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
- 1 The causes of war: first, defence of self and property
- 2 Of things which belong to men in common
- 3 Of original acquisition of things, with special reference to the sea and rivers
- 4 On assumed abandonment of ownership and occupation consequent thereon; and wherein this differs from ownership by usucaption and by prescription
- 5 On the original acquisition of rights over persons. Herein are treated the rights of parents, marriage, associations, and the rights over subjects and slaves
- 6 On secondary acquisition of property by the act of man; also, alienation of sovereignty and of the attributes of sovereignty
- 7 On derivative acquisition of property which takes place in accordance with law; and herein, intestate succession
- 8 On acquisitions commonly said to be by the law of nations
- 9 When sovereignty or ownership ceases
- 10 On the obligation which arises from ownership
- 11 On promises
- 12 On contracts
- 13 On oaths
- 14 On promises, contracts, and oaths of those who hold sovereign power
- 15 On treaties and sponsions
- 16 On interpretation
- 17 On damage caused through injury, and the obligation arising therefrom
- 18 On the right of legation
- 19 On the right of sepulchre
- 20 On punishments
- 21 On the sharing of punishments
- 22 On unjust causes [of wars]
- 23 On doubtful causes of war
- 24 Warnings not to undertake war rashly, even for just causes
- 25 On the causes of undertaking war on behalf of others
- 26 On just causes for war waged by those who are under the rule of another
- Book III On the Law of War 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
16 - On interpretation
from Book II - 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
- 1 The causes of war: first, defence of self and property
- 2 Of things which belong to men in common
- 3 Of original acquisition of things, with special reference to the sea and rivers
- 4 On assumed abandonment of ownership and occupation consequent thereon; and wherein this differs from ownership by usucaption and by prescription
- 5 On the original acquisition of rights over persons. Herein are treated the rights of parents, marriage, associations, and the rights over subjects and slaves
- 6 On secondary acquisition of property by the act of man; also, alienation of sovereignty and of the attributes of sovereignty
- 7 On derivative acquisition of property which takes place in accordance with law; and herein, intestate succession
- 8 On acquisitions commonly said to be by the law of nations
- 9 When sovereignty or ownership ceases
- 10 On the obligation which arises from ownership
- 11 On promises
- 12 On contracts
- 13 On oaths
- 14 On promises, contracts, and oaths of those who hold sovereign power
- 15 On treaties and sponsions
- 16 On interpretation
- 17 On damage caused through injury, and the obligation arising therefrom
- 18 On the right of legation
- 19 On the right of sepulchre
- 20 On punishments
- 21 On the sharing of punishments
- 22 On unjust causes [of wars]
- 23 On doubtful causes of war
- 24 Warnings not to undertake war rashly, even for just causes
- 25 On the causes of undertaking war on behalf of others
- 26 On just causes for war waged by those who are under the rule of another
- Book III On the Law of War 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 promises are outwardly binding
If we consider only the one who has promised, he is under obligation to perform, of his own free will, that to which he wished to bind himself.…But because internal acts are not of themselves perceivable,…some degree of certainty must be established, lest there should fail to be any binding obligation. [To prevent a person from freeing himself from obligations] by inventing whatever meaning he might wish, natural reason itself demands that the one to whom the promise has been made should have the right to compel the promisor to do what the correct interpretation suggests. For otherwise, the matter would have no outcome, a condition which in morals is held to be impossible.
The measure of correct interpretation is the inference of intent from the most probable indications. These indications are of two kinds, words and implication; and these are considered either separately or together.
Words are to be understood in their ordinary sense
If there is no implication which suggests a different conclusion, words are to be understood in their natural sense, not according to the grammatical sense which comes from derivation, but according to current usage.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 238 - 251Publisher: Cambridge University PressPrint publication year: 2012