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26 - On just causes for war waged by those who are under the rule of another

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

Who is under the rule of another

We have dealt with those who are independent of any control. There are others in a condition which requires them to render obedience, as sons in a household, slaves, subjects, also individual citizens considered in relation to the body politic of their state.

What those under the rule of another should do if they are summoned

If those under the rule of another are admitted to a deliberation, or there is given to them a free choice of going to war or remaining at peace, they should be governed by the same rules as those who, at their own discretion, take up arms for themselves or on behalf of others.

If those under the rule of another are ordered to go to war and should believe the cause of the war to be unjust

If those under the rule of another are ordered to take the field, as often occurs, they should altogether refrain from so doing if it is clear to them that the cause of the war is unjust.

The civil law, which readily grants pardon to excusable crimes, is lenient to those who are under obligation to obey, but not so in respect to all things. It makes an exception in the case of those acts which display heinousness of deed or crime, which, as Cicero says, are ‘of themselves atrocious and abominable’; or … deeds of evil which ought to be shunned instinctively, not in consequence of the discussions of jurists, but by a natural reaction.

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Chapter
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Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 319 - 322
Publisher: Cambridge University Press
Print publication year: 2012

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