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

by Edited by Stephen C. Neff

ISBN13: 9780521128124

ISBN10: 0521128129

Format: Paperback

Pub. Date: 2012-09-10

Publisher(s): Cambridge University Press

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Summary

Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.

Introduction
On the Law of War and Peace: prologue

What is war? What is law?
Whether it is ever lawful to wage war
Distinction between public and private war, explanation of sovereignty (Summi imperii)
War of subjects against superiors

The causes of war: first, defence of self and property
Of things which belong to men in common
Of original acquisitions of things, with special reference to the sea and rivers
On assumed abandonment of ownership and occupation consequent thereon, and wherein this differs from ownership by usucaption and by prescription
On the original acquisition of rights over persons. Herein are treated the rights of parents, marriage, associations, and the rights over subjects and slaves
On secondary acquisition of property by the act of man, also, alienation of sovereignty and of the attributes of sovereignty
On derivative acquisition of property which takes place in accordance with law, and herein, intestate succession
On acquisitions commonly said to be by the law of nations
When sovereignty or ownership ceases
On the obligation which arises from ownership
On promises
On contracts
On oaths
On promises, contracts, and oaths of those who hold sovereign power
On treaties and sponsions
On interpretation
On damage caused through injury, and the obligation arising therefrom
On the right of legation
On the right of sepulchre
On punishments
On the sharing of punishments
On unjust causes of wars
On doubtful causes of wars
Warnings not to undertake war rashly, even for just causes
On the causes of undertaking war on behalf of others
On just causes for war waged by those who are under the rule of another

General rules from the law of nature regarding what is permissible in war, with a consideration of ruses and falsehood
How by the law of nations the goods of subjects may be held for the debt of their rulers, and therein, on reprisals
On war that is lawful or public according to the law of nations, and therein, on the declaration of war
On the right of killing enemies in a public war, and on other violence against the person
Of devastation and pillage
On the right of acquiring things taken in war
On the right over prisoners of war
On the right to rule over the conquered
On postliminy
Cautions in regard to things which are done in an unlawful war
Moderation with respect to the right of killing in a lawful war
Moderation in laying waste and similar things
Moderation in regard to captured property
Moderation in regard to prisoners of war
Moderation in the acquisition of sovereignty
Moderation in regard to those things which by the law of nations have not the right of postliminy
On those who are of neither side in war
On acts done by individuals in a public war
On good faith between enemies
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
On good faith during war, herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
On the good faith of subordinate powers in war
On good faith of private persons in war
On implied good faith
Conclusion, with admonitions on behalf of good faith and peace
Table of Contents provided by Publisher. All Rights Reserved.

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

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