In this Book

The Rights of War and Peace: In Three Volumes

Book
Hugo Grotius
2012
Published by: Liberty Fund
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