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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

from Book II - On the Law of War and Peace

Published online by Cambridge University Press:  05 April 2013

Stephen C. Neff
Affiliation:
University of Edinburgh
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Summary

Rights of parents over children

A right is acquired not only over things but also over persons. Such rights have their origin primarily in generation, consent, or crime. By generation, parents acquire a right over children – both parents, I mean, the father and the mother. But if there is variance in the exercise of these rights, the right of the father is given preference on account of the superiority of sex.

The period of infancy, and ownership of property by infants

Moreover, in dealing with children, three periods must be distinguished. The first is that of imperfect judgement,…while there is lack of discretion.…The second is the period of mature judgement, but while the son still remains a part of the family of the parents, that is so long as he has not separated from it.…The third is the period after the son has withdrawn from the family.

In the first period, all the actions of children are under the control of the parents; for it is fair that he who is not able to rule himself be ruled by another. . . . But naturally no one except the parents can be found to whom such control may be committed.

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Chapter
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Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 124 - 137
Publisher: Cambridge University Press
Print publication year: 2012

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