International law; Natural law; War (International law)
It may be of interest at this point in the career of Grotius to
describe briefly the character of the great work which was soon to win
for him a new celebrity, and materially change his prospects in life.
The inspiration of his "_De Jure Belli ac Pacis_" was the love of
peace, yet he was far from being one of those visionaries who totally
condemn the use of armed force and proscribe all war as wrong and
unnecessary. On the contrary, he seeks to discover when, how, and by
whom war may be justly conducted.
His plan of treatment is as follows:--
In the First Book, he considers whether any war is just, which leads
to the distinction between public and private war, and this in turn
to a discussion of the nature and embodiment of sovereignty.
In the Second Book, the causes from which wars arise, the nature
of property and personal rights which furnish their occasions, the
obligations that pertain to ownership, the rule of royal succession,
the rights secured by compacts, the force and interpretation of
treaties, and kindred subjects are examined.
In the Third Book, the question is asked, "What is lawful war?"
which prepares for the consideration of military conventions and the
methods by which peace is to be secured.
From the authority of the Empire and the Church, no longer effectual as
an international agency, Grotius appeals to Humanity as furnishing the
true law of nations. Beginning with the idea that there is a kinship
among men established by nature, he sees in this bond a community
of rights. The society of nations, including as it does the whole
human race, needs the recognition of rights as much as mere local
communities. As nations are but larger aggregations of individuals,
each with its own corporate coherence, the accidents of geographic
boundary do not obliterate that human demand for justice which springs
from the nature of man as a moral being. There is, therefore, as a
fundamental bond of human societies a Natural Law, which, when properly
apprehended, is perceived to be the expression and dictate of right
reason. It is thus upon the nature of man as a rational intelligence
that Grotius founds his system of universal law.
Public-domain text, read in full here on John Shaqi.
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