In this Book

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

restricted access Download Full Book
  1. Title Page, Copyright
  2. restricted access
    • Download PDF Download
  1. Table of Contents of the Set
  2. pp. vii-viii
  3. restricted access
    • Download PDF Download
  1. Introduction
  2. pp. ix-xxxiv
  3. restricted access
    • Download PDF Download
  1. A Note on the Text
  2. pp. xxxv-xxxviii
  3. restricted access
    • Download PDF Download
  1. Acknowledgments
  2. pp. xxxix-xl
  3. restricted access
    • Download PDF Download
  1. The Rights of War and Peace, Book I
  2. pp. 1-2
  3. restricted access
    • Download PDF Download
  1. Title Page
  2. pp. 3-4
  3. restricted access
    • Download PDF Download
  1. Table of Contents
  2. pp. 5-58
  3. restricted access
    • Download PDF Download
  1. The Life of Hugo Grotius
  2. pp. 59-70
  3. restricted access
    • Download PDF Download
  1. Dedication
  2. pp. 71-74
  3. restricted access
    • Download PDF Download
  1. The Preliminary Discourse
  2. pp. 75-132
  3. restricted access
    • Download PDF Download
  1. Book I
  1. Chapter I. What War is, and what Right is
  2. pp. 133-179
  3. restricted access
    • Download PDF Download
  1. Chapter II. Whether 'tis ever Lawful to make War
  2. pp. 180-239
  3. restricted access
    • Download PDF Download
  1. Chapter III. The Division of War into publick and private; together with an Explication of the Supreme Power
  2. pp. 240-335
  3. restricted access
    • Download PDF Download
  1. Chapter IV. Of a War made by Subjects against their Superiors
  2. pp. 336-383
  3. restricted access
    • Download PDF Download
  1. Chapter V. Who may lawfully make War
  2. pp. 384-388
  3. restricted access
    • Download PDF Download
  1. Book II Title Page, Copyright
  1. Table of Contents of the Set
  2. pp. vii-x
  3. restricted access
    • Download PDF Download
  1. Chapter I. Of the Causes of War; and first of the Defense of Persons and Goods
  2. pp. 389-419
  3. restricted access
    • Download PDF Download
  1. Chapter II. Of Things which belong in common to all Men
  2. pp. 420-453
  3. restricted access
    • Download PDF Download
  1. Chapter III. Of the original Acquisition of Things; where also is treated of the Sea and Rivers
  2. pp. 454-482
  3. restricted access
    • Download PDF Download
  1. 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
  2. pp. 483-507
  3. restricted access
    • Download PDF Download
  1. 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
  2. pp. 579-633
  3. restricted access
    • Download PDF Download
  1. Chapter VIII. Of Such Properties as are commonly called Acquisitions by the Right of Nations
  2. pp. 634-663
  3. restricted access
    • Download PDF Download
  1. Chapter IX. When Jurisdiction and Property Cease
  2. pp. 664-684
  3. restricted access
    • Download PDF Download
  1. Chapter X. Of the Obligation that arises from Property
  2. pp. 685-698
  3. restricted access
    • Download PDF Download
  1. Chapter XI. Of Promises
  2. pp. 699-728
  3. restricted access
    • Download PDF Download
  1. Chapter XII. Of Contracts
  2. pp. 729-767
  3. restricted access
    • Download PDF Download
  1. Chapter XIII. Of an Oath
  2. pp. 768-801
  3. restricted access
    • Download PDF Download
  1. Chapter XIV. Of the Promises, Contracts, and Oaths of those who have the Sovereign Power
  2. pp. 802-816
  3. restricted access
    • Download PDF Download
  1. Chapter XV. Of publick Treaties, as well those that are made by the Sovereign himself, as those that are concluded without his Order
