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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 2, CHAPTER 2Of Things Which Belong to Men in CommonI. The division of that which is our own.II. The origin and development of the right of private ownership.III. That certain things, such as the sea both as a whole and in its _principal divisions, cannot become subject to private ownership, and why.IV. That unoccupied lands become the property of the individuals who become occupants of them, unless they have been taken over as a whole by a people.V. That wild animals, fish, and birds belong to the man who has caught them, unless a law forbids.VI. That in case of necessity men have the right to use things which have become the property of another, and whence this right comes.VII. That the right, in case of necessity, to use things belonging to others, holds when the necessity is in no way avoidable.VIII. That the right, in case of necessity, to use things belonging to another, holds except when the possessor has equal need.IX. That there is, further, an obligation to restore the things of another used in case of necessity, whenever restoration shall be possible.X. Application of this right in the case of wars.XI. That men possess the right to use things which have become the property of another, for a purpose which involves no detriment to the owner.XII. Hence the right to the use of running water.XIII. Hence, also, the right of passage over land and rivers, with explanation.XIV. Whether a tax may be imposed upon merchandise passing through a country.XV. The right of temporary sojourn.XVI. Those who have been driven from their homes have the right to acquire a permanent residence in another country, in submission to the government there in authority.XVII. The right of possession over desert places in respect to foreigners, and how this must be understood.XVIII. The right to such acts as human life requires.XIX. The right to such acts as human life requires includes the right to buy the things that are necessary.XX. T he right to such acts as human life requires does not oblige a man to sell what belongs to him.XXI. The right to such acts as human life requires includes the right to seek marriages in foreign countries; explanation.XXII. The right to do those things which are permitted without distinction to foreigners.XXIII. Such a right must be understood as applying only to things.XXIV. Whether a contract is permissible with a people that it should sell its crops to those with whom it has made the contract, and not to others. |
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