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15 - Moderation in the acquisition of sovereignty

from Book III - 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

To what extent moral justice permits sovereignty to be acquired

The equity which is required, or the humanity which is praised, in respect to individuals, is so much more required and praised in respect to peoples or parts of peoples in the degree that wrong or kindness toward a large number of persons becomes more notable. As other things may be acquired in a lawful war, so there may be acquired both the right of him who rules over a people and the right which the people itself has in the sovereign power; only in so far, however, as is permitted by the measure of the penalty which arises from a crime, or of some other form of debt. To these reasons should be added the avoidance of extreme danger. But this reason is very often confused with the others, although both in establishing peace and in making use of victory, it deserves particular attention for its own sake. It is possible to forgo other things from compassion; but, in case of public danger, a sense of security which exceeds the proper limit is the reverse of compassion.

On leaving the sovereign power to those who had held it

Another form of moderation in victory is to leave to conquered kings or peoples the sovereign power which they had held.

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Chapter
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Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 406 - 407
Publisher: Cambridge University Press
Print publication year: 2012

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