  2. pp. 817-847
  3. restricted access
    • Download PDF Download
  1. Chapter XVI. Of Interpretation, or the Way of explaining the Sense of a Promise or Convention
  2. pp. 848-883
  3. restricted access
    • Download PDF Download
  1. Chapter XVII. Of the Damage done by an Injury, and of the Obligation thence arising
  2. pp. 884-897
  3. restricted access
    • Download PDF Download
  1. Chapter XVIII. Of the Rights of Embassies
  2. pp. 898-924
  3. restricted access
    • Download PDF Download
  1. Chapter XIX. Of the Right of Burial
  2. pp. 925-948
  3. restricted access
    • Download PDF Download
  1. Chapter XX. Of Punishments
  2. pp. 949-1052
  3. restricted access
    • Download PDF Download
  1. Chapter XXI. Of the Communication of Punishments
  2. pp. 1053-1095
  3. restricted access
    • Download PDF Download
  1. Chapter XXII. Of the unjust Causes of War
  2. pp. 1096-1114
  3. restricted access
    • Download PDF Download
  1. Chapter XXIII. Of the dubious Causes of War
  2. pp. 1115-1132
  3. restricted access
    • Download PDF Download
  1. Chapter XXIV. Exhortations not to engage in a War rashly, tho' for just Reasons
  2. pp. 1133-1150
  3. restricted access
    • Download PDF Download
  1. Chapter XXV. Of the Causes for which War is to be undertaken on the Account of others
  2. pp. 1151-1166
  3. restricted access
    • Download PDF Download
  1. Chapter XXVI. Of the Reasons that justify those who under another's Command engage in War
  2. pp. 1167-1184
  3. restricted access
    • Download PDF Download
  1. Book III Title Page, Copyright
  1. Table of Contents of the Set
  2. pp. vii-x
  3. restricted access
    • Download PDF Download
  1. 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
  2. pp. 1185-1230
  3. restricted access
    • Download PDF Download
  1. Chapter II. How Subjects Goods, by the Law of Nations, are obliged for their Prince's Debts: And of Reprisals
  2. pp. 1231-1245
  3. restricted access
    • Download PDF Download
  1. Chapter III. Of a just or solemn War, according to the Right of Nations, and of its Denunciation
  2. pp. 1246-1269
  3. restricted access
    • Download PDF Download
  1. Chapter IV. The Right of killing Enemies, and exercising other Violence on their Persons, in a solemn War
  2. pp. 1270-1302
  3. restricted access
    • Download PDF Download
  1. Chapter V. Of Wasting and Plundering
  2. pp. 1303-1313
  3. restricted access
    • Download PDF Download
  1. Chapter VI. Of the Right to Things taken in War
  2. pp. 1314-1359
  3. restricted access
    • Download PDF Download
  1. Chapter VII. Of the Right over Prisoners
  2. pp. 1360-1373
  3. restricted access
    • Download PDF Download
  1. Chapter VIII. Of the Jurisdiction that Victors gain over those they conquer.
  2. pp. 1374-1380
  3. restricted access
    • Download PDF Download
  1. Chapter IX. Of the Right of Postliminy
  2. pp. 1381-1410
  3. restricted access
    • Download PDF Download
  1. Chapter X. Some Advices concerning what is done in an unjust War
  2. pp. 1411-1419
  3. restricted access
    • Download PDF Download
  1. Chapter XI. The Right of Killing in a just War, qualified
  2. pp. 1420-1456
  3. restricted access
    • Download PDF Download
  1. Chapter XII. The Right of Wasting, and such other Violences, qualified
  2. pp. 1457-1474
  3. restricted access
    • Download PDF Download
  1. Chapter XIII. The Right over Things taken in War, qualified
  2. pp. 1475-1480
  3. restricted access
    • Download PDF Download
  1. Chapter XIV. Moderation in Regard to Prisoners
  2. pp. 1481-1497
  3. restricted access
    • Download PDF Download
  1. Chapter XV. Moderation in obtaining Empire and Sovereignty
  2. pp. 1498-1511
  3. restricted access
    • Download PDF Download
  1. Chapter XVI. Moderation concerning those Things which, by the Law of Nations, have not the Benefit of Postliminy
  2. pp. 1512-1518
  3. restricted access
    • Download PDF Download
  1. Chapter XVII. Of Neuters in War
  2. pp. 1519-1526
  3. restricted access
    • Download PDF Download
  1. Chapter XVIII. Of private Actions in a publick War
  2. pp. 1527-1532
  3. restricted access
    • Download PDF Download
  1. Chapter XIX. Of Faith between Enemies
  2. pp. 1533-1550
  3. restricted access
    • Download PDF Download
  1. Chapter XXI. Of Faith during War, of Truces, of Safe Conduct, and the Ransoming of Prisoners
  2. pp. 1595-1616
  3. restricted access
    • Download PDF Download
  1. Chapter XXII. Of the Faith of Generals and Officers
  2. pp. 1617-1625
  3. restricted access
    • Download PDF Download
  1. Chapter XXIII. Of the Faith or Promises of private Persons during the War
  2. pp. 1626-1637
  3. restricted access
    • Download PDF Download
  1. Chapter XXV. The Conclusion, with Admonitions to preserve Faith and seek Peace
  2. pp. 1638-1644
  3. restricted access
    • Download PDF Download
  1. Passages of Scripture
  2. pp. 1645-1654
  3. restricted access
    • Download PDF Download
  1. Index I
  2. pp. 1655-1666
  3. restricted access
    • Download PDF Download
  1. Index II
  2. pp. 1667-1674
  3. restricted access
    • Download PDF Download
  1. Index III and Last
  2. pp. 1675-1740
  3. restricted access
    • Download PDF Download
  1. Appendix: Prolegomena to the First Edition of De Jure Belli ac Pacis
  2. pp. 1741-1742
  3. restricted access
    • Download PDF Download
  1. A note on the translation
  2. pp. 1743-1744
  3. restricted access
    • Download PDF Download
  1. Prolegomena to the First Edition of De Jure Belli ac Pacis
  2. pp. 1745-1762
  3. restricted access
    • Download PDF Download
  1. Bibliography of Postclassical Works Referred to by Grotius
  2. pp. 1763-1790
  3. restricted access
    • Download PDF Download
  1. Bibliography of Works referred to in Jean Barbeyrac's Notes
  2. pp. 1791-1814
  3. restricted access
    • Download PDF Download
  1. Index
  2. pp. 1815-1988
  3. restricted access
    • Download PDF Download
  1. Production Notes
  2. restricted access
    • Download PDF Download