Читать книгу Commentary on the Law of Prize and Booty - Hugo Grotius - Страница 10

CONTENTS

Translation of De Jure Praedae:

CHAPTER I

Introductory Remarks—Outline [of the Case]—Divisions [of the Discussion]—Method—Order

CHAPTER II

Prolegomena, Including Nine Rules and Thirteen Laws

CHAPTER III

QUESTION I: Article I. Is any war just?—Article II. Is any war just for Christians?—Article III. Is any war just for Christians, against Christians?—Article IV. Is any war just for Christians, against Christians, from the standpoint of all law?

CHAPTER IV

QUESTION II: Article I. Is the seizure of prize or booty ever just?—Article II. Is it ever just for Christians?—Article III. Is such seizure ever just for Christians, from Christians?—Article IV. Is such seizure ever just for Christians, from Christians, and from the standpoint of all law?

CHAPTER V

QUESTION III: What seizures of prize or booty are just?

QUESTION IV: What wars are just?

CHAPTER VI

Concerning the Efficient Cause of War

QUESTION V: Article I. What is a just efficient cause of private war?—Article II. What is a just efficient cause of public war?

CHAPTER VII

Concerning the Subject-Matter of War. For What Cause and in What Circumstances Is War Justly Waged?

QUESTION VI: Article I. What constitutes just subject-matter of war, in a causal sense, for voluntary efficient agents?—Article II. What constitutes just subject-matter of war, from the standpoint of attendant circum-stances, for voluntary efficient agents? Article III. What constitutes just subject-matter of war, in a causal sense, for subjects?—Article IV. What constitutes just subject-matter of war, from the standpoint of attendant circumstances, for subjects?

COROLLARY TO QUESTION VI. Can there be a war that is just for both parties: Article I. With respect to voluntary agents?—Article II. With respect to subjects?

CHAPTER VIII

Concerning the Forms to Be Followed in Undertaking and Waging War

QUESTION VII: Article I. What constitutes just form in undertaking a private war?—Article II. What constitutes just form in undertaking a public war?—Article III. What constitutes just form in waging a war, in so far as voluntary agents are concerned?—Article IV. What constitutes just form in waging a war, in so far as subjects are concerned?

COROLLARIES: I. To what extent is aggressive action permissible against enemy subjects?—II. Can seizure of prize or booty be just for both parties, in so far as subjects are concerned; and if so, to what extent is this possible?—III. Can permanent acquisition of prize or booty be just for both parties; and if so, to what extent is this possible?

CHAPTER IX

Concerning the Aims of War

QUESTION VIII: Article I. What constitutes a just purpose in war, for voluntary agents?—Article II. What constitutes a just purpose in war, for subjects?

CHAPTER X

QUESTION IX: By whom may prize or booty be acquired? Article I. By whom may it be acquired in private wars?—Article II. By whom may it be acquired in public wars?

COROLLARY: To what extent is the acquisition of prize or booty permissible for those who are waging a public war at their own expense, to their own loss and at the risk of damage to their personal interests, through the efforts of their own agents, and in the absence of any agreement regarding recompense?

CHAPTER XI

PART I. A General Discussion, Which Deals with the Following Items: Article I. The causes of the war waged by the Dutch against Alba, the Spaniards, Philip, &c.—Article II. The courtesies extended by the Dutch in the course of that war.—Article III. The causes of the war waged by the Dutch against the Portuguese.—Article IV. The courtesies extended by the Dutch to the Portuguese.—Article V. The injuries inflicted by the Portuguese upon the Dutch, throughout Portugal.—Article VI. The injuries inflicted by the Portuguese upon the Dutch, in other, widely distributed localities.—Article VII. The injuries inflicted by the Portuguese upon the Dutch, on the pretext that the latter were entering, for commercial purposes, regions subject to the former.—Article VIII. The same pretext, with special reference to the East Indies.

PART II. A Discussion of Events in the East Indies, Which Deals with the Following Items: Article I. False accusations made by the Portuguese against the Dutch.—Article II. Enemies suborned by the Portuguese against the Dutch.—Article III. Fraudulent and perfidious conduct of the Portuguese toward the Dutch.—Article IV. The war was first undertaken by the Portuguese against the Dutch.—Article V. The war waged by the Portuguese against the friends of the Dutch.

CHAPTER XII

Wherein It Is Shown That Even If the War Were a Private War, It Would Be Just, and the Prize Would Be Justly Acquired by the Dutch East India Company; and Wherein, Too, the Following Theses Are Presented:

I. Access to all nations is open to all, not merely by the permission but by the command of the law of nations.

2. Infidels cannot be divested of public or private rights of ownership merely because they are infidels, whether on the ground of discovery, or in virtue of a papal grant, or on grounds of war.

3. Neither the sea itself nor the right of navigation thereon can become the exclusive possession of a particular party, whether through seizure, through a papal grant, or through prescription (that is to say, custom).

4. The right to carry on trade with another nation cannot become the exclusive possession of a particular party, whether through seizure, or through a papal grant, or through prescription (that is to say, custom).

CHAPTER XIII

Wherein It Is Shown That the War Is Just, and That the Prize in Question Was Justly Acquired by the Company, in the Public Cause of the Fatherland

PART I. This Assertion Is True with respect to the Governmental Assemblies of Holland and of the United Provinces, in Their Character as Voluntary Agents.

PART II. It Is True with respect to the East India Company, in Its Character as a Subject of the Said Assemblies.

PART III. The War and the Afore-mentioned Acquisition Are also Just on the Basis of the Public Cause of Our Allies.

In this same chapter the following theses are presented:

I. A politically organized community, or its various internal states, even when they are ruled by a prince, nevertheless possess authority to enter publicly into a war.

2. A just ground for war against a prince is the defence of long-established hereditary laws by which the principate is bound.

3. War against the prince does not require a declaration of war.

4. It is the part of a good citizen to obey the magistrates currently in office.

5. A citizen fights in good faith against the prince, when fighting in defence of the state and the laws.

6. The war of a state against a prince who was formerly its own ruler is a foreign war.

7. It is sometimes right for Christians to enter into an alliance of war with infidels who are fighting against Christians.

CHAPTER XIV

PART I. The Seizure of the Prize in Question Was Honourable:

In Part I the following theses are presented:

I. Everything just is honourable.

2. It is especially honourable to take vengeance, in behalf of one’s allies or one’s native land, upon men who are incorrigible.

3. Seizure of spoils may be especially honourable because of the purpose served thereby.

PART II. It Is Honourable to Retain Possession of the Prize in Question.

CHAPTER XV

PART I. The Seizure of the Prize in Question Was Beneficial.

In Part I the following theses are presented:

I. Everything just is beneficial.

2. Everything honourable is beneficial.

3. That which befits the circumstances in which the state is situated is especially beneficial.

4. It is especially beneficial to do good to allies.

5. It is especially beneficial to do harm to enemies.

6. Ease of accomplishment is a beneficial factor.

PART II. Retention of Possession of the Said Prize Is Beneficial.

APPENDIX A

Table of Rules and Laws Compiled from Chapter II of the Commentary