What is the law of nature and the law of nations, and when is war just?

Translation: quotations from Hugo Grotius are quoted in Ralph van Deman Magoffin's 1916 English translation; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition), not his original words.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; quoted in Ralph van Deman Magoffin's 1916 English translation): Hugo Grotius believed that the law of nature is immutable and arises from Divine Providence, and that the primary law of nations differs from the secondary or positive law of nations, which is mutable. He argued that customs incompatible with the primary law of nations are not valid and are instead corruptions or abuses. (key quote above) [1]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that the law of nature and the law of nations are based on the idea of a kinship among men established by nature, which leads to a community of rights. He argued that the society of nations, as aggregations of individuals, needs the recognition of rights and that there is a Natural Law based on the nature of man as a rational intelligence. "Beginning with the idea that there is a kinship among men established by nature, he sees in this bond a community of rights... It is thus upon the nature of man as a rational intelligence that Grotius founds his system of universal law." [2]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that in peace treaties, debts owed before the war are not discharged by the war itself, as they are not acquired by the laws of war. He argued that when the impediment of war is removed, such debts retain their original force, and rights to property are preserved, as states and governments were originally designed to preserve possession of one's own property. "The debts, owing to individuals, at the beginning of a war, are not to be thought thereby discharged... For states and governments, says Cicero, were originally and principally designed to preserve to every one the possession of his own property." [3]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that property rights are protected by the law of nature, and that sovereign actions in treaties must be interpreted in a way that restores justice and equalizes pretensions between parties. He argued that in peace treaties, ambiguous terms should be interpreted to grant justice to the party with a just cause and to provide indemnity for losses, but not to allow excessive punishment. "Regarding purely the law of nature, the most favourable construction is that, whereby every one is restored to his own property and possessions." [4]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that the law of nature is based on principles that are agreeable to reason and that these principles form the foundation for determining what is just, including whether war is lawful. He argued that preserving oneself and avoiding destruction is a natural principle, and that reason should guide actions more than instinct. "Hence, he says, it happens, that if left to his own choice, every man would prefer a sound and perfect to a mutilated and deformed body." [5]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that there is a law of war as well as a law of peace, and that war is only just when undertaken to assert rights and carried on within the limits of rights. He argued that these laws are perpetual and spring from the nature of man, and that they distinguish international jurisprudence from mere ethical speculation. (key quote above) [6]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that not all wars are condemned by the law of nature, which he also called the law of nations. He argued that wars can be just if they are made upon just grounds, even if they are not exactly conformable to the law of nations, and that the law of nations allows for the repelling of violence and injury to protect one's person. "From the law of nature then which may also be called the law of nations, it is evident that all kinds of war are not to be condemned... For some wars, when made upon just grounds, though not exactly conformable, yet are not repugnant to the law, as will be explained more fully hereafter." [7]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that war is justifiable for the defense of person and property, particularly when the danger is present and real. He argued that just causes of war include defense, recovery of property or debt, and punishment of offenses committed, and that such war is lawful only against an aggressor. [8]

What cuts against it

• ACTION (undated): The editor's note suggests that a state may vary its conduct in response to changing circumstances without a change in principle, which could imply flexibility in applying the law of nations. "Owing to circumstances there may be a variation in the conduct, and yet no change in the principles of a state." [9] (quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition))

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

1. Hugo Grotius believed that the law of nature is immutable and arises from Divine Providence, forming the foundation of the law of nations. [1]

2. He argued that the law of nations is a secondary or positive law, which can be mutable, but must not contradict the primary law of nations rooted in natural law. [1]

3. War is just when it is undertaken to assert rights and carried out within the limits of rights, as determined by natural law and reason. [6]

4. Just causes of war include defense of person and property, recovery of property or debt, and punishment of offenses, but only against an aggressor. [8]

5. The law of nations distinguishes between formal and informal wars, with formal wars requiring sovereign authority and certain formalities. [10] (inference)

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: Hugo Grotius believed that the law of nature is immutable and forms the basis of the law of nations, which governs the conduct of states in war. He argued that war is just when it is undertaken to assert rights and carried out within the limits of rights, particularly for defense, recovery of property, or punishment of offenses.

Competing readings: The editor's note suggests that a state may vary its conduct in response to changing circumstances without a change in principle, implying a pragmatic approach to the application of the law of nations. [9]

Confidence: High, as the record directly addresses the question and provides detailed reasoning from Grotius's own writings.