Grotius (ppt 1 and 2) Flashcards
(16 cards)
Name of his work
De Jure Belli ac Pacis
General content of his work
Reintroduces elements of Christianity in jurisprudence. Importance of just cause
Content of Book 1
How different sorts of agents may be empowered to wage war
Content of Book 2
The grounds on which war may be undertaken (ius ad bellum)
Content of Book 3
what conduct is permissible in war and how to restore peace (ius in bello)
Content of Prolegomena
his approach, method and intent. Using different norms, natural law, religion,…
Book 1: Natural and volitional law
natural law is grounded in human nature, volitional law is made by humans or divine command
Book 1, types of war
Public: sovereign powers
Private: individuals
Mixed: both, ex. subjects fighting against their rulers
Book 1, the concept of war
the state of those contending by force
Agents in warfare
Principals: belligerents
Auxilairies: a belligerent’s ally
Instruments: the belligerent’s subject
Book 2, just cause (4)
Defense of self-property against unjust attack
Recovery of things wrongly taken
Exaction of outstanding debts
Punishment of wrong doing
(he disagrees with scholastic tradition that only just cause is self defense)
Book 2, Distinction between justifying and persuasive causes
justifying: pretext,
persuasive: no pretext
Book 3, outline (6)
-The rights of war may only be exercised by the party who possesses a just cause
-The limits of war depends on the cause
-No legal equality between belligerents (one is just, the other is not)
- external justice
-internal justice
-discussion of peace
external justice
you can kill anyone in the enemy’s territory, complete impunity
internal justice
Killing only the people you need to, allow people to surrender
Book 3, conclusion
Peace should be accepted, even at a loss and upheld
