Book contents
- The Cambridge Companion to Hugo Grotius
- Cambridge Companions to Law
- The Cambridge Companion to Hugo Grotius
- Copyright page
- Contents
- Contributors
- Preface
- Chronology
- Abbreviations and Short Titles of Works by Grotius
- Editions and Translations of Grotius’ Work
- Introduction
- Part I Grotius in Context
- Part II Concepts
- Part III Grotius as a Man of Letters, Theologian and Political Writer
- Part IV Grotius as a Legal Scholar
- 18 Legal Scholastic and Humanist Influences on Grotius
- 19 Grotius’ Introduction to Hollandic Jurisprudence
- 20 The Laws of War- and Peace-Making
- 21 The Law of Armed Conflict
- 22 The Freedom of the Seas
- 23 Property
- 24 The Law of Contract and Treaties
- 25 Punishment and Crime
- Part V The Reception of Grotius
- Index
- References
21 - The Law of Armed Conflict
from Part IV - Grotius as a Legal Scholar
Published online by Cambridge University Press: 03 September 2021
- The Cambridge Companion to Hugo Grotius
- Cambridge Companions to Law
- The Cambridge Companion to Hugo Grotius
- Copyright page
- Contents
- Contributors
- Preface
- Chronology
- Abbreviations and Short Titles of Works by Grotius
- Editions and Translations of Grotius’ Work
- Introduction
- Part I Grotius in Context
- Part II Concepts
- Part III Grotius as a Man of Letters, Theologian and Political Writer
- Part IV Grotius as a Legal Scholar
- 18 Legal Scholastic and Humanist Influences on Grotius
- 19 Grotius’ Introduction to Hollandic Jurisprudence
- 20 The Laws of War- and Peace-Making
- 21 The Law of Armed Conflict
- 22 The Freedom of the Seas
- 23 Property
- 24 The Law of Contract and Treaties
- 25 Punishment and Crime
- Part V The Reception of Grotius
- Index
- References
Summary
To expound the law relating to war was a primary purpose of Hugo Grotius in the writing of his famous treatise, De jure belli ac pacis (1625). In Grotius’ opinion, a ‘very serious error’ had taken hold of the popular mind, to the effect that there was no law regulating the manner in which the combatants went about their deadly business. The events of the Thirty Years War, raging in central Europe at the time the book was written, could easily have given rise to such a notion. Be that as it may, one of Grotius’ central concerns was to refute this pernicious misconception. Even in time of war, he insisted, the opposing sides remain part of a common moral community, governed by the general law of nature, and also by the body of customary and contractual law known as the law of nations.
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- The Cambridge Companion to Hugo Grotius , pp. 457 - 476Publisher: Cambridge University PressPrint publication year: 2021