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Prologue to the three books 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

The municipal law of Rome and of other states has been treated by many, who have undertaken to elucidate it by means of commentaries or to reduce it to a convenient digest. That body of law, however, which is concerned with the mutual relations among states or rulers of states (inter populos plures aut populorum), whether derived from nature, or established by divine ordinances, or having its origin in custom (moribus) and tacit agreement, few have touched upon. Up to the present time, no one has treated it in a comprehensive and systematic manner; yet the welfare of mankind demands that this task be accomplished.

Such a work is all the more necessary because, in our day as in former times, there is no lack of men who view this branch of law with contempt as having no reality outside of an empty name. On the lips of men quite generally is the saying…that, in the case of a king or imperial city, nothing is unjust which is expedient. Of like implication is the statement that, for those whom fortune favours, might makes right, and that the administration of a state cannot be carried on without injustice.

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Chapter
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Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 2012

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References

Three of these are referred to by Grotius in this treatise: On Civil Power (1528), On the American Indians (1539), and On the Law of War (1539)Google Scholar
Political Writings, edited by Pagden, Anthony and Lawrance, Jeremy (Cambridge University Press, 1991).Google Scholar
He was the author of On the Law of War and on the Duties Connected with War and on Military Discipline (1581)Google Scholar
Gentili, Alberico (1552–1608) was an Italian Protestant lawyer whose principal career was in England, as Professor of Civil Law at the University of Oxford. His book On the Law of War (1598) was an important contribution to international law (with an English translation in 1933 by the Clarendon Press). He also did works on diplomatic law (De Legationibus in 1582, with an English translation by the Carnegie Endowment for International Peace in 1924), on various aspects of prize law (published posthumously as Hispanicae Advocationis in 1613, with an English translation by Oxford University Press in 1921) and a historical study of The Wars of the Romans in 1599 (with an English translation by Oxford University Press in 2011)Google Scholar
The Six Books on the Commonwealth (1576).Google Scholar

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