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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

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  1. Title Page, Copyright
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  1. Table of Contents of the Set
  2. pp. vii-viii
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  1. Introduction
  2. pp. ix-xxxiv
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  1. A Note on the Text
  2. pp. xxxv-xxxviii
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  1. Acknowledgments
  2. pp. xxxix-xl
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  1. The Rights of War and Peace, Book I
  2. pp. 1-2
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  1. Title Page
  2. pp. 3-4
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  1. Table of Contents
  2. pp. 5-58
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  1. The Life of Hugo Grotius
  2. pp. 59-70
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  1. Dedication
  2. pp. 71-74
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  1. The Preliminary Discourse
  2. pp. 75-132
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  1. Book I
  1. Chapter I. What War is, and what Right is
  2. pp. 133-179
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  1. Chapter II. Whether 'tis ever Lawful to make War
  2. pp. 180-239
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  1. Chapter III. The Division of War into publick and private; together with an Explication of the Supreme Power
  2. pp. 240-335
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  1. Chapter IV. Of a War made by Subjects against their Superiors
  2. pp. 336-383
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  1. Chapter V. Who may lawfully make War
  2. pp. 384-388
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  1. Book II Title Page, Copyright
  1. Table of Contents of the Set
  2. pp. vii-x
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  1. Chapter I. Of the Causes of War; and first of the Defense of Persons and Goods
  2. pp. 389-419
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  1. Chapter II. Of Things which belong in common to all Men
  2. pp. 420-453
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  1. Chapter III. Of the original Acquisition of Things; where also is treated of the Sea and Rivers
  2. pp. 454-482
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  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
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  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
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  1. Chapter VIII. Of Such Properties as are commonly called Acquisitions by the Right of Nations
  2. pp. 634-663
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  1. Chapter IX. When Jurisdiction and Property Cease
  2. pp. 664-684
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  1. Chapter X. Of the Obligation that arises from Property
  2. pp. 685-698
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  1. Chapter XI. Of Promises
  2. pp. 699-728
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  1. Chapter XII. Of Contracts
  2. pp. 729-767
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  1. Chapter XIII. Of an Oath
  2. pp. 768-801
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  1. Chapter XIV. Of the Promises, Contracts, and Oaths of those who have the Sovereign Power
  2. pp. 802-816
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  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
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  1. Chapter XVI. Of Interpretation, or the Way of explaining the Sense of a Promise or Convention
  2. pp. 848-883
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  1. Chapter XVII. Of the Damage done by an Injury, and of the Obligation thence arising
  2. pp. 884-897
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  1. Chapter XVIII. Of the Rights of Embassies
  2. pp. 898-924
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  1. Chapter XIX. Of the Right of Burial
  2. pp. 925-948
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  1. Chapter XX. Of Punishments
  2. pp. 949-1052
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  1. Chapter XXI. Of the Communication of Punishments
  2. pp. 1053-1095
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  1. Chapter XXII. Of the unjust Causes of War
  2. pp. 1096-1114
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  1. Chapter XXIII. Of the dubious Causes of War
  2. pp. 1115-1132
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  1. Chapter XXIV. Exhortations not to engage in a War rashly, tho' for just Reasons
  2. pp. 1133-1150
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  1. Chapter XXV. Of the Causes for which War is to be undertaken on the Account of others
  2. pp. 1151-1166
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  1. Chapter XXVI. Of the Reasons that justify those who under another's Command engage in War
  2. pp. 1167-1184
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  1. Book III Title Page, Copyright
  1. Table of Contents of the Set
  2. pp. vii-x
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  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
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  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
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  1. Chapter III. Of a just or solemn War, according to the Right of Nations, and of its Denunciation
  2. pp. 1246-1269
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  1. Chapter IV. The Right of killing Enemies, and exercising other Violence on their Persons, in a solemn War
  2. pp. 1270-1302
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  1. Chapter V. Of Wasting and Plundering
  2. pp. 1303-1313
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  1. Chapter VI. Of the Right to Things taken in War
  2. pp. 1314-1359
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  1. Chapter VII. Of the Right over Prisoners
  2. pp. 1360-1373
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  1. Chapter VIII. Of the Jurisdiction that Victors gain over those they conquer.
  2. pp. 1374-1380
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  1. Chapter IX. Of the Right of Postliminy
  2. pp. 1381-1410
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  1. Chapter X. Some Advices concerning what is done in an unjust War
  2. pp. 1411-1419
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  1. Chapter XI. The Right of Killing in a just War, qualified
  2. pp. 1420-1456
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  1. Chapter XII. The Right of Wasting, and such other Violences, qualified
  2. pp. 1457-1474
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  1. Chapter XIII. The Right over Things taken in War, qualified
  2. pp. 1475-1480
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  1. Chapter XIV. Moderation in Regard to Prisoners
  2. pp. 1481-1497
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  1. Chapter XV. Moderation in obtaining Empire and Sovereignty
  2. pp. 1498-1511
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  1. Chapter XVI. Moderation concerning those Things which, by the Law of Nations, have not the Benefit of Postliminy
  2. pp. 1512-1518
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  1. Chapter XVII. Of Neuters in War
  2. pp. 1519-1526
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  1. Chapter XVIII. Of private Actions in a publick War
  2. pp. 1527-1532
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  1. Chapter XIX. Of Faith between Enemies
  2. pp. 1533-1550
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  1. Chapter XXI. Of Faith during War, of Truces, of Safe Conduct, and the Ransoming of Prisoners
  2. pp. 1595-1616
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  1. Chapter XXII. Of the Faith of Generals and Officers
  2. pp. 1617-1625
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  1. Chapter XXIII. Of the Faith or Promises of private Persons during the War
  2. pp. 1626-1637
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  1. Chapter XXV. The Conclusion, with Admonitions to preserve Faith and seek Peace
  2. pp. 1638-1644
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  1. Passages of Scripture
  2. pp. 1645-1654
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  1. Index I
  2. pp. 1655-1666
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  1. Index II
  2. pp. 1667-1674
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  1. Index III and Last
  2. pp. 1675-1740
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  1. Appendix: Prolegomena to the First Edition of De Jure Belli ac Pacis
  2. pp. 1741-1742
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  1. A note on the translation
  2. pp. 1743-1744
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  1. Prolegomena to the First Edition of De Jure Belli ac Pacis
  2. pp. 1745-1762
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  1. Bibliography of Postclassical Works Referred to by Grotius
  2. pp. 1763-1790
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  1. Bibliography of Works referred to in Jean Barbeyrac's Notes
  2. pp. 1791-1814
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  1. Index
  2. pp. 1815-1988
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  1. Production Notes
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