Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- Note on the text
- Prologue to the three books On the Law of War and Peace
- Book I On the Law of War and Peace
- Book II On the Law of War and Peace
- Book III On the Law of War and Peace
- 1 General rules from the law of nature regarding what is permissible in war; with a consideration of ruses and falsehood
- 2 How by the law of nations the goods of subjects may be held for the debt of their rulers; and therein, on reprisals
- 3 On war that is lawful or public according to the law of nations; and therein, on the declaration of war
- 4 On the right of killing enemies in a public war, and on other violence against the person
- 5 On devastation and pillage
- 6 On the right of acquiring things taken in war
- 7 On the right over prisoners of war
- 8 On the right to rule over the conquered
- 9 On postliminy
- 10 Cautions in regard to things which are done in an unlawful war
- 11 Moderation with respect to the right of killing in a lawful war
- 12 Moderation in laying waste and similar things
- 13 Moderation in regard to captured property
- 14 Moderation in regard to prisoners of war
- 15 Moderation in the acquisition of sovereignty
- 16 Moderation in regard to those things which by the law of nations have not the right of postliminy
- 17 On those who are of neither side in war
- 18 On acts done by individuals in a public war
- 19 On good faith between enemies
- 20 On the good faith of states, by which war is ended; also on the working of peace treaties, on decision by lot, on combat by agreement; on arbitration, surrender, hostages, and pledges
- 21 On good faith during war; herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
- 22 On the good faith of subordinate powers in war
- 23 On good faith of private persons in war
- 24 On implied good faith
- 25 Conclusion, with admonitions on behalf of good faith and peace
- Appendix 1 Note 18 (p. 329): the text of Grotius's note
- Appendix 2 Alternative outline
- Further reading
- Index of names
- Subject index
24 - On implied good faith
from Book III - On the Law of War and Peace
Published online by Cambridge University Press: 05 April 2013
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- Note on the text
- Prologue to the three books On the Law of War and Peace
- Book I On the Law of War and Peace
- Book II On the Law of War and Peace
- Book III On the Law of War and Peace
- 1 General rules from the law of nature regarding what is permissible in war; with a consideration of ruses and falsehood
- 2 How by the law of nations the goods of subjects may be held for the debt of their rulers; and therein, on reprisals
- 3 On war that is lawful or public according to the law of nations; and therein, on the declaration of war
- 4 On the right of killing enemies in a public war, and on other violence against the person
- 5 On devastation and pillage
- 6 On the right of acquiring things taken in war
- 7 On the right over prisoners of war
- 8 On the right to rule over the conquered
- 9 On postliminy
- 10 Cautions in regard to things which are done in an unlawful war
- 11 Moderation with respect to the right of killing in a lawful war
- 12 Moderation in laying waste and similar things
- 13 Moderation in regard to captured property
- 14 Moderation in regard to prisoners of war
- 15 Moderation in the acquisition of sovereignty
- 16 Moderation in regard to those things which by the law of nations have not the right of postliminy
- 17 On those who are of neither side in war
- 18 On acts done by individuals in a public war
- 19 On good faith between enemies
- 20 On the good faith of states, by which war is ended; also on the working of peace treaties, on decision by lot, on combat by agreement; on arbitration, surrender, hostages, and pledges
- 21 On good faith during war; herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
- 22 On the good faith of subordinate powers in war
- 23 On good faith of private persons in war
- 24 On implied good faith
- 25 Conclusion, with admonitions on behalf of good faith and peace
- Appendix 1 Note 18 (p. 329): the text of Grotius's note
- Appendix 2 Alternative outline
- Further reading
- Index of names
- Subject index
Summary
How good faith may be tacitly interposed
[C]ertain things are agreed to by silence; and this is found to be the case in public agreements, in private agreements, and in mixed agreements. The reason is that consent, no matter how indicated and accepted, has the power of transferring a right. But there are also other signs of consent besides spoken and written words, as we have already more than once indicated. And certain signs by nature form a part of the act.
The case of a person who desires to be received under the protection of a people or a king
An example may be found in the case of the person who comes either from the enemy or from a foreign country and entrusts himself to the good faith of another people or king. For there ought to be no doubt that such a person tacitly binds himself to do nothing against that government under which he seeks protection.
The case of one who asks or grants a parley
Likewise the person who asks or grants a parley tacitly promises that it will be without hurt to those who take part in it.
Whether a person who asks or grants a parley is hindered from promoting his own interests
But that implied consent must not be extended beyond what I have said. For, provided that the parties to the conference suffer no harm, it is not treacherous, but reckoned among honourable artifices, to divert the enemy from warlike plans by the pretext of a parley, and in the meantime to promote one’s own advantage.
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- Information
- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 472 - 473Publisher: Cambridge University PressPrint publication year: 2012