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
- References
20 - On punishments
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
- References
Summary
Definition and origin of punishment
Above, when we began to speak of the reasons for which wars are undertaken, we said that acts must be considered in two categories, according as they can be repaired or punished. The former class we have already discussed. There remains the latter, which concerns punishments. This we must consider all the more carefully because the lack of a clear understanding as to the origin and nature of punishment has given rise to many mistaken opinions.
Now punishment in general means an evil of suffering which is inflicted because of an evil of action. For although it is customary to assign certain tasks to persons as a punishment, yet these tasks are regarded from the point of view of their burdensomeness, and so are to be classed with sufferings. However, the inconveniences, such as exclusion from public meetings or offices, which are anywhere suffered on account of a contagious disease, or a bodily deformity, or other manifestations of uncleanness (many of these are mentioned in the Hebraic law), are not, strictly speaking, punishments, although they are called by this name on account of a certain resemblance and through a misuse of the term.
Moreover, among those things which nature itself declares are permissible and not sinful is this, that he who does evil shall suffer evil; this the philosophers call the most ancient law, and law of Radamanthus.
What we have said of punishment properly so called is summed up in this, that it is a [response to] a crime.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 269 - 291Publisher: Cambridge University PressPrint publication year: 2012