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
11 - Moderation with respect to the right of killing in a lawful war
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
Who may be killed in accordance with moral justice
When it is just to kill – for this must be our starting point – in a lawful war in accordance with moral justice (iustitia interna) and when it is not just to do so, may be understood from the explanations which were given by us in the first chapter of this book. Now a person is killed either intentionally or unintentionally. No one can justly be killed intentionally, except as a just penalty or in case we are able in no other way to protect our life and property; although the killing of a man on account of transitory things, even if it is not at variance with justice in a strict sense, nevertheless is not in harmony with the law of love. However that punishment may be just, it is necessary that he who is killed shall himself have done wrong, and in a matter punishable with the penalty of death on the decision of a fair judge. But we shall here say less on this point, because we think that what needs to be known has been sufficiently set forth in the chapter on punishments.
On killing for a fault that is intermediate between ill-fortune and deceit
But it must be observed that, between absolute wrong and unmitigated ill-fortune, a mean may often intervene which is composed, as it were, of both elements. In such a case, the action cannot be called purely that of a man having knowledge and intent, nor purely that of a man not having knowledge or acting against his will. To this class of actions,…[the Latin label] culpa [may be applied].
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 387 - 393Publisher: Cambridge University PressPrint publication year: 2012