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
15 - On treaties and sponsions
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
What public conventions are
[P]ublic conventions are such as can be made only by the right of a higher or lower authority of government; and in this respect they differ not only from the contracts of private persons, but also from the contracts of kings which are concerned with private affairs. However, from such private contracts…causes of war are wont to arise, although more frequently from public contracts. Having, therefore, sufficiently treated of compacts in general, we ought to add some details which relate to this more excellent kind of agreement.
Division of conventions into treaties, sponsions, and other agreements
We can divide these public conventions, which the Greeks call συνθήκας (articles of agreement), into treaties, sponsions, and other agreements.
The difference between treaties and sponsions
[T]reaties are made by order of the highest authority; and… in respect to such treaties, the people itself is liable to divine wrath if it does not keep its agreements. … A sponsion is made when those who do not have from the supreme authority a commission for such an act promise something which essentially affects that authority.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 232 - 237Publisher: Cambridge University PressPrint publication year: 2012