Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- Note on the text
- Prologue to the three books On the Law of War and Peace
- Book I On the Law of War and Peace
- Book II On the Law of War and Peace
- 1 The causes of war: first, defence of self and property
- 2 Of things which belong to men in common
- 3 Of original acquisition of things, with special reference to the sea and rivers
- 4 On assumed abandonment of ownership and occupation consequent thereon; and wherein this differs from ownership by usucaption and by prescription
- 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
- 6 On secondary acquisition of property by the act of man; also, alienation of sovereignty and of the attributes of sovereignty
- 7 On derivative acquisition of property which takes place in accordance with law; and herein, intestate succession
- 8 On acquisitions commonly said to be by the law of nations
- 9 When sovereignty or ownership ceases
- 10 On the obligation which arises from ownership
- 11 On promises
- 12 On contracts
- 13 On oaths
- 14 On promises, contracts, and oaths of those who hold sovereign power
- 15 On treaties and sponsions
- 16 On interpretation
- 17 On damage caused through injury, and the obligation arising therefrom
- 18 On the right of legation
- 19 On the right of sepulchre
- 20 On punishments
- 21 On the sharing of punishments
- 22 On unjust causes [of wars]
- 23 On doubtful causes of war
- 24 Warnings not to undertake war rashly, even for just causes
- 25 On the causes of undertaking war on behalf of others
- 26 On just causes for war waged by those who are under the rule of another
- Book III On the Law of War and Peace
- Appendix 1 Note 18 (p. 329): the text of Grotius's note
- Appendix 2 Alternative outline
- Further reading
- Index of names
- Subject index
14 - On promises, contracts, and oaths of those who hold sovereign power
from Book II - On the Law of War and Peace
Published online by Cambridge University Press: 05 April 2013
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- Note on the text
- Prologue to the three books On the Law of War and Peace
- Book I On the Law of War and Peace
- Book II On the Law of War and Peace
- 1 The causes of war: first, defence of self and property
- 2 Of things which belong to men in common
- 3 Of original acquisition of things, with special reference to the sea and rivers
- 4 On assumed abandonment of ownership and occupation consequent thereon; and wherein this differs from ownership by usucaption and by prescription
- 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
- 6 On secondary acquisition of property by the act of man; also, alienation of sovereignty and of the attributes of sovereignty
- 7 On derivative acquisition of property which takes place in accordance with law; and herein, intestate succession
- 8 On acquisitions commonly said to be by the law of nations
- 9 When sovereignty or ownership ceases
- 10 On the obligation which arises from ownership
- 11 On promises
- 12 On contracts
- 13 On oaths
- 14 On promises, contracts, and oaths of those who hold sovereign power
- 15 On treaties and sponsions
- 16 On interpretation
- 17 On damage caused through injury, and the obligation arising therefrom
- 18 On the right of legation
- 19 On the right of sepulchre
- 20 On punishments
- 21 On the sharing of punishments
- 22 On unjust causes [of wars]
- 23 On doubtful causes of war
- 24 Warnings not to undertake war rashly, even for just causes
- 25 On the causes of undertaking war on behalf of others
- 26 On just causes for war waged by those who are under the rule of another
- Book III On the Law of War and Peace
- Appendix 1 Note 18 (p. 329): the text of Grotius's note
- Appendix 2 Alternative outline
- Further reading
- Index of names
- Subject index
Summary
Whether a duty of restitution applies to the acts of kings as such
The promises, contracts, and oaths of kings, and of others who like them hold the chief power in the state, present peculiar questions in regard to what is permitted to them as regards their own acts; also, what is permitted to them in relation to their subjects and in regard to their successors.
As regards the first point, the question is whether a king can restore to himself his rights in full, as he can restore those of his subjects, or can make a contract void, or can absolve himself from an oath. Bodin is of the opinion that a king who has been overreached by the fraud or deceit of another, or induced by error or fear, can be restored to his original rights for the same reasons that a subject would be restored, not only in matters which pertain to the rights of sovereignty, but also in matters which relate to his private affairs. He adds that a king is not even bound by an oath if the agreements are of a kind from which the law permits withdrawal, even though [the oaths in question] are consistent with honour; he is not, in fact, bound because he has taken oath, but because everyone is bound by just agreements, in so far as another has an interest therein.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 222 - 231Publisher: Cambridge University PressPrint publication year: 2012