Hugo Grotius on the Law of War and Peace: Student Edition

Abstract

Introduction On the Law of War and Peace: prologue Book I: 1. What is war? What is law? 2. Whether it is ever lawful to wage war 3. Distinction between public and private war, explanation of sovereignty (Summi imperii) 4. War of subjects against superiors Book II: 1. The causes of war: first, defence of self and property 2. Of things which belong to men in common 3. Of original acquisitions of things, with special reference to the sea and rivers 4. On assumed abandonment of ownership and occupation consequent thereon, and wherein this differs from ownership by usucaption and by prescription 5. On the original acquisition of rights over persons. Herein are treated the rights of parents, marriage, associations, and the rights over subjects and slaves 6. On secondary acquisition of property by the act of man, also, alienation of sovereignty and of the attributes of sovereignty 7. On derivative acquisition of property which takes place in accordance with law, and herein, intestate succession 8. On acquisitions commonly said to be by the law of nations 9. When sovereignty or ownership ceases 10. On the obligation which arises from ownership 11. On promises 12. On contracts 13. On oaths 14. On promises, contracts, and oaths of those who hold sovereign power 15. On treaties and sponsions 16. On interpretation 17. On damage caused through injury, and the obligation arising therefrom 18. On the right of legation 19. On the right of sepulchre 20. On punishments 21. On the sharing of punishments 22. On unjust causes of wars 23. On doubtful causes of wars 24. Warnings not to undertake war rashly, even for just causes 25. On the causes of undertaking war on behalf of others 26. On just causes for war waged by those who are under the rule of another Book III: 1. General rules from the law of nature regarding what is permissible in war, with a consideration of ruses and falsehood 2. How by the law of nations the goods of subjects may be held for the debt of their rulers, and therein, on reprisals 3. On war that is lawful or public according to the law of nations, and therein, on the declaration of war 4. On the right of killing enemies in a public war, and on other violence against the person 5. Of devastation and pillage 6. On the right of acquiring things taken in war 7. On the right over prisoners of war 8. On the right to rule over the conquered 9. On postliminy 10. Cautions in regard to things which are done in an unlawful war 11. Moderation with respect to the right of killing in a lawful war 12. Moderation in laying waste and similar things 13. Moderation in regard to captured property 14. Moderation in regard to prisoners of war 15. Moderation in the acquisition of sovereignty 16. Moderation in regard to those things which by the law of nations have not the right of postliminy 17. On those who are of neither side in war 18. On acts done by individuals in a public war 19. On good faith between enemies 20. On the good faith of states, by which war is ended, also on the working of peace treaties, on decision by lot, on combat by agreements, on arbitration, surrender, hostages and pledges 21. On good faith during war, herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners 22. On the good faith of subordinate powers in war 23. On good faith of private persons in war 24. On implied good faith 25. Conclusion, with admonitions on behalf of good faith and peace.

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