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
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
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
Rights of parents over children
A right is acquired not only over things but also over persons. Such rights have their origin primarily in generation, consent, or crime. By generation, parents acquire a right over children – both parents, I mean, the father and the mother. But if there is variance in the exercise of these rights, the right of the father is given preference on account of the superiority of sex.
The period of infancy, and ownership of property by infants
Moreover, in dealing with children, three periods must be distinguished. The first is that of imperfect judgement,…while there is lack of discretion.…The second is the period of mature judgement, but while the son still remains a part of the family of the parents, that is so long as he has not separated from it.…The third is the period after the son has withdrawn from the family.
In the first period, all the actions of children are under the control of the parents; for it is fair that he who is not able to rule himself be ruled by another. . . . But naturally no one except the parents can be found to whom such control may be committed.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 124 - 137Publisher: Cambridge University PressPrint publication year: 2012