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
8 - On the right to rule over the conquered
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
Acquisition of civil authority by war
It is not at all strange if he who can subject individuals to himself in personal servitude is able to subject to himself an aggregation of men – whether they formed a state, or a part of a state – in a subjection which may be purely civil, or purely personal, or mixed.
Sovereignty, furthermore, may be acquired for the victor; either such sovereignty merely as is vested in a king or other ruler; and in that case, the victor succeeds to the right of the ruler only, and nothing beyond; or such as is vested in a people, in which case the victor holds sovereignty in such a way that he can even alienate it, just as the people could. We have elsewhere said that thus it has come about that certain kingdoms were held as a patrimony.
The loss of statehood
Even a more fundamental change may be accomplished, so that, for instance, what was a state may cease to be a state. In such cases, the state that was may become an accession of another state, as the Roman provinces did; or it may not be attached to a state, as when a king waging war at his own expense so subjects a people to himself that he wishes it to be governed not for the good of the people but above all else for that of the ruler, and this is the rule of a master, not of civil authority.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 374 - 375Publisher: Cambridge University PressPrint publication year: 2012