The Rights of War and Peace

, by Grotius, Hugo; Tuck, Richard

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ISBN: 9780865974333 | 0865974330
Cover: Hardcover
Copyright: 5/1/2005

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Supplemental Materials

Introduction

A Note on the Text

xxxv

Acknowledgments

xxxix

[The Life of Hugo Grotius]¹

(12)

[Dedication]¹

(4)

[The Preliminary Discourse]¹

(58)

CHAPTER I What War is, and what Right is.

Sect. I. The Order of the Treatise.

133

(1)

II. The Definition of War, and the Original of the Word (Bellum).

134

(2)

III. Right, as it is attributed to Action, described, and divided into what of Governors, and that of Equals.

136

(2)

IV. Right taken for Quality divided into Faculty, and Aptitude or Fitness.

138

(1)

V. Faculty strictly taken, divided into Power, Property, and Credit.

138

(2)

VI. Another Division of Faculty into private and eminent.

140

(1)

VII. What Aptitude is.

141

(1)

VIII. Of expletive and attributive Justice, that they are not properly distinguished by Geometrical and Arithmetical Proportions, nor is this conversant about Things common, nor that about Things private.

142

(5)

IX. Right, taken for a Rule or Law, defined and divided into natural and voluntary.

147

(3)

X. The Law of Nature defined, divided, and distinguished from such as are not properly called so.

150

(407)

XI. That Natural Instinct does not make another distinct Law.

557

XII. How the Law of Nature may be proved.

159

(3)

XIII. Voluntary Right divided into human and divine.

162

(1)

XIV. Human Right divided into a Civil Right, a less extensive Right than the Civil, and a more extensive Right, or the Law of Nations: This explained and proved.

162

(402)

XV. The Divine Law divided into that which is universal, and that which is peculiar to one Nation.

564

XVI. That the Law given to the Hebrews did not oblige Strangers.

166

(9)

XVII. What Arguments Christians may fetch from the Judaical Law, and how.

175

(5)

CHAPTER II Whether it is ever lawful to make War.

Sect. I. That to make War is not contrary to the Law of Nature, proved by Reasons.

180

(5)

II. Proved by History.

185

(2)

III. Proved by a general Consent.

187

(402)

IV. That War is not contrary to the Law of Nations.

589

V. That the voluntary divine Law before Christ, was not against it, proved; and the Objections answered.

190

(5)

VI. Certain Cautions concerning the Question, whether War be contrary to the Law of the Gospel.

195

(2)

VII. Arguments for the negative Opinion, out of Holy Writ.

197

(11)

VIII. The Arguments out of Scripture for the Affirmative answered.

208

(14)

IX. The Opinion of the Primitive Christians concerning this examined.

222

(18)

CHAPTER III The Division of War into publick and private; together with an Explication of the Supreme Power.

Sect. I. The Division of War into publick and private.

240

(1)

II. That every private War was not by the Law of Nature unlawful, after the erecting of Tribunals of Justice, defended with some Examples.

241

(1)

III. Nor by the Evangelical Law, with an Answer to the Objections.

242

(6)

IV. Publick War divided into that which is solemn, and that which is not solemn.

248

(4)

V. Whether a War made by the Authority of a Magistrate who has not the supreme Power, be a publick one, and when it is so.

252

(5)

VI. In what the civil Power consists.

257

(2)

VII. What Power is supreme.

259

(1)

VIII. The Opinion refuted, which holds that the supreme Power is always in the People, and the Arguments for it answered.

260

(16)

IX. Mutual Subjection of King and People refuted.

276

(1)

X. Some Cautions for judging of the sovereign Power: The First is, to distinguish a Likeness of Terms, when the Affair is altogether different.

277

(2)

XI. The Second Caution is, to distinguish a Right from the Manner of possessing that Right.

279

(6)

XII. Some sovereign Powers are held with a full Right of Alienation.

285

(8)

XIII. Others have no such Right.

293

(3)

XIV. Some Powers, tho' not supreme, are yet held with the Right of Alienation.

296

(1)

XV. This appears from the different Ways of assigning Regents and Guardians in Kingdoms.

297

(3)

XVI. A Sovereign does not lose his supreme Power by any Promise, provided what he promises does not regard the Law of GOD or Nature.

300

(5)

XVII. That the sovereign Power is sometimes divided into subjective and potential Parts.

305

(2)

XVIII. But that there is such a Division, or sharing of the Sovereignty between King and People, is ill inferred from this, that Princes will have some of their Acts confirmed by the Senate.

307

(1)

XIX. Several other Examples ill drawn into such a Conclusion.

308

(1)

XX. What are real Precedents in this Case.

309

(9)

XXI. A Confederate on unequal Terms, that is, a Prince or State, tho' obliged to acknowledge another Prince or State superior, may yet be invested with sovereign Power.

318

(13)

XXII. Even they who pay Tribute may however have this Power.

331

(1)

XXIII. And they who hold their Dominions by a feudal Tenure.

332

(3)

XXIV. A Man's Right distinguishedflom the Exercise of that Right.

335

(1)

CHAPTER IV Of a War made by Subjects against their Sovereigns.

Sect. I. The Question stated.

336

(2)

II. War against Superiors, as such, is unlawful by the Law of Nature.

338

(4)

III. Nor allowed by the Hebrew Law.

342

(2)

IV. Nor by the Law of the Gospel; this proved by Scripture.

344

(5)

V. And by the Practice of the Primitive Christians.

349

(5)

VI. The Opinion which maintains that it is lawful for inferior Magistrates to engage in a War against the Sovereign, refuted by Reason and Scripture.

354

(2)

VII. What is to be done in Case of extreme and inevitable Necessity

356

(16)

VIII. A free People may make War against their Prince.

372

(1)

IX. And against a King who has abdicated his Kingdom.

373

(1)

X. Or against a King who would alienate his Crown; but this only to prevent the Delivery of it.

373

(2)

XI. Or against a King who evidently declares himself his Subjects Enemy.

375

(1)

XII. And against a King who breaks the Condition upon which he was admitted.

376

(1)

XIII. And against a King who, having but one Part of the sovereign Power, invades the other.

376

(1)

XIV. Or if there is reserved to the People a Liberty of resisting in some certain Cases.

377

(1)

XV. How far an Usurper is to be obeyed.

377

(1)

XVI. An Usurper may be opposed and treated as an Enemy, by Vertue of the Right of War still continuing.

378

(1)

XVII. Or by Vertue of an antecedent Law.

379

(2)

XVIII. Or by his Commission who has a Right to the Crown. 38o

XIX. Why an Usurper is not to be resisted but in these Cases.

381

(2)

XX. In a controverted Title to a Crown, private Persons ought not to take upon them to determine the Pretensions.

383

(1)

CHAPTER V Who may lawfully make War.

Sect. I. The efficient Causes of War are those who engage in it, either upon their own Account, as Principals.

384

(1)

II. Or upon the Account of others, as Assistants.

384

(2)

III. Or are instrumental only, as Servants and Subjects.

386

(1)

IV. By the Law of Nature none prohibited to take up Arms.

386

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