When is war lawful?

Translation: quotations from Samuel von Pufendorf are quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes); quoted in Andrew Tooke's 1735 English translation, not his original words.

OCR: 12 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believes that when it is manifestly clear that a war is unjust, it is not lawful for a subject to maintain such a bad cause. He also suggests that in doubtful cases, the safest course is to remain neutral and not engage in the war. [1]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believes that a subject may lawfully bear arms in an unjust war at the command of his prince. This suggests that he holds the view that war may be lawful for a subject when ordered by their prince, regardless of the justice of the war. [2]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that no man must wage war without the command of another. This is stated as a rule in the passage. "No Man muft wage War without the Corlirnand of another." [3]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believes that an exception of fear is not sufficient to disannul or refcind compacts that restore peace, as it is contrary to the common practice of the Laws of Nations and would make it impossible to end wars, which are frequent and should be ended for the publick interest of the World. He also believes that an unjust conqueror is obliged to make restitution, and it is not unlawful to plead an exception of fear against him. "But it mufl; be faid, that the Extortions and Ravages of tinjnji War can never be retain'd or defended by Confciencc." [4]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that an offensive war is not unjust if it is undertaken with a lawful cause, and that defensive war, which would otherwise be unjust, becomes just when it is in response to an unjust war. He argued that the first to take up arms commences an offensive war, whether justly or unjustly, and the one opposing it begins a defensive war. [5]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believes that war is lawful when it is necessary to achieve a morally necessary end or design of the war, and that actions in war are permitted if they are necessary to achieve that end. He also argues that war must be conducted with moderation and that not all actions are justified under the pretext of pursuing one's right. [6]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): The passage shows that Samuel von Pufendorf believed that war is lawful when it has just causes, and that the justice of the causes of war ought to be clear and manifest. It also suggests that there are different kinds of war, including offensive and defensive, and that the ends proposed in making war must be considered. "War, what it is, i. 10. 8. ... Juft Caufes of undertaking it, ibid. £ 3. The Juftice of the Caufes of War ought to be clear and manifeff, ib. {. 4." [7]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): The passage shows that Samuel von Pufendorf believed that the causes of war, especially offensive wars, ought to be evident and without doubt or uncertainty. He argues that before breaking out into war, parties should attempt peaceful resolutions such as conferences, appeals to arbiters, or by lot. [8]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf discusses the conditions under which war is lawful, including just causes for war and the distinction between offensive and defensive wars. He also considers the equity of reprizals and the declaration of war. [9]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that war becomes lawful when it is necessary to defend or assert one's own rights, where they are not to be obtained by peaceable means. [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [1], [2], [3], [4].

2. HOW IT APPLIES (reasoning; inference is marked)

1. Samuel von Pufendorf believed war is lawful when it is necessary to defend or assert one's rights, particularly in cases of unjust violence or unprovoked invasion [5] [11] [10].

2. He emphasized that the causes of war must be clear and manifest, and that parties should attempt peaceful resolutions before resorting to war [7] [8].

3. He distinguished between offensive and defensive wars, stating that offensive war is not unjust if it is undertaken with a lawful cause [5] [9].

4. Samuel von Pufendorf also considered the justice of the causes of war and the necessity of achieving a morally necessary end [12] [6].

5. However, he also acknowledged that a subject may lawfully bear arms in an unjust war at the command of his prince, suggesting that obedience to authority can override the justice of the war [2].

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the specific modern implications of war lawfulness, such as international treaties or modern warfare ethics. However, it is clear that Samuel von Pufendorf grounded his views in the necessity of defending rights and the clarity of just causes.

Extrapolation: Samuel von Pufendorf would likely argue that war is lawful when it is necessary to defend one's rights and when the causes are clear and just. He would emphasize the importance of attempting peaceful resolutions before resorting to war and would distinguish between offensive and defensive wars based on the presence of a lawful cause.

Competing readings: One reading is that Samuel von Pufendorf believed in the necessity of defending rights and the clarity of just causes for lawful war [5] [11] [10]. Another reading is that he also acknowledged the lawfulness of bearing arms in an unjust war at the command of a prince [2], suggesting that obedience to authority can override the justice of the war.

Confidence: Moderate, as the record provides clear principles but does not address modern contexts directly.