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

By Stephen C. Neff
Cambridge University Press August 2012

Specifications

ISBN-13
9780521128124
Publisher
Cambridge University Press
Publication
August 2012
Format
Paperback , 546 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Stephen C. Neff
University of Edinburgh

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