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

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

Author: Stephen C. Neff
Publisher: Cambridge University Press
ISBN: 9780521128124
Published In: August 2012
Format: Paperback , 546 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Succinct but thorough introduction outlines the nature of Grotius's contributions to natural law, political theory and international law

• Extensive annotations explain technical points of law and arguments that are otherwise difficult to follow

• Extraneous material removed from original text, thereby allowing readers to concentrate on the arguments and lines of thought

Preface	xi
List of abbreviations	xii
Introduction	xiii
Note on the text	xxxvi
Prologue	1
BOOK I
1 What is war? What is law?	23
2 Whether it is ever lawful to wage war	34
3 Distinction between public and private war; explanation of sovereignty (summi imperii)	43
4 War of subjects against superiors	68
5 Who may lawfully wage war	77
BOOK II
1 The causes of war: first, defence of self and property	81
2 Of things which belong to men in common	92
3 Of original acquisition of things, with special reference to the sea and rivers	105
4 On assumed abandonment of ownership and occupation consequent thereon; and wherein this differs from ownership by usucaption and by prescription	116
5 On the original acquisition of rights over persons. Herein are treated the rights of parents, marriage, associations, and the rights over subjects and slaves	124
6 On secondary acquisition of property by the act of man; also, alienation of sovereignty and of the attributes of sovereignty	138
7 On derivative acquisition of property which takes place in accordance with law; and herein, intestate succession	144
8 On acquisitions commonly said to be by the law of nations	159
9 When sovereignty or ownership ceases	170
10 On the obligation which arises from ownership	177
11 On promises	186
12 On contracts	202
13 On oaths	215
14 On promises, contracts, and oaths of those who hold sovereign power	222
15 On treaties and sponsions	232
16 On interpretation	238
17 On damage caused through injury, and the obligation arising therefrom	252
18 On the right of legation	260
19 On the right of sepulchre	267
20 On punishments	269
21 On the sharing of punishments	292
22 On unjust causes [of wars]	301
23 On doubtful causes of war	307
24 Warnings not to undertake war rashly, even for just causes	311
25 On the causes of undertaking war on behalf of others	315
26 On just causes for war waged by those who are under the rule of another	319
BOOK III
1 General rules from the law of nature regarding what is permissible in war; with a consideration of ruses and falsehood	325
2 How by the law of nations the goods of subjects may be held for the debt of their rulers; and therein, on reprisals	338
3 On war that is lawful or public according to the law of nations; and therein, on the declaration of war	343
4 On the right of killing enemies in a public war, and on other violence against the person	349
5 On devastation and pillage	357
6 On the right of acquiring things taken in war	359
7 On the right over prisoners of war	368
8 On the right to rule over the conquered	374
9 On postliminy	376
10 Cautions in regard to things which are done in an unlawful war	384
11 Moderation with respect to the right of killing in a lawful war	387
12 Moderation in laying waste and similar things	394
13 Moderation in regard to captured property	398
14 Moderation in regard to prisoners of war	402
15 Moderation in the acquisition of sovereignty	406
16 Moderation in regard to those things which by the law of nations have not the right of postliminy	408
17 On those who are of neither side in war	411
18 On acts done by individuals in a public war	413
19 On good faith between enemies	418
20 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 agreement; on arbitration, surrender, hostages, and pledges	426
21 On good faith during war; herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners	449
22 On the good faith of subordinate powers in war	460
23 On good faith of private persons in war	466
24 On implied good faith	472
25 Conclusion, with admonitions on behalf of good faith and peace	474
Appendix 1	477
Appendix 2	481
Further reading	488
Index of names	490
Subject index	493