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21 - On the sharing of punishments

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

How punishment may pass to those who have shared in the crime

Whenever question arises in regard to the sharing of punishment, the question concerns either those who are accessories in the wrong, or other persons.

Those who are accessories in the wrong are punished not so much for another's, as for their own, misdeed. Who these are may be seen from our previous discussion of damage unjustly inflicted. In fact, one comes to participation in a wrong in almost the same way as to participation in the infliction of injury.…[A]ny sort of fault may frequently be sufficient to give rise to a liability for damages inflicted.

Therefore, those who order a wicked act, or who grant to it the necessary consent, or who aid it, or who furnish asylum, or those who in any other way share in the crime itself; those who give advice, who praise, or approve; those who do not forbid such an act although bound by law properly so called to forbid it, or who do not bring aid to the injured although bound to do so by the same law; those who do not dissuade when they ought to dissuade; those who conceal the fact which they are bound by some law to make known – all these may be punished, if there is in them evil intent sufficient to deserve punishment, according to the discussion which immediately precedes.

Type
Chapter
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Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 292 - 300
Publisher: Cambridge University Press
Print publication year: 2012

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  • On the sharing of punishments
  • Edited by Stephen C. Neff, University of Edinburgh
  • Book: Hugo Grotius on the Law of War and Peace
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139031233.032
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  • On the sharing of punishments
  • Edited by Stephen C. Neff, University of Edinburgh
  • Book: Hugo Grotius on the Law of War and Peace
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139031233.032
Available formats
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  • On the sharing of punishments
  • Edited by Stephen C. Neff, University of Edinburgh
  • Book: Hugo Grotius on the Law of War and Peace
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139031233.032
Available formats
×