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Vol 21 No 11 Nov/Dec 2016

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

Edited by: Stephen C. Neff

ISBN13: 9780521128124
Published: August 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £29.99



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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.

Subjects:
Public International Law, Legal History
Contents:
Introduction
On the Law of War and Peace: prologue

Book I: 1. What is war? What is law?
2. Whether it is ever lawful to wage war
3. Distinction between public and private war, explanation of sovereignty (Summi imperii)
4. War of subjects against superiors

Book II: 1. The causes of war: first, defence of self and property
2. Of things which belong to men in common
3. Of original acquisitions of things, with special reference to the sea and rivers
4. On assumed abandonment of ownership and occupation consequent thereon, and wherein this differs from ownership by usucaption and by prescription
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
6. On secondary acquisition of property by the act of man, also, alienation of sovereignty and of the attributes of sovereignty
7. On derivative acquisition of property which takes place in accordance with law, and herein, intestate succession
8. On acquisitions commonly said to be by the law of nations
9. When sovereignty or ownership ceases
10. On the obligation which arises from ownership
11. On promises
12. On contracts
13. On oaths
14. On promises, contracts, and oaths of those who hold sovereign power
15. On treaties and sponsions
16. On interpretation
17. On damage caused through injury, and the obligation arising therefrom
18. On the right of legation
19. On the right of sepulchre
20. On punishments
21. On the sharing of punishments
22. On unjust causes of wars
23. On doubtful causes of wars
24. Warnings not to undertake war rashly, even for just causes
25. On the causes of undertaking war on behalf of others
26. On just causes for war waged by those who are under the rule of another

Book III: 1. General rules from the law of nature regarding what is permissible in war, with a consideration of ruses and falsehood
2. How by the law of nations the goods of subjects may be held for the debt of their rulers, and therein, on reprisals
3. On war that is lawful or public according to the law of nations, and therein, on the declaration of war
4. On the right of killing enemies in a public war, and on other violence against the person
5. Of devastation and pillage
6. On the right of acquiring things taken in war
7. On the right over prisoners of war
8. On the right to rule over the conquered
9. On postliminy
10. Cautions in regard to things which are done in an unlawful war
11. Moderation with respect to the right of killing in a lawful war
12. Moderation in laying waste and similar things
13. Moderation in regard to captured property
14. Moderation in regard to prisoners of war
15. Moderation in the acquisition of sovereignty
16. Moderation in regard to those things which by the law of nations have not the right of postliminy
17. On those who are of neither side in war
18. On acts done by individuals in a public war
19. On good faith between enemies
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 agreements, on arbitration, surrender, hostages and pledges
21. On good faith during war, herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
22. On the good faith of subordinate powers in war
23. On good faith of private persons in war
24. On implied good faith
25. Conclusion, with admonitions on behalf of good faith and peace.