In this Book
The Rights of War and Peace: In Three Volumes
Book
2012
Published by:
Liberty Fund
Series:
Natural Law Paper
summary
Since the nineteenth century, Hugo Grotius’s Rights of War and Peace has been the classic work in modern international law, laying the foundation for a universal code of law. However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great
humanistic polymath—lawyer and legal theorist, diplomat and political philosopher,
ecumenical activist and theologian—his work was seminal for modern natural law and
influenced the moral, political, legal, and theological thought of the Enlightenment, from
Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding
leaders.Richard Tuck is a Fellow of Jesus
College, Cambridge, and Professor of
Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.
Table of Contents
Title Page, Copyright
Table of Contents of the Set
pp. vii-viii
Introduction
pp. ix-xxxiv
A Note on the Text
pp. xxxv-xxxviii
Acknowledgments
pp. xxxix-xl
The Rights of War and Peace, Book I
pp. 1-2
Title Page
pp. 3-4
Table of Contents
pp. 5-58
The Life of Hugo Grotius
pp. 59-70
Dedication
pp. 71-74
The Preliminary Discourse
pp. 75-132
Book I
Chapter I. What War is, and what Right is
pp. 133-179
Chapter II. Whether 'tis ever Lawful to make War
pp. 180-239
Chapter III. The Division of War into publick and private; together with an Explication of the Supreme Power
pp. 240-335
Chapter IV. Of a War made by Subjects against their Superiors
pp. 336-383
Chapter V. Who may lawfully make War
pp. 384-388
Book II Title Page, Copyright
Table of Contents of the Set
pp. vii-x
Chapter I. Of the Causes of War; and first of the Defense of Persons and Goods
pp. 389-419
Chapter II. Of Things which belong in common to all Men
pp. 420-453
Chapter III. Of the original Acquisition of Things; where also is treated of the Sea and Rivers
pp. 454-482
Chapter IV. Of a Thing presumed to be quitted, and of the Right of Possession that follows; and how such a Possession differs from Usucaption and Prescription
pp. 483-507
Chapter V. Of the Original Acquisition of a Right over Persons; where also it treated of the Right of Parents: Of Marriages: Of Societies: Of the Right over Subjects: Over Slaves
pp. 508-565
Chapter VI. Of an Acquisition (Possession of Purchase) derived from a Man's own Deed; where also of the Alienation of a Government, and of the Things and Revenues that belong to that Government
pp. 566-578
Chapter VII. Of an Acquisition derived to one by Vertue of some Law; where also of succeeding to the Effects and Estate of a Man who dies without a Will
pp. 579-633
Chapter VIII. Of Such Properties as are commonly called Acquisitions by the Right of Nations
pp. 634-663
Chapter IX. When Jurisdiction and Property Cease
pp. 664-684
Chapter X. Of the Obligation that arises from Property
pp. 685-698
Chapter XI. Of Promises
pp. 699-728
Chapter XII. Of Contracts
pp. 729-767
Chapter XIII. Of an Oath
pp. 768-801
Chapter XIV. Of the Promises, Contracts, and Oaths of those who have the Sovereign Power
pp. 802-816
Chapter XV. Of publick Treaties, as well those that are made by the Sovereign himself, as those that are concluded without his Order
pp. 817-847
Chapter XVI. Of Interpretation, or the Way of explaining the Sense of a Promise or Convention
pp. 848-883
Chapter XVII. Of the Damage done by an Injury, and of the Obligation thence arising
pp. 884-897
Chapter XVIII. Of the Rights of Embassies
pp. 898-924
Chapter XIX. Of the Right of Burial
pp. 925-948
Chapter XX. Of Punishments
pp. 949-1052
Chapter XXI. Of the Communication of Punishments
pp. 1053-1095
Chapter XXII. Of the unjust Causes of War
pp. 1096-1114
Chapter XXIII. Of the dubious Causes of War
pp. 1115-1132
Chapter XXIV. Exhortations not to engage in a War rashly, tho' for just Reasons
pp. 1133-1150
Chapter XXV. Of the Causes for which War is to be undertaken on the Account of others
pp. 1151-1166
Chapter XXVI. Of the Reasons that justify those who under another's Command engage in War
pp. 1167-1184
Book III Title Page, Copyright
Table of Contents of the Set
pp. vii-x
Chapter I. Certain General Rules, shewing what, by the Law of Nature, is allowable in War; where also the Author treats of Deceit and Lying
pp. 1185-1230
Chapter II. How Subjects Goods, by the Law of Nations, are obliged for their Prince's Debts: And of Reprisals
pp. 1231-1245
Chapter III. Of a just or solemn War, according to the Right of Nations, and of its Denunciation
pp. 1246-1269
Chapter IV. The Right of killing Enemies, and exercising other Violence on their Persons, in a solemn War
pp. 1270-1302
Chapter V. Of Wasting and Plundering
pp. 1303-1313
Chapter VI. Of the Right to Things taken in War
pp. 1314-1359
Chapter VII. Of the Right over Prisoners
pp. 1360-1373
Chapter VIII. Of the Jurisdiction that Victors gain over those they conquer.
pp. 1374-1380
Chapter IX. Of the Right of Postliminy
pp. 1381-1410
Chapter X. Some Advices concerning what is done in an unjust War
pp. 1411-1419
Chapter XI. The Right of Killing in a just War, qualified
pp. 1420-1456
Chapter XII. The Right of Wasting, and such other Violences, qualified
pp. 1457-1474
Chapter XIII. The Right over Things taken in War, qualified
pp. 1475-1480
Chapter XIV. Moderation in Regard to Prisoners
pp. 1481-1497
Chapter XV. Moderation in obtaining Empire and Sovereignty
pp. 1498-1511
Chapter XVI. Moderation concerning those Things which, by the Law of Nations, have not the Benefit of Postliminy
pp. 1512-1518
Chapter XVII. Of Neuters in War
pp. 1519-1526
Chapter XVIII. Of private Actions in a publick War
pp. 1527-1532
Chapter XIX. Of Faith between Enemies
pp. 1533-1550
Chapter XX. Of the publick Faith by which War is concluded; where also of Treaties of Peace, of Lots, of Set Combats, of Arbitration, of Surrenders, of Hostages, and of Pawns.
pp. 1551-1594
Chapter XXI. Of Faith during War, of Truces, of Safe Conduct, and the Ransoming of Prisoners
pp. 1595-1616
Chapter XXII. Of the Faith of Generals and Officers
pp. 1617-1625
Chapter XXIII. Of the Faith or Promises of private Persons during the War
pp. 1626-1637
Chapter XXV. The Conclusion, with Admonitions to preserve Faith and seek Peace
pp. 1638-1644
Passages of Scripture
pp. 1645-1654
Index I
pp. 1655-1666
Index II
pp. 1667-1674
Index III and Last
pp. 1675-1740
Appendix: Prolegomena to the First Edition of De Jure Belli ac Pacis
pp. 1741-1742
A note on the translation
pp. 1743-1744
Prolegomena to the First Edition of De Jure Belli ac Pacis
pp. 1745-1762
Bibliography of Postclassical Works Referred to by Grotius
pp. 1763-1790
Bibliography of Works referred to in Jean Barbeyrac's Notes
pp. 1791-1814
Index
pp. 1815-1988
Production Notes
| ISBN | 9781614878001 |
|---|---|
| Related ISBN(s) | 9780865974364 |
| MARC Record | Download |
| OCLC | 820846077 |
| Pages | 2024 |
| Launched on MUSE | 2013-01-01 |
| Language | English |
| Open Access | No |


