On the Law of War and Peace 战争和平法
De Jure Belli ac Pacis
Hugo Grotius 胡果·格老秀斯
Book II identifies three 'just causes' for war: self-defense, reparation of injury, and punishment; Grotius considers a wide variety of circumstances under which these rights of war attach and when they do not.
第二卷确定了战争的三个“正义原因”:自卫,伤害赔偿和惩罚; 格老秀斯仔细考虑了这些战争行为下的各种情况以及何时不具备这些权利。
CHAPTER 17: On Damages Occasioned by Injury and the Obligation to Repair Them.
第十七章:伤害事件造成的损害赔偿及其善后义务
XI. In the scale of implication the first degree applies to those, who by their authority, or other means have compelled or urged any one to the commission of an offence. On failure of these the perpetrator himself has the greatest share of guilt, and next to him, others who have been concerned. In short, all individuals, whose hands have been engaged in the perpetration, are guilty, though they have not been the sole authors of the act.
十一 那些通过其权力或其他手段强迫或敦促任何人犯罪的人必须负责第一的(战争)责任。犯罪者本人必须有最大的(战争责任)罪恶感,但那些在他旁边协助关注的人同样是有罪的。简而言之,所有参与犯罪的人都是有罪的,尽管他们并不是该罪行的唯一负责人。
XII. Now he who is answerable for an act, is answerable for all the injurious consequences attending it. Seneca in one of his controversies, treating upon this point, puts the case of a plane-tree set on fire, by which a house was burnt, and he subjoins the following remark, “although the mischief went further than was intended, yet the person doing it was answerable for the WHOLE, as much, as if he had done it by design. For any one that puts his defence upon the plea of UNINTENTIONAL INJURY, ought to have abstained from all mischief whatsoever.”
十二。对(战争)行为负责的人必须对所有参与其中的有害后果负责。塞内卡在他的一个争议中,就这一点提出一个比喻,因为一个梧桐树做的家具因为某人原因放火,烧毁了整栋房子。他的结论是 因为某人原因放火,而且这人是有着清醒意识这样做的话,他必须对整栋房子的毁坏负责,如果要为他辩护的话,只能证明他是失去自己主观意识的情况下无意实施的