Hugo Grotius on the Law of War and Peace

Student Edition

Author: Stephen C. Neff

Publisher: Cambridge University Press

ISBN: 1139560182

Category: Law

Page: N.A

View: 6505

Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.

On The Law Of War And Peace

Author: Hugo Grotius

Publisher: Kessinger Publishing

ISBN: 9781419138751

Category: Philosophy

Page: 343

View: 1909

But as in those early times, when men were few, and aggressions rare, there was less occasion for examples, God restrained by an express commandment the impulse of nature which appeared lawful, he forbad any one to kill the murderer, at the same time prohibiting all intercourse with him, even so far as not to touch him.

War and the Law of Nations

A General History

Author: Stephen C. Neff

Publisher: Cambridge University Press

ISBN: 9781139445238

Category: Law

Page: N.A

View: 1190

This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

War and Peace in the Law of Islam

Author: Majid Khadduri

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584776951

Category: History

Page: 321

View: 9826

Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index

The Rights of War and Peace

Author: Hugo Grotius

Publisher: N.A

ISBN: 9781434413000

Category: Law

Page: 438

View: 2843

Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.

The Ethics of War and Peace

An Introduction to Legal and Moral Issues

Author: Paul Christopher

Publisher: N.A

ISBN: N.A

Category: Philosophy

Page: 259

View: 2403

This classic introduction to the ethics of war and peace explores in depth the legal and moral issues of when and how to use force to achieve political objectives. A detailed overview and critical, philosophical analysis — written by a professional soldier with over 25 years of commissioned service — it surveys the historical development of just war reasoning, its incorporation into the international laws concerning when and how to wage war, and the specific shortcomings with existing laws and practices concerning the conduct of modern-day hostilities. Explores the often-conflicting moral and legal obligations that officers and soldiers have when ordered to fight in wars they believe to be unjust. Contains many recent examples — e.g., Gulf War, interventions in Bosnia, Haiti, Somalia. Addresses the moral and legal issues surrounding UN peacekeeping and peacemaking missions. Examines certain problematic aspects of the international laws of war and the just war tradition — e.g., obedience to superior orders, military necessity and reprisals. Shows that although many international laws currently in force are outdated (e.g., those prohibiting the use of barbed spears and glass bullets), the just war principles on which they are based can be used to formulate new laws more suitable to modern tactics and technology (e.g., flamethrowers and nerve agents). Highlights the influence of the Christian religion (both positive and negative) on the development of both the just war tradition and existing international law. For anyone interested in the ethics of war and peace.

The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham,Paola Gaeta

Publisher: Oxford University Press

ISBN: 0199559694

Category: History

Page: 909

View: 1132

Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

Grotius on the Rights of War and Peace

An Abridged Translation

Author: Hugo Grotius,William Whewell

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477942X

Category: History

Page: 528

View: 3286

Reprint of the sole edition of this translation. In this momentous work Grotius describes the situations in which war is a valid tool of law enforcement and outlines the principles of armed combat. Though based on Christian natural law, Grotius advanced the novel argument that his system would still be valid if it lacked a divine basis. In this regard he pointed to the future by moving international law in a secular direction. This edition was abridged by removing most of the quotations from "ancient historians, orators, philosophers, and poets," which are identified in footnotes. As Whewell states in the preface, they tended to "confuse the subject, obscure the reasoning, and weary the reader." By removing them he enhanced clarity and reduced the bulk of the work by "more than a half" (vi). Hugo Grotius [1583-1645], generally acknowledged as the founder of international law, was an influential Dutch jurist, philosopher and theologian. Originally published in 1625, De Jure Belli ac Pacis (On the Law of War and Peace, translated by Whewell as On the Rights of War and Peace) is widely considered to be the first modern treatise on international law. William Whewell [1794-1866] wrote on numerous subjects and is known for the breadth of his endeavors, and his influence on the philosophy of science. He was one of the founding members and an early president of the British Association for the Advancement of Science, a fellow of the Royal Society, president of the Geological Society, and longtime Master of Trinity College, Cambridge.

The Muslim Conception of International Law and the Western Approach

Author: Mohammad Talaat Ghunaimi

Publisher: Springer Science & Business Media

ISBN: 9401195080

Category: Law

Page: 228

View: 2151

The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.

H. Grotius of the Rights of War and Peace

In Three Volumes : in which are Explain'd the Laws and Claims of Nature and Nations, and the Principal Points that Relate Either to Publick Government, Or the Conduct of Private Life : Together with the Author's Own Notes : Done Into English by Several Hands : with the Addition of the Author's Life by the Translators : Dedicated to His Royal Highness the Prince of Wales

Author: Hugo Grotius

Publisher: N.A

ISBN: N.A

Category: International law

Page: N.A

View: 429


Criminal law between war and peace

justice and cooperation in criminal matters in international military interventions : prceedings of the XVth International Congress on Social Defense

Author: Stefano Manacorda,Adán Nieto Martín

Publisher: Ministerio de Justicia

ISBN: 9788484276876

Category: Law

Page: 814

View: 5380

If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

The Rights of War and Peace

Political Thought and the International Order from Grotius to Kant

Author: Richard Tuck

Publisher: OUP Oxford

ISBN: 0191037427

Category: Law

Page: 256

View: 9123

The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

Law, War and Crime

War Crimes, Trials and the Reinvention of International Law

Author: Gerry J. Simpson

Publisher: John Wiley & Sons

ISBN: 0745657311

Category: Law

Page: 240

View: 305

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Civilians and War in Europe 1618-1815

Author: Erica Charters,Eve Rosenhaft,Hannah Smith

Publisher: Liverpool University Press

ISBN: 1781388938

Category: History

Page: 304

View: 5398

Civilians and War in Europe 1618-1815 examines the relationship between civilians and warfare from the start of the Thirty Years War to the end of the Revolutionary and Napoleonic Wars. The volume interrogates received narratives of warfare that identify the development of modern 'total' war with the French Revolutionary and Napoleonic Wars, and instead considers the continuities and transformations in warfare over the course of two hundred years. The contributors examine prisoners of war, the cultures of plunder, the tensions of billeting, and war-time atrocities throughout England, France, Spain, and the German territories. They also explore the legal practices surrounding the conduct and aftermath of war; representations of civilians, soldiers, and militias; and the philosophical underpinnings of warfare. They probe what it meant to be a civilian in territories beset by invasion and civil war or in times when 'peace' at home was accompanied by almost continuous military engagement abroad. Their accounts show us civilians not only as anguished sufferers, but also directly involved with war: fighting back with shocking violence, profiting from war-time needs, and negotiating for material and social redress. And they show us individuals and societies coming to terms with the moral and political challenges posed by the business of drawing lines between 'civilians' and 'soldiers'. With contributors drawn from the fields of political and legal theory, literature and the visual arts, and military, political, social, and cultural history, this volume will appeal to all those with an interest in the history of warfare and the evolution of the idea of the civilian.

The Rights of War and Peace, in Three Books

Wherein are Explained, the Law of Nature and Nations, and the Principal Points Relating to Government

Author: Hugo Grotius,Jean Barbeyrac

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773863

Category: Law

Page: 817

View: 5006

Grotius, Hugo. The Rights of War and Peace, in Three Books: Wherein are Explained, The Law of Nature and Nations, and The Principal Points relating to Government. Written in Latin by the Learned Hugo Grotius, And Translated into English. To which are Added, All the Large Notes of Mr. J. Barbeyrac... London: Printed for W. Innys [et al.], 1738. xxxvi, 817 pp. Folio, 9" x 14." Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-386-3. Cloth. $250. * The "best edition" of a landmark work on law and government by Hugo Grotius [1535-1645] (Lowndes, Bibliographer's Manual of English Literature, Rev. ed. III, 950). First published in Paris in 1625, it established the system of modern public international law, based on the concept of "droit naturel," a morality-based law that superseded the personalities of individuals or nations. These ideas influenced the American Revolution, whose leaders often cited Grotius. "No legal work ever enjoyed a more widely extended reputation, and none ever exercised such a wonderful influence over the public morals of Europe." Marvin, Legal Bibliography 353. This edition features the notes of J. Barbeyrac described by Marvin as excellent. (Whewell) Sweet and Maxwell, A Legal Bibliography of the British Commonwealth of Nations I: 595. Sowerby, Library of Thomas Jefferson 1404. Printing and the Mind of Man 125. Indexed.