THE RIGHTS OF WAR AND PEACE: Including the Law of Nature and of Nations [Paperback]

Hugo Grotius (Author)

Book Description

ISBN-10: 1602061270 | ISBN-13: 978-1602061279 | Publication Date: March 15, 2007

The Rights of War and Peace establishes a system of international law based on the concept of natural law. Natural law, as Grotius describes it, is law that applies to all people, regardless of country or nationality. This law establishes concepts like "justifiable war" and "natural justice." Grotius discusses situations under which countries should go to war, and then further explains the proper way in which wars should be prosecuted. There are, he says, certain rules in warfare that must be observed, regardless of whether the parties involved have signed any specific agreement to do so. Philosophy and law students, as well as those with an interest in international politics, will be amazed at how modern many of Grotius's ideas seem and intrigued by this foray into international law that still has repercussions in the world today. HUGO GROTIUS (1583-1645) was born in the city of Delft in the Dutch Republic. Staggeringly intelligent, he entered the University of Leiden at age eleven and graduated at age fifteen. He was a philosopher and Christian apologist now remembered for his work in establishing a philosophical basis for international law.

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Language Notes

Text: English, Latin (translation) --This text refers to an out of print or unavailable edition of this title.

Product Details

• Paperback: 436 pages
• Publisher: Cosimo Classics (March 15, 2007)
• Language: English
• ISBN-10: 1602061270
• ISBN-13: 978-1602061279
• Product Dimensions: 8.5 x 5.4 x 1.1 inches
• Shipping Weight: 1.2 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #289,073 in Books (See Top 100 in Books)
  • #20 in Books > Law > Perspectives on Law > Natural Law

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24 of 24 people found the following review helpful:

5.0 out of 5 stars A timeless classic on the moral basis of Civilization, September 23, 2001

By 

Jean-Francois Virey (59500 DOUAI France) - See all my reviews
(REAL NAME)   

This review is from: The Rights of War and Peace: Including the Law of Nature and of Nations (Universal Classics Library, V. 1.) (Hardcover)

"Those who write treatises of natural law, can only declare what their own moral sense and reason dictate in the several cases they state. Such of them as happen to have feelings and a reason coincident with those of the wise and honest part of mankind, are respected and quoted as witnesses of what is morally right or wrong in particular cases. Grotius, Puffendorf, Wolf, and Vattel are of this number." - Thomas Jefferson.

Better known under his latin name, Grotius, Hugo de Groot (1583-1645), a Dutch protestant jurist, is generally considered the "father of international law". Another great father, that of the U.S. Constitution, praised his "genius and erudition", while U.S. historian George Bancroft saw in "the admirable Grotius" "the first political writer of his age", though he was a contemporary of the more widely known Thomas Hobbes. And yet here am I, writing the first Amazon review of his masterpiece, *The Rights of War and Peace*, published in 1625.

In his introduction to this first volume of the beautiful collection, "Universal Classics" , published in 1901 by Walter Dunne, David J. Hill provides a fascinating portrait of this precocious genius : "At eight he wrote Latin verses which betrayed poetic talent ; at twelve he entered the University... and at fifteen he defended with he greatest applause Latin theses in philosophy and jurisprudence... at the age of seventeen he was admitted to the bar". As for the present treatise, a document discovered in 1868 revealed that "the entire plan and even the arrangement of the *De Jure Belli ac Pacis* were in the mind of Grotius when he was only twenty-one years of age."

To summarize the main thrust of his argument, Grotius believed, in Hills apt words, that "war is never to be undertaken except to assert rights, and when undertaken is never to be carried on except within the limits of rights." These two fundamental requirements, without which no war can be called just, organize the two major sections of this three-book work : Book II, which articulates the just causes of war, namely "the defense of person and property" ; and Book III, which describes the just prosecution of war, by identifying "what is lawful in war." (The two quotes in this sentence are the titles of the first chapters of each book.)

But to reduce this treatise to these two questions would be unfair to the scope of Grotiuss intellect. For the Dutch jurist digs deep, not only philosophically, as when he discusses the foundation of property rights, the moral nature of oaths or the relationship between the law of nature, Gods commandments and positive law ; but culturally, offering a magisterial survey of mankinds treasuries of knowledge and wisdom, from Scripture to Homer, Aristotle, Thucydides, Livy, Ulpian, Justinian, Cicero and Seneca, among others.

*The Rights of War and Peace* should be on the reading list of all American patriots, who cannot ignore such a landmark in the Natural Law tradition. Grotiuss discussion of the right of self-defense is strong ammunition for a libertarian interpretation of the Second Amendment. And his treatment of "pirates and robbers" applies perfectly to modern terrorists, those "atrocious malefactors... [whose] calling... is to extort terms by fear." Reading this book in the week that followed the destruction of the World Trade Center, I was fascinated by its relevance to the whole situation, and how its clarity can help refute the whitewashing of bin Ladens acts by some perverted muslim intellectuals, preying on a West disarmed by moral relativism, ignorance and confusion.

Of course, Grotius is not "modern" in all his opinions. He does not seem to recognize a peoples right to rebel against an unjust monarch, for instance, though a James Otis managed to quote him in support of American independence. But Russell Kirk, in a passage of his *The Roots of American Order* praising Montesquieu, went too far in reducing him to the idea "that a conqueror has the right to slaughter or perpetually enslave a whole people whose armies he has defeated." Doesnt Grotius write that "No one can be justly killed by design, except by way of legal punishment, or to defend our lives, and preserve our property, when it cannot be effected without his destruction"? Doesnt he beautifully affirm that "it is the characteristic of bravery to esteem our opponents as enemies, while contending with victory, and to treat them as men, when conquered"?

Let us not distort the thinking of this prodigious individual by dropping the context and putting an undue emphasis on the errors he shared with his time. Let us rather concur with James Madisons assessment : "Grotius is not unjustly considered, as in some respects, the father of the modern code of nations. Great, however, as his authority deservedly may be, it yields, in a variety of instances, to that of later jurists; who, to all the lights furnished by this luminary, have added those derived from their own sources, and from the improvements made in the intercourse and happiness of nations."

(Note : The editor, A. C. Campbell, made a few cuts in the original text, mostly of what he considered to be redundant or too technical or obscure paragraphs, but included a certain number of interesting footnotes drawing parallels between some of Grotius's points and the writings of Vattel and Blackstone, through whom, when not directly, Grotius influenced the Founding Fathers.)