligation also differs from supererogatory counsel insofar as it is non-optional. The notion of loose obligation becomes one pillar of the modern natural law school owing to Pufendorf’s popularization; but since Pufendorf’s reconstruction, its territory is so expanded that it encroaches upon the realm counsel used to occupy. Reexamining Grotius’ conceptual architectonics and its reception helps us see how the ‘jural’ outlook of modern moral philosophy takes shape.