Translation of the 1646 Edition of the De Jure Belli ac Pacis Libri Tres : Dedication
1-5
Hugo Grotius: To the most christian king of France and Navarre - Louis XII
[III]-5
Prolegomena to the three books on the law of war and peace
[7]-30
Prolegomena
9-30
Hugo Grotius on The law of warand peace - Book I
[31]-166
Chapter I - What is war? What is law?
33-50
I.—Scope of the treatise
33
II.—Definition of war, and origin of the word
33-34
[I]II.—Law is considered as a rule of action, and divided into rectorial law and equatorial law
34-35
IV.—A body of rights in respect to quality is divided into facilities and aptitudes
35
V.—Faculties, or legal rights strictly so called, are divided into powers, propertiy rights, and contractual rights
35-36
VI.—Another divison of legal rights, into private and public
36
VII.—What is aptitude?
36
VIII.—On expletive justice and attributive justice; that these are not properly distinguished by geometrical and arithmetical proportion, and that the latter is not concerned with public property, the former with private property
36-37
IX.—Law is definned as a rule, and divided into the law of nature and volitional law
38
X.—Definition of the law of nature, division, and distinction from things which are not properly, so called
38-40
XI.—That the instict common to other animals, or that peculiar to man, does not constitute another kind of law
41-42
XII.—In what way the existence of the law of nature is proved
42-44
XIII.—Division of volitional law into human and divine
44
XIV.—Human law is divided into municipal law, law narrower in scope than municipal law, and law broader in scope than municipal law, which is the law of nations; explanation thereof, and how proved
44
XV.—Divine law is divided into universal divine law and divine law peculiar to a single people
45
XVI.—That those not of Jewish birth have never been bound by the Hebraic law
45-48
XVII.—What arguments Christians may draw from the Hebraic law, and in what way
48-50
Chapter II - Whether it is ever lawful to wage war
51-90
I.—That war is not in conflict with the law of nature is proved by several considerations
51-54
II.—That war is not in conflict with the law of nature is proved from, history
54-55
III.—That war is not in conflict with the law of nature is proved from general agreement
55-56
IV.—Proof is adduced that war is not in conflict with the law of nations
57
V.—Proof is adduced that war was not in conflict with the divine volitional law before the time of the Gospel, and objections are answered
57-61
VI.—Preliminary considerations bearing upon the question whether war is in conflict with the law of the Gospel
61-63
VII.—Arguments drawn from Holy Writ on behalf of the negative view, that war is not in conflict with the law of the Gospel
63-70
VIII.—Answering of the arguments from Holy Writ on behalf of the affirmative view, that war is in conflict with the law of the Gospel
70-81
IX.—The agreement of the early Christians in regard to the subject under discussion is examined
81-90
Chapter III - Distinction between public and private war; explanation of sovereignty
91-137
II.—The proposition, that according to the law of nature not all private war is unpermissible since the establishment of courts, is defended, illustrations being added
92
III.—The proposition is defended that private war in some cases is permissible even according to the law of the Gospel, objections being met
93-96
IV.—Division of public war into formal and less formal
97-98
V.—Whether there may be a public war waged by the authority of a public official not having sovereign power, and when
98-101
VI.—In what the civil power consists
101-102
VII.—What is sovereignty is
102-103
VIII.—The opinion that sovereignty always resides in the people is rejected, and arguments are answered
103-111
IX.—The argument that there is always a relation of mutual dependence between king and people, is refuted
111
X.—Cautions are offered for the right understanding of the true opinion: the first is, in regard to the distinguishing of similar words which differ in meaning
112-113
XI.—The second caution, as to distinguishing rights from the manner of possessing rights
113-115
XII.—It is shown that in some cases the sovereign power is held absolutely, that is with right of transfer
115-119
XIII.—It is shown that in some cases the sovereign authority is not held absolutely
119-120
XIV.—It is shown that in some cases intermediate governmental authority is held absolutely, that is with right of transfer
120
XV.—The distinction stated is reinforced from the difference in mode of appointing regents in kingdoms
120-121
XVI.—It is shown that sovereignty is not limited even by a promise of that which lies outside the sphere of the law of nature or of divine law
121-123
XVII.—It is shown that sovereignty is sometimes divided into parts, subjective or potential
123-124
XVIII.—That nevertheless it is wrong to infer that there is a division of sovereignty when kings do not wish certain acts of theirs to have the force of law unless approved by some assembly
124-125
XIX.—That other examples of wrong inference regarding the division of sovereignty are found under this head
125
XX.—True examples of mixed sovereignty
125-130
XXI.—It is shown that sovereignty may be vested in him who is bound by an unequal alliance; and objections are met
130-136
XXII.—That sovereignty may be held by him who pays tribute
136
XXIII.—That sovereignty may be held by him who is bound by feudal law
136-137
XXIV.—Distinction between the right of sovereignty and the exercise of the right, with examples
137
Chapter IV - War of subjects against superiors
138-163
I.—State of the question
138
II.—That as a general rule rebellion is not permitted, by the law of nature
139-140
III.—That rebellion is not allowable according to Hebraic law
140
IV.—That rebellion is even less allowable according to the law of the Gospel; proof is presented from Holy Writ
141-144
V.—That rebellion is not allowable according to the practice of the early Christians
144-146
VI.—The view which holds that it is permissible for subordinate officials to rebel against sovereign authority is refuted, both by argument and by Holy Writ
146-148
VII.—What view is to be taken in case of extreme and in other respects unavoidable necessity
148-156
VIII.—That the right to make war may be conceded against him who has the chief authority among a free people
156
IX.—That the right to make war may be conceded against a king who has abdicated the sovereign power
157
X.—That the right to make war may be conceded against a king who alienates his kingdom, but only so far as to prevent the transfer
157
XI.—That the right to make war may be conceded against a king who openly shows himself the enemy of the whole people
157-158
XII.—That the right to make war may he conceded against a king who has lost his kingdom in consequence of a commissory law
158
XIII.—That the right to make war may be conceded against a king who, possessing only a part of the sovereign power, seeks to possess himself of the part that does not belong to him
158
XIV.—That the right to make war is conceded against a king in case liberty to offer resistance has in certain cases been reserved
158-159
XV.—How far obedience should be rendered to a usurper of sovereign power
159
XVI.—That resistance by force may be used against a usurper by virtue of a right of war still continuing
160
XVII.—That resistance by force may be used against a usurper by virtue of a pre-existing law
160-161
XVIII.—That resistance by force may be used against a usurper by virtue of a mandate of one possessing sovereign power
161
XIX.—Why resistance to a usurper should be limited to the cases mentioned
161-163
XX.—When the right of sovereignty is in dispute private persons ought not to take it upon themselves to settle the matter
163
Chapter V - Who may lawfully wage war
164-166
I.—The efficient causes of war are in part those who wage war on their own account as principals
164
II.—The efficient causes of war are in part those who wage war on another's account, as auxiliary agents
164-165
III.—The efficient causes of war are in part those who wage war as instruments, as servants and subjects
165
IV.—By the law of nature no one is enjoined from waging